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69012 Federal Register / Vol. 84, No. 242 / Tuesday, 17, 2019 / Notices

notice setting out the process for the of the HTSUS, as set out in the Annex printed in various colors, valued at product exclusions, and opened a of the notice published at 84 FR 49600 $0.88 or more but not over $2.42 per kg’’ public docket. See 83 FR 47236 (the ( 20, 2019). in lieu thereof. notice). Subparagraphs A(2–7) of the Annex 7. U.S. note 20(v)(37) to subchapter III Under the September 18 notice, correct errors in U.S. notes 20(v)(21), of chapter 99 of the Harmonized Tariff requests for exclusion had to identify 20(v)(22), 20(v)(36), 20(v)(71), 20(v)(72), Schedule of the is the product subject to the request in and 20(v)(87) to subchapter III of modified by deleting ‘‘plastic sheeting terms of the physical characteristics that chapter 99 of the HTSUS, as set out in made of plain-woven, high-density distinguish it from other products the Annex of the notice published at 84 polyethylene fabric coated on both sides within the relevant 8-digit subheading FR 49600 (, 2019). with low-density polyethylene, in rolls covered by the $16 billion action. In order to conform to the U.S. Trade measuring 5 m in width’’ and inserting Requestors also had to provide the 10- Representative’s intent to grant certain ‘‘plastic sheeting, core/scrim woven digit subheading of the HTSUS most exclusion requests, Subparagraphs A(8– layer of high-density polyethylene applicable to the particular product 9) of the Annex make amendments to (HDPE) textile strip, coated on both requested for exclusion, and could U.S. notes 20(v)(20) and 20(v)(37) to sides with low density polyethylene submit information on the ability of U.S. subchapter III of chapter 99 of the (LDPE), with a layer of visible black file Customs and Border Protection to HTSUS, as set out in the annex of the of linear LDPE, polyvinyl chloride free, administer the requested exclusion. notice published at 84 FR 49600 weighing not over 1.492 kg/m2, in rolls Requestors were asked to provide the (September 20, 2019). each not over 5 m in width’’ in lieu quantity and value of the Chinese-origin The U.S. Trade Representative will thereof. product that the requestor purchased in continue to issue determinations on a 8. U.S. note 20(v)(86) to subchapter III the last three years. With regard to the periodic basis as needed. of chapter 99 of the Harmonized Tariff Schedule of the United States is rationale for the requested exclusion, Annex requests had to address the following modified by deleting ‘‘(described in factors: A. Effective with respect to goods statistical reporting numbers • Whether the particular product is entered for consumption, or withdrawn 8711.60.0050 or 8711.60.0090)’’ and available only from China and from warehouse for consumption, on or inserting ‘‘(described in statistical specifically whether the particular after 12:01 a.m. eastern daylight time on reporting numbers 8711.60.0050 or product and/or a comparable product is 23, 2018: 8711.60.0090, effective 1, 2019; available from sources in the United 1. U.S. note 20(v)(21) to subchapter III described in statistical reporting number States and/or third countries. of chapter 99 of the Harmonized Tariff 8711.60.0000, effective prior to , • Whether the imposition of Schedule of the United States is 2019)’’ in lieu thereof. additional duties on the particular modified by deleting ‘‘2.44 mm’’ and 9. U.S. note 20(v)(87) to subchapter III product would cause severe economic inserting ‘‘2.44 m’’ in lieu thereof. of chapter 99 of the Harmonized Tariff harm to the requestor or other U.S. 2. U.S. note 20(v)(22) to subchapter III Schedule of the United States is interests. of chapter 99 of the Harmonized Tariff modified by deleting ‘‘not exceeding • Whether the particular product is Schedule of the United States is 250 W’’ (described in statistical strategically important or related to modified by deleting ‘‘47.5 cm in width, reporting numbers 8711.60.0050)’’ and ‘‘Made in China 2025’’ or other Chinese 61.0 cm in length and 24 mm in inserting ‘‘of 1.0 kW or more but not industrial programs. thickness’’ and inserting ‘‘45.72 cm in over 2.1 kW (described in statistical The September 18 notice stated that width, 60.96 cm in length and 0.6096 reporting number 8711.60.0090, the U.S. Trade Representative would mm in thickness’’ in lieu thereof. effective July 1, 2019; described in take into account whether an exclusion 3. U.S. note 20(v)(36) to subchapter III statistical reporting number would undermine the objective of