Exclusions Granted December 17, 2019

69012 Federal Register / Vol. 84, No. 242 / Tuesday, December 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 (September 20, 2019). in lieu thereof. September 18 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 United States 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 (September 20, 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 August 23, 2018: 8711.60.0090, effective July 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 July 1, • 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. December 18, 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 October 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 VerDate Sep<11>2014 18:15 Dec 16, 2019 Jkt 250001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices 69013 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 June 24 notice). set out in the June 24 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 September 24, 2018, effective date Customs and Border Protection to exclusion requests.

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