Notice2022-06397
Notice of Reinstatement of Certain Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
Primary source
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Published
March 28, 2022
Issuing agencies
Trade Representative, Office of United States
Abstract
In prior Federal Register 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 certain products from additional duties. The U.S. Trade Representative subsequently extended 549 of these exclusions. Following public notice and comment, the U.S. Trade Representative has determined to reinstate certain previously extended exclusions through December 31, 2022, as specified in the Annex to this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17380-17405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06397]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Reinstatement of Certain Exclusions: 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 Federal Register 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 certain products
from additional duties. The U.S. Trade Representative subsequently
extended 549 of these exclusions. Following public notice and comment,
the U.S. Trade Representative has determined to reinstate certain
previously extended exclusions through December 31, 2022, as specified
in the Annex to this notice.
DATES: The reinstated product exclusions announced in this notice will
apply as of October 12, 2021, and extend through December 31, 2022.
U.S. Customs and Border Protection will issue instructions on entry
guidance and implementation.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Associate General Counsel Philip Butler or Assistant
General Counsel Rachel Hasandras at (202) 395-5725. For specific
questions on customs classification or implementation of the product
exclusion identified in the Annex to this notice, contact
<a href="/cdn-cgi/l/email-protection#7e0a0c1f1a1b0c1b131b1a073e1d1c0e501a160d50191108"><span class="__cf_email__" data-cfemail="cfbbbdaeabaabdaaa2aaabb68facadbfe1aba7bce1a8a0b9">[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). Each tranche is commonly
known as a `List', e.g., List 1, List 2, etc. The fourth tranche is
contained in Lists 4A and 4B. No tariffs on List 4B currently are in
effect.
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 first tranche
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of exclusions expired in December 2019 and the final tranche of
exclusions expired in October 2020. Starting in November 2019, the U.S.
Trade Representative established processes for submitting public
comments on whether to extend particular exclusions. See, e.g., 85 FR
6687 (February 5, 2019) and 85 FR 38482 (June 26, 2020). Pursuant to
these processes, the U.S. Trade Representative determined to extend 137
exclusions covered under List 1, 59 exclusions on List 2, 266
exclusions on List 3, and 87 exclusions on List 4. With the exception
of exclusions related to the COVID-19 pandemic, all of these 549
exclusions have expired. In particular, the exclusions for most of
these products expired by December 31, 2020, and the remaining
exclusions expired in 2021. See 85 FR 15849 and 85 FR 20332. USTR has
separately addressed the extension of COVID-19 exclusions. See 86 FR
48280 (August 27, 2021), 86 FR 54011 (September 29, 2021), and 86 FR
63438 (November 16 2021).
On October 8, 2021, the U.S. Trade Representative invited the
public to comment on whether to reinstate particular exclusions
previously granted and extended under the four tranches (the October 8
notice). The October 8 notice set out the following factors to be
considered in decisions on possible reinstatement, and invited public
comment:
<bullet> Whether the particular product and/or a comparable product
is available from sources in the United States and/or in third
countries.
<bullet> Any changes in the global supply chain since September
2018 with respect to the particular product or any other relevant
industry developments.
<bullet> The efforts, if any, the importers or U.S. purchasers have
undertaken since September 2018 to source the product from the United
States or third countries.
<bullet> Domestic capacity for producing the product in the United
States.
In addition, USTR considered whether or not reinstating the
exclusion would impact or result in severe economic harm to the
commenter or other U.S. interests, including the impact on small
businesses, employment, manufacturing output, and critical supply
chains in the United States, as well as the overall impact of the
exclusions on the goal of obtaining the elimination of China's acts,
policies, and practices covered in the Section 301 investigation.
B. Determination To Reinstate Certain Exclusions
Based on evaluation of the factors set out in in the October 8
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 reinstate certain exclusions described in the October 8
notice through December 31, 2022, as set out in the Annex to this
notice. The U.S. Trade Representative's determination considers public
comments submitted in response to the October 8 notice, and the advice
of advisory committees, the interagency Section 301 Committee, and the
White House COVID-19 Response Team.
The reinstated exclusions are available for any product that meets
the description in the product exclusion. In particular, the scope of
each exclusion is governed by the scope of the ten-digit Harmonized
Tariff Schedule of the United States (HTSUS) subheadings and product
descriptions in the Annex to this notice.
As stated in the October 8 notice, the reinstated exclusions are
retroactive to October 12, 2021. In particular, the reinstated
exclusions will apply to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m. eastern daylight
time on October 12, 2021, that are not liquidated or to entries that
are liquidated, but within the period for protest described in section
514 of the Tariff Act of 1930, as amended. The U.S. Trade
Representative has determined to extend the reinstated exclusions
through December 31, 2022, and may consider further extensions as
appropriate.
U.S. Customs and Border Protection will issue instructions on