the of chapter 99 of the Harmonized Tariff 8711.60.0000, prior to July 1, 2019)’’. Section 301 investigation. Schedule of the United States is The September 18 notice required modified by deleting ‘‘1.12 cm or more Joseph Barloon, submission of requests for exclusion but not exceeding 1.52 cm in width and General Counsel, Office of the U.S. Trade from the $16 billion action no later than 1.93 cm or more but not exceeding 2.29 Representative. , 2018, and noted that the cm in length’’ and inserting ‘‘1.12 m or [FR Doc. 2019–27072 Filed 12–16–19; 8:45 am] U.S. Trade Representative periodically more but not over 1.52 m in width and BILLING CODE P would announce decisions. In July 1.93 m or more but not over 2.29 m in 2019, the U.S. Trade Representative length’’ in lieu thereof. granted an initial set of exclusion 4. U.S. note 20(v)(71) to subchapter III OFFICE OF THE UNITED STATES requests. See 84 FR 37381. The U.S. of chapter 99 of the Harmonized Tariff TRADE REPRESENTATIVE Trade Representative granted additional Schedule of the United States is modified by deleting ‘’25 W but not Notice of Product Exclusions: China’s exclusions in September and Acts, Policies, and Practices Related to 2019. See 84 FR 49600 and 84 FR 52553. exceeding 2.0 kW’’ and inserting ‘‘exceeding 750 W but not over 1.8 kW’’ Technology Transfer, Intellectual B. Amendments to Certain Exclusions in lieu thereof. Property, and Innovation To correct technical and ministerial 5. U.S. note 20(v)(72) to subchapter III AGENCY: Office of the United States errors and in order to conform to the of chapter 99 of the Harmonized Tariff Trade Representative. U.S. Trade Representative’s intent to Schedule of the United States is deleted. ACTION: Notice of product exclusions. grant certain exclusions, the Annex to 6. U.S. note 20(v)(20) to subchapter III this notice includes amendments to of chapter 99 of the Harmonized Tariff SUMMARY: In September 2018, the U.S. certain notes in the HTSUS. Schedule of the United States is Trade Representative imposed In order to clarify a periodic revision modified by deleting ‘‘1.5 m or more in additional duties on goods of China to the HTSUS, subparagraph A(1) of the width, printed in various colors, valued with an annual trade value of Annex modifies the text to U.S. note at $1.60 to $1.90 per kg’’ and inserting approximately $200 billion as part of 20(v)(86) to subchapter III of chapter 99 ‘‘0.6 m or more in width, whether or not the action in the Section 301

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investigation of China’s acts, policies, exclusion of particular products B. Determination To Grant Certain and practices related to technology classified within an 8-digit HTSUS Exclusions transfer, intellectual property, and subheading covered by the $200 billion innovation. The U.S. Trade action from the additional duties. See 84 Based on the evaluation of the factors Representative initiated a product FR 29576 (the 24 notice). set out in the notice, which are summarized above, pursuant to sections exclusion process in June 2019, and Under the June 24 notice, requests for 301(b), 301(c), and 307(a) of the Trade interested persons have submitted exclusion had to identify the product Act of 1974, as amended, and in requests for the exclusion of specific subject to the request in terms of the products. This notice announces the physical characteristics that distinguish accordance with the advice of the U.S. Trade Representative’s the product from other products within interagency Section 301 Committee, the determination to grant certain exclusion the relevant 8-digit subheading covered U.S. Trade Representative has requests, as specified in the Annex to by the $200 billion action. Requestors determined to grant the product this notice, and corrects a ministerial also had to provide the 10-digit exclusions set out in the Annex to this error in a previously announced subheading of the HTSUS most notice. The U.S. Trade Representative’s exclusion. applicable to the particular product determination also takes into account DATES: The product exclusions requested for exclusion, and could advice from advisory committees and announced in this notice will apply as submit information on the ability of U.S. any public comments on the pertinent of the , 2018, effective date Customs and Border Protection to exclusion requests. of the $200 billion action, to , administer the requested exclusion. As set out in the Annex, the 2020. The amendment announced in Requestors were asked to provide the exclusions are reflected in 9 ten-digit this notice is