Notice2021-24918
Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
Primary source
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Published
November 16, 2021
Issuing agencies
Trade Representative, Office of United States
Abstract
In prior notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain medical-care products needed to address the COVID-19 pandemic. The 99 exclusions for medical care products to address COVID-19 were published on December 29, 2020, and are scheduled to expire on November 14, 2021. On August 27, 2021, USTR requested comments on whether to extend the COVID exclusions. This notice announces the U.S. Trade Representative's determination to provide a 16-day transition period for all COVID exclusions (through November 30, 2021), and to extend 81 of the COVID exclusions for an additional 6 months.
Full Text
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[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63438-63447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24918]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Product Exclusion Extensions: China's Acts, Policies,
and Practices Related to Technology Transfer, Intellectual Property,
and Innovation
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice.
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SUMMARY: In prior notices, the U.S. Trade Representative modified the
action in the Section 301 investigation of China's acts, policies, and
practices related to technology transfer, intellectual property, and
innovation by excluding from additional duties certain medical-care
products needed to address the COVID-19 pandemic. The 99 exclusions for
medical care products to address COVID-19 were published on December
29, 2020, and are scheduled to expire on November 14, 2021. On August
27, 2021, USTR requested comments on whether to extend the COVID
exclusions. This notice announces the U.S. Trade Representative's
determination to provide a 16-day transition period for all COVID
exclusions (through November 30, 2021), and to extend 81 of the COVID
exclusions for an additional 6 months.
DATES: To provide a transition period, this notice extends the 99
exclusions scheduled to expire on November 14, 2021, through November
30, 2021. Those exclusions receiving further extensions will expire six
months after November 30, 20201, on May 31, 2022. 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 Associate General Counsel Philip Butler or Assistant
General Counsel Rachel Komito at (202) 395-5725. For specific questions
on customs classification or implementation of the product exclusions,
contact <a href="/cdn-cgi/l/email-protection#7a0e081b1e1f081f171f1e033a19180a541e1209541d150c"><span class="__cf_email__" data-cfemail="d6a2a4b7b2b3a4b3bbb3b2af96b5b4a6f8b2bea5f8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
In the course of this investigation the U.S. Trade Representative
imposed additional duties on products of China in four tranches. See 83
FR 28719 (June 20, 2018); 83 FR 40823 (August 16, 2018); 83 FR 47974
(September 21, 2018), as modified by 83 FR 49153 (September 28, 2018);
and 84 FR 43304 (August 20, 2019), as modified by 84 FR 69447 (December
18, 2019) and 85 FR 3741 (January 22, 2020).
For each tranche, the U.S. Trade Representative established a
process by which U.S. stakeholders could request the exclusion of
particular products subject to the action. The U.S. Trade
Representative later established a process by which U.S. stakeholders
could request the extension of particular exclusions. Additionally, on
March 25, 2020, the U.S. Trade Representative requested public comments
on possible further modifications to remove Section 301 duties from
medical-care products to address the COVID-19 pandemic. 85 FR 16987.
On December 29, 2020, USTR announced the extension of 80 product
exclusions on medical-care and/or COVID response products; further
modifications in the form of 19 product exclusions to remove Section
301 duties from additional medical-care and/or COVID response products;
and that USTR might consider further extensions and/or modifications as
appropriate. See 85 FR 85831 (the December 29 notice). On March 10,
2021, USTR announced the extension of these 99 exclusions until
September 30, 2021, and that USTR might consider further extensions
and/or modifications as appropriate. 86 FR 13785. On August 27, 2021,
USTR published a notice requesting public comments on whether any of
these exclusions should be further extended for up to six months. 86 FR
48280 (the August 27 notice). The August 27 notice stated that USTR
would evaluate each exclusion on a case-by-case basis and the
evaluation would examine whether the exclusion remains appropriate in
light of recent developments including the spread of the Delta variant
in the United States and increased domestic production of certain
products, and taking account of the overall impact of these exclusions
on the goal of obtaining the elimination of China's acts, policies, and
practices covered in this Section 301 investigation.
On September 29, 2021, USTR announced the interim extension of
these 99 exclusions through November 14, 2021, in order to provide time
to review public comments submitted in response to the August 27
notice. 86 FR 54011.
B. Determination To Extend Certain Exclusions
Based on evaluation of the factors set out in in the August 27
notice, and pursuant to sections 301(b), 301(c), and 307(a) of the
Trade Act of 1974, as amended, the U.S. Trade Representative has
determined to extend certain product exclusions described in the
December 29 notice for six months past the expiry of the remaining
exclusions (until May 31, 2022), as set out in the annexes to this
notice. The U.S. Trade Representative's determination considers public
comments submitted in response to the August 27 notice, and the advice
of advisory committees, the interagency Section 301 Committee, and the
White House COVID-19 Response Team.
To provide a transition period for the expiring exclusions, the
U.S. Trade Representative has determined to extend all 99 product
exclusions described in the December 29 notice through November 30,
2021.
The exclusion extensions are available for any product that meets
the description in the product exclusion. Further, the scope of each
exclusion and modification is governed by the scope of the ten-digit
Harmonized Tariff Schedule of the United States (HTSUS) subheadings and
product descriptions in the annexes to this notice. U.S. Customs and
Border Protection will issue instructions on entry guidance and
implementation.
The U.S. Trade Representative may continue to consider further
extensions and/or additional modifications as appropriate.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
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[FR Doc. 2021-24918 Filed 11-15-21; 8:45 am]
BILLING CODE 3290-F2-C
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