1 [Billing Code 3290-F9] OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation AGENCY: Office of the United States Trade Representative. ACTION: Notice of product exclusions and technical amendments. SUMMARY: In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative’s determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019. DATES: The product exclusions announced in this notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical amendments in Annex B to the $200 billion and $300 billion actions are effective as of the respective effective date of those actions. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.
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[Billing Code 3290-F9]
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical
Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of product exclusions and technical amendments.
SUMMARY: In September of 2018, the U.S. Trade Representative imposed additional
duties on goods of China with an annual trade value of approximately $200 billion as part
of the action in the Section 301 investigation of China’s acts, policies, and practices
related to technology transfer, intellectual property, and innovation. The U.S. Trade
Representative initiated a product exclusion process in June 2019, and interested persons
have submitted requests for the exclusion of specific products. This notice amends the
exclusion process by establishing August 7, 2020 as a uniform expiration date for all
exclusions granted under the $200 billion action. This notice also announces the U.S.
Trade Representative’s determination to grant certain exclusion requests, as specified in
Annex A. As specified in Annex B, this notice also makes technical amendments to the
$200 billion action and to the $300 billion action announced in August 2019.
DATES: The product exclusions announced in this notice will apply as of the September
24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical
amendments in Annex B to the $200 billion and $300 billion actions are effective as of
the respective effective date of those actions. U.S. Customs and Border Protection will
issue instructions on entry guidance and implementation.
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FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Assistant General Counsels Philip Butler or Megan Grimball, or Director
of Industrial Goods Justin Hoffmann at (202) 395-5725. For specific questions on
customs classification or implementation of the product exclusions identified in the
Based on the evaluation of the factors set out in the June 24 notice, which are
summarized above, pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of
1974, as amended, and in accordance with the advice of the interagency Section 301
Committee, the U.S. Trade Representative has determined to grant the product exclusions
set out in Annex A. The U.S. Trade Representative’s determination also takes into
account advice from advisory committees and any public comments on the pertinent
exclusion requests.
As set out in Annex A, the exclusions are reflected in 38 specially prepared
product descriptions, which cover 46 separate exclusion requests.
In accordance with the June 24 notice, the exclusions are available for any
product that meets the description in Annex A, regardless of whether the importer filed
an exclusion request. Further, the scope of each exclusion is governed by the scope of the
product descriptions in Annex A, and not by the product descriptions set out in any
particular request for exclusion.
Paragraph A, subparagraphs (3)–(5) are conforming amendments to the HTSUS
reflecting the modification made by Annex A.
As stated in Section B above, the exclusions will apply from September 24, 2018,
to August 7, 2020. U.S. Customs and Border Protection will issue instructions on entry
guidance and implementation.
The U.S. Trade Representative will continue to issue determinations on pending
requests on a periodic basis.
D. Technical Amendments to $200 Billion and $300 Billion Actions
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Annex B make technical amendments to the $200 billion and $300 billion trade
actions. These amendments provide that the additional duties do not apply to entries
under certain subheadings if the applied rate of duty for an entry is derived from another
subheading, and if the entry for this reason already is subject to the additional duties.
Joseph Barloon
General Counsel
Office of the U.S. Trade Representative.
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ANNEX A
A. Effective with respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern daylight time on
September 24, 2018, and before 11:59 p.m. eastern daylight time on August 7,
2020, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the
United States (HTSUS) is modified:
1. by inserting the following new heading 9903.88.18 in numerical sequence, with
the material in the new heading inserted in the columns of the HTSUS labeled
“Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”,
respectively:
Heading/ Subheading
Article Description
Rates of Duty
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General Special
“9903.88.18 Articles the product of China, as provided for in U.S. note 20(w) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative . . . . . . . . . . . . . . . . . . . . .
The duty provided in the applicable subheading”
2. by inserting the following new U.S. note 20(w) to subchapter III of chapter 99 in
numerical sequence:
“(w) The U.S. Trade Representative determined to establish a process by which
particular products classified in heading 9903.88.03 and provided for in U.S. notes
20(e) and (f) to this subchapter could be excluded from the additional duties imposed
by heading 9903.88.03. See 83 Fed. Reg. 47974 (September 21, 2018) and 84 Fed.
Reg. 29576 (June 24, 2019). Pursuant to the product exclusion process, the U.S.
Trade Representative has determined that the additional duties provided for in
heading 9903.88.03 shall not apply to the following particular products, which are
provided for in the enumerated statistical reporting numbers:
(1) Chabazite zeolites having a silica-alumina ratio of 20:1 to 24:1, valued at $31
to $39 per kg (described in statistical reporting number 3824.99.3900)
(2) Cups of polypropylene, with a fluted wood paper filter fitted and affixed to the
inside, measuring 44.1 mm in height, of a kind used to produce capsules for
single-cup coffee brewing systems (described in statistical reporting number
3923.90.0080)
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(3) Anti-electrostatic discharge mats, comprising a conductive rubber mat
measuring 40 cm or more but not exceeding 60 cm in width, 80 or more but
not exceeding 125 cm in length, and 2 mm in thickness, with integrated
discharge points for a grounding wire clip or an anti-static wrist strap, such
mats printed on the surface with measuring rules and technical reference data
(described in statistical reporting number 4016.91.0000)