retroactive to the date the quantity and value of the Chinese-origin HTSUS subheadings and 35 specially original exclusion was published. product that the requestor purchased in prepared product descriptions, which FOR FURTHER INFORMATION CONTACT: For the last three years. With regard to the cover 75 separate exclusion requests. general questions about this notice, rationale for the requested exclusion, contact Assistant General Counsels requests had to address the following In accordance with the June 24 notice, Philip Butler or Megan Grimball, or factors: the exclusions are available for any product that meets the description in Director of Industrial Goods Justin • Whether the particular product is the Annex, regardless of whether the Hoffmann at (202) 395–5725. For available only from China and specific questions on customs specifically whether the particular importer filed an exclusion request. classification or implementation of the product and/or a comparable product is Further, the scope of each exclusion is product exclusions identified in the available from sources in the United governed by the scope of the product Annex to this notice, contact States and/or third countries. descriptions in the Annex, and not by [email protected]. the product descriptions set out in any • Whether the imposition of SUPPLEMENTARY INFORMATION: particular request for exclusion. additional duties on the particular A. Background product would cause severe economic To correct a ministerial error and in For background on the proceedings in harm to the requestor or other U.S. order to conform to the U.S. Trade this investigation, please see the prior interests. Representative’s intent to grant an notices issued in the investigation, • Whether the particular product is exclusion requested, the Annex to this including 82 FR 40213 (, strategically important or related to notice also includes an amendment to a 2017), 83 FR 14906 ( 6, 2018), 83 ‘‘Made in China 2025’’ or other Chinese note in the HTSUS. FR 28710 (, 2018), 83 FR 33608 industrial programs. Paragraph A, subparagraphs (3)–(6) (, 2018), 83 FR 38760 (August 7, are conforming amendments to the The June 24 notice stated that the U.S. 2018), 83 FR 47974 (, HTSUS reflecting the modifications Trade Representative would take into 2018), 83 FR 49153 (, made by the Annex. 2018), 83 FR 65198 (, account whether an exclusion would Paragraph B, subparagraph (1) is a 2018), 84 FR 7966 ( 5, 2019), 84 undermine the objective of the Section ministerial correction of U.S. note FR 20459 ( 9, 2019), 84 FR 29576 301 investigation. (June 24, 2019), 84 FRN 38717 (August The June 24 notice required 20(ll)(53) to subchapter III of chapter 99 7, 2019), 84 FR 46212 (, submission of requests for exclusion of the HTSUS that modifies the product 2019), 84 FR 49591 (September 20, from the $200 billion action no later description value published in the 2019), 84 FR 57803 (, 2019), than , 2019, and noted that annex to the notice published at 84 FR 84 FR 61674 ( 13, 2019), and the U.S. Trade Representative would 57803 (October 28, 2019). Paragraph B, 84 FR 65882 (, 2019). periodically announce decisions. In subparagraphs (2)–(4), make conforming Effective September 24, 2018, the U.S. August 2019, the U.S. Trade amendments to note 20(ll) published at Trade Representative imposed Representative granted an initial set of 84 FR 57803 (October 28, 2019), note additional 10 percent duties on goods of exclusion requests. See 84 FR 38717. 20(mm) published at 84 FR 61674 China classified in 5,757 full and partial The U.S. Trade Representative granted (, 2019), and note 20(nn) subheadings of the Harmonized Tariff additional exclusions in September, published at 84 FR 65882 (November Schedule of the United States (HTSUS), October, and November 2019. See 84 FR 29, 2019). with an approximate annual trade value 49591, 84 FR 57803, 84 FR 61674, and As stated in the September 20, 2019 of $200 billion. See 83 FR 47974, as 84 FR 65882. The Office of the United notice, the exclusions will apply from modified by 83 FR 49153. In May 2019, States Trade Representative (USTR) September 24, 2018, to August 7, 2020. the U.S. Trade Representative increased regularly updates the status of each U.S. Customs and Border Protection will the additional duty to 25 percent. See 84 pending request on the USTR FR 20459. On June 24, 2019, the Trade Exclusions Portal at https:// issue instructions on entry guidance and Representative established a process by exclusions.ustr.gov/s/docket? implementation. which U.S. stakeholders may request docketNumber=USTR-2019-0005.

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The U.S. Trade Representative will from warehouse for consumption, on or HTSUS labeled ‘‘Heading/Subheading’’, continue to issue determinations on after 12:01 a.m. eastern daylight time on ‘‘Article Description’’, and ‘‘Rates of pending requests on a periodic basis. September 24, 2018, subchapter III of Duty 1—General’’, respectively: chapter 99 of the Harmonized Tariff Joseph Barloon, Schedule of the United States (HTSUS) General Counsel, Office of the U.S. Trade is modified: Representative. 1. By inserting the following new Annex heading 9903.88.36 in numerical A. Effective with respect to goods sequence, with the material in the new entered for consumption, or withdrawn heading inserted in the columns of the

Rates of duty Heading/ Article description 1 subheading 2 General Special

‘‘9903.88.36 ...... Articles the product of China, as provided for in U.S. The duty provided in note 20(oo) to this subchapter, each covered by an the applicable sub- exclusion granted by the U.S. Trade Representa- heading’’. tive.

2. by inserting the following new U.S. each having a net weight of 15 g maintain tension on the rope note 20(oo) to subchapter III of chapter (described in statistical reporting (described in statistical reporting 99 in numerical sequence: number 0813.40.4000) number 5609.00.3000) ‘‘(oo) The U.S. Trade Representative (13) Pears, freeze-dried and sliced, put (20) Gates for confining children or pets, determined to establish a process by up for retail sale in packages each of steel not coated or plated with which particular products classified in having a net weight of 15 g precious metals (described in heading 9903.88.03 and provided for in (described in statistical reporting statistical reporting number U.S. notes 20(e) and (f) to this number 0813.40.9000) 7323.99.9040) subchapter could be excluded from the (14) Mixtures of strawberries and (21) Steel electrical boxes, designed for additional duties imposed by heading bananas, freeze-dried and sliced, lighting fixtures, switches, 9903.88.03, and by which particular put up for retail sale in packages receptacles or outlet devices, such products classified in heading each having a net weight of 15 g boxes weighing 0.4 kg or more but 9903.88.04 and provided for in U.S. (described in statistical reporting not over 3.5 kg, 10.2 cm in length note 20(g) to this subchapter could be number 0813.50.0020) or more, 5 cm or more but not over excluded from the additional duties (15) Mixed seasoning of Himalayan salt, 10.2 cm in width and 12 cm in imposed by heading 9903.88.04. See 83 tomato flake, lemon peel, basil, height, the foregoing UL listed FR 47974 (September 21, 2018) and 84 black pepper and sage, put up for (described in statistical reporting FR 29576 (June 24, 2019). Pursuant to retail sale in packages each number 7326.90.8688) the product exclusion process, the U.S. weighing 200 g (described in (22) Telescoping multi-position ladders Trade Representative has determined statistical reporting number of aluminum, each with maximum that the additional duties provided for 2103.90.8000) reach height of 4.2 m or more but in heading 9903.88.03 or in heading (16) Molded blocks of wood pulp not over 7.9 m, with locks to adjust 9903.88.04 shall not apply to the cellulose sponge, each measuring the telescoping positions and with following particular products, which are not over 105 cm by 105 cm by 40 load rating of 136 kg or more but provided for in the enumerated cm (described in statistical not over 170 kg (described in statistical reporting numbers: reporting number 4823.70.0040) statistical reporting number (1) 0304.72.5000 (17) Satin woven fabrics of artificial 7616.99.5130) (2) 0304.83.1015 filament yarn, consisting of 63 (23) Towers of aluminum, unassembled, (3) 0304.83.1020 percent rayon and 37 percent each designed to be mounted on a (4) 0304.83.5090 combed cotton, dyed, weighing not boat, incorporating at least one (5) 8507.20.4000 over 211 g/m2 (described in point to which a tow rope may be (6) 8708.50.8500 (7) 8708.94.7510 statistical reporting number fastened for towing individuals (8) 8708.99.8105 5408.32.9050) participating in water sports such as (9) 8712.00.1520 (18) Nonwoven rug pads, each wakeboarding, the assembled tower (10) Bananas, freeze-dried and sliced, comprising a 100 percent polyester measuring not over 1.9 m in height put up for retail sale in packages fiber fabric, face laminated to a and no more than 2.5 m in width each having a net weight of 15 g thermoplastic elastomer and (described in statistical reporting (described in statistical reporting weighing over 150 g/m2 (described number 8302.49.6055) number 0803.90.0045) in statistical reporting number (24) Towers of aluminum, unassembled, (11) Apples, freeze-dried and sliced, put 5603.94.1090) each designed to be mounted on the up for retail sale in packages each (19) Ropes of man-made fibers, each body of a boat, incorporating a tow having a net weight of 15 g measuring 1.7 m or more but not point for towing individuals (described in statistical reporting over 6.1 m in length with breaking participating in water sports such as number 0813.30.0000) strength of 22 kg or more but not wakeboarding, the assembled tower (12) Peaches, freeze-dried and sliced, over 230 kg, with hooks of base measuring not over 1.6 m in height put up for retail sale in packages metal and locking mechanisms to and not over 2.5 m in width

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(described in statistical reporting (VFD), measuring 31.75 cm or more exceeding 4 kg (described in number 8302.49.6055) but not over 34.3 cm in length, 21.5 statistical reporting number (25) Digital electronic scales, not for cm or more but not over 25.4 cm in 8708.99.5300) personal use, not for continuous width and 7.5 cm or more but not (38) Upholstered dining chairs, with a weighing, other than constant- over 9 cm in height and weighing wooden frame, other than of teak weight scales, each measuring no 1.6 kg or more but not over 2 kg (described in statistical reporting more than 195 mm by 165 mm by each (described in statistical number 9401.61.4011) 60 mm, having a maximum weight reporting number 8470.21.0000) (39) Chairs with three legs, with frames capacity of 5 kg, and having the (31) Electronic calculating machines, of steel held together by elastic cord ability to reset tare (zero point reset) each incorporating a ribbon ink and textile seating material, for multiple times while adding to the printing device, that operates with outdoor non-household use article being weighed (described in an external source of power, with a (described in statistical reporting statistical reporting number vacuum fluorescent display (VFD), number 9401.79.0015) 8423.81.0040) measuring 32 cm or more but not (40) Chairs, each with four legs, a frame (26) Electronic calculators for desktop over 35 cm in length, 22 cm or more of aluminum held together by use, solar-powered with battery but not over 26 cm in width and 8 elastic cord and textile seating backup (other than with cm or more but not over 9 cm in material, for outdoor non- engineering, trigonometric, height and weighing 1.75 kg or household use (described in scientific or construction more but not over 2 kg each statistical reporting number functions), each measuring 11 cm or (described in statistical reporting 9401.79.0015) more but not over 25 cm in length, number 8470.21.0000) (41) Entry tables of wood other than 7 cm or more but not over 19.5 cm (32) Electronic calculating machines, bent-wood, each measuring 180 cm in width, and 1 cm or more but not each incorporating an ink roller or more but not over 185 cm in over 5 cm in height and weighing printing device, capable of length, 80 cm or more but not over operating with an external source of 0.058 kg or more but not over 0.34 83 cm in height and over 40 but not kg (described in statistical reporting power or battery power, with liquid over 45 cm in width, with tin top number 8470.10.0040) crystal display (LCD), measuring 19 (described in statistical reporting (27) Electronic calculators, handheld, cm or more but not over 26.5 cm in number 9403.60.8081) solar-powered or battery powered length, 8 cm or more but not over (42) 8-light circular electric household (other than with engineering, 20 cm in width and 4 cm or more chandeliers, of base metal other trigonometric or scientific but not over 7 cm in height and than brass (described in statistical functions), each measuring 10 cm or weighing 0.3 kg or more but not reporting number 9405.10.6010) more but not over 16 cm in length, over 0.7 kg each (described in (43) Electric household table lamps, 5 cm or more but not over 9 cm in statistical reporting number with bases of wood, presented with width, and 0.5 cm or more but not 8470.21.0000) over 2 cm in height and weighing (33) Other static converters, rectifiers shades, not more than 64 cm in 0.02 kg or more but not over 1 kg and rectifying apparatus, with ABS height, each weighing not more (described in statistical reporting plastic damage resistant box, input than 3 kg (described in statistical number 8470.10.0040) and output voltage cables, weighing reporting number 9405.20.8010) (28) Electronic calculators, handheld, not more than 0.35 kg, measuring (44) Non-electrical wall candelabras, of solar-powered or battery powered, not more than 17 cm in length and wood, each with 3 wrought iron with scientific, trigonometric or 12 cm in width (described in candle holders (described in other advanced mathematical statistical reporting number statistical reporting number functions, each measuring 11 cm or 8504.40.9550) 9405.50.4000)’’ more but not over 18 cm in length, (34) Light-emitting diode (LED) 3. by amending the last sentence of 6.5 cm or more but not over 9 cm headlights, light bars and cube the first paragraph of U.S. note 20(e) to in width and 1 cm or more but not lights, of a kind designed to be subchapter III of chapter 99: over 3 cm in height and weighing mounted on off-road, all-terrain a. By deleting the word ‘‘or’’ where it 0.04 kg or more but not over 0.25 vehicles (described in statistical appears after the phrase ‘‘U.S. note kg (described in statistical reporting reporting number 8512.20.2040) 20(mm) to subchapter III of chapter number 8470.10.0040) (35) Brake drums of grey cast iron for 99;’’; and (29) Electronic calculating machines, the motor vehicles of headings 8701 b. by inserting the phrase ‘‘; or (6) each incorporating a 2 color ink to 8705 (other than tractors for heading 9903.88.36 and U.S. note 20(oo) roller printing device, that operates agricultural purposes), with an to subchapter III of chapter 99’’ after the with an external source of power, inside diameter of 38 cm or more phrase ‘‘U.S. note 20(nn) to subchapter with a vacuum fluorescent display but not over 42 cm (described in III of chapter 99’’. (VFD), measuring 24 cm or more statistical reporting number 4. by amending U.S. note 20(f) to but not over 27 cm in length, 18 cm 8708.30.5020) subchapter III of chapter 99; or more but not over 21 cm in width (36) Brake discs of grey cast iron for the a. by deleting the word ‘‘or’’ where it and 5 cm or more but not over 7 cm motor vehicles of headings 8701 to appears after the phrase ‘‘U.S. note in height and weighing 0.5 kg or 8705 (other than tractors for 20(mm) to subchapter III of chapter more but not over 1.5 kg each agricultural purposes), with an 99;’’; and (described in statistical reporting outside diameter of 32 cm or more b. by inserting the phrase ‘‘; or (6) number 8470.21.0000) but not over 44 cm (described in heading 9903.88.36 and U.S. note 20(oo) (30) Electronic calculating machines, statistical reporting number to subchapter III of chapter 99’’ after the each incorporating a parallel ribbon 8708.30.5030) phrase ‘‘U.S. note 20(nn) to subchapter ink printing device, that operates (37) Wheel hubs of cast iron, for off-road III of chapter 99’’. with an external source of power, vehicles of headings 8701 to 8705, 5. by amending the Article with a vacuum fluorescent display each weighing 2 kg or more but not Description of heading 9903.88.03:

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a. By deleting ‘‘9903.88.34 or’’ and stakeholders have submitted requests classified within an 8-digit HTSUS inserting ‘‘9903.88.34,’’ in lieu thereof; for the exclusion of specific products. In subheading covered by the $34 billion and December 2018, and March, April, May, action from the additional duties. The b. by inserting ‘‘or 9903.88.36,’’ after June, July, September, and October U.S. Trade Representative issued a ‘‘9903.88.35,’’. 2019, the U.S. Trade Representative notice setting out the process for the 6. By amending the Article granted exclusion requests. This notice product exclusions, and opened a Description of heading 9903.88.04: announces the U.S. Trade public docket. See 83 FR 32181 (the July a. By deleting ‘‘9903.88.33 or’’ and Representative’s determination to grant 11 notice). inserting ‘‘9903.88.33,’’ in lieu thereof; an additional exclusion request, as Under the notice, requests for and specified in the Annex to this notice, exclusion had to identify the product b. By inserting ‘‘or 9903.88.36,’’ after and makes amendments to certain notes subject to the request in terms of the ‘‘9903.88.34,’’. in the Harmonized Tariff Schedule of physical characteristics that distinguish B. Effective with respect to goods the United States (HTSUS). The U.S. it from other products within the entered for consumption, or withdrawn Trade Representative will continue to relevant 8-digit subheading covered by from warehouse for consumption, on or issue decisions as necessary. the $34 billion action. Requestors also after 12:01 a.m. eastern daylight time on DATES: The product exclusion will had to provide the 10-digit subheading September 24, 2018: apply as of the , 2018 effective of the HTSUS most applicable to the 1. U.S. note 20(ll)(53) to subchapter III date of the $34 billion action, and will particular product requested for of chapter 99 of the Harmonized Tariff extend to , 2020 at 11:59 p.m. exclusion, and could submit Schedule of the United States (HTSUS) EDT. The amendments announced in information on the ability of U.S. is modified by deleting ‘‘21’’ and this notice are retroactive to the date the Customs and Border Protection to inserting ‘‘55’’ in lieu thereof. original exclusions were published and administer the requested exclusion. 2. The second sentence of U.S. note do not extend the period for the original Requestors were asked to provide the 20(ll) to subchapter III of chapter 99 is exclusions. U.S. Customs and Border quantity and value of the Chinese-origin product that the requestor purchased in amended by inserting ‘‘or in heading Protection will issue instructions on the last three years. With regard to the 9903.88.04’’ after ‘‘provided for in entry guidance and implementation. heading 9903.88.03’’. rationale for the requested exclusion, FOR FURTHER INFORMATION CONTACT: For 3. The second sentence of U.S. note requests had to address the following general questions about this notice, 20(mm) to subchapter III of chapter 99 factors: contact Assistant General Counsel • is amended by inserting ‘‘or in heading Whether the particular product is Philip Butler or Director of Industrial 9903.88.04’’ after ‘‘provided for in available only from China and Goods Justin Hoffmann at (202) 395– heading 9903.88.03’’. specifically whether the particular 5725. For specific questions on customs 4. The second sentence of U.S. note product and/or a comparable product is classification or implementation of the 20(nn) to subchapter III of chapter 99 is available from sources in the United product exclusions identified in the amended by inserting ‘‘or in heading States and/or third countries. Annex to this notice, contact • 9903.88.04’’ after ‘‘provided for in Whether the imposition of [email protected]. heading 9903.88.03’’. additional duties on the particular SUPPLEMENTARY INFORMATION: product would cause severe economic [FR Doc. 2019–27075 Filed 12–16–19; 8:45 am] harm to the requestor or other U.S. A. Background BILLING CODE 3290–F0–P interests. For background on the proceedings in • Whether the particular product is this investigation, please see the prior strategically important or related to OFFICE OF THE UNITED STATES notices issued in the investigation, ‘‘Made in China 2025’’ or other Chinese TRADE REPRESENTATIVE including 82 FR 40213 (August 23, industrial programs. Notice of Product Exclusion and 2017), 83 FR 14906 (, 2018), 83 The July 11 notice stated that the U.S. Amendments: China’s Acts, Policies, FR 28710 (June 20, 2018), 83 FR 33608 Trade Representative would take into and Practices Related to Technology (July 17, 2018), 83 FR 38760 (August 7, account whether an exclusion would Transfer, Intellectual Property, and 2018), 83 FR 40823 (, 2018), undermine the objective of the Section Innovation 83 FR 47974 (September 21, 2018), 83 301 investigation. FR 65198 (December 19, 2018), 83 FR The July 11 notice required AGENCY: Office of the United States 67463 (, 2018), 84 FR 7966 submission of requests for exclusion Trade Representative. (, 2019), 84 FR 11152 (March from the $34 billion action no later than ACTION: Notice of product exclusion and 25, 2019), 84 FR 16310 (, 2019), , 2018, and noted that the U.S. amendments. 84 FR 21389 (, 2019), 84 FR Trade Representative periodically 25895 (, 2019), 84 FR 32821 (July would announce decisions. In December SUMMARY: Effective July 6, 2018, the U.S. 9, 2019), 84 FR 49564 (September 20, 2018, the U.S. Trade Representative Trade Representative imposed 2019), and 84 FR 52567 (, granted an initial set of exclusion additional duties on goods of China 2019). requests. See 83 FR 67463. The U.S. with an annual trade value of Effective July 6, 2018, the U.S. Trade Trade Representative granted additional approximately $34 billion as part of the Representative imposed additional 25 exclusions in March, April, May, June, action in the Section 301 investigation percent duties on goods of China July, September, and October 2019. See of China’s acts, policies, and practices classified in 818 8-digit subheadings of 84 FR 11152, 84 FR 16310, 84 FR 21389, related to technology transfer, the HTSUS, with an approximate 84 FR 25895, 84 FR 32821, 84 FR 49564 intellectual property, and innovation. annual trade value of $34 billion. See 83 and 84 FR 52567. The U.S. Trade Representative’s FR 28710. The U.S. Trade determination included a decision to Representative’s determination included B. Determination To Grant Certain establish a product exclusion process. a decision to establish a process by Exclusions The U.S. Trade Representative initiated which U.S. stakeholders can request Based on the evaluation of the factors the exclusion process in July 2018, and exclusion of particular products set out in the July 11 notice, which are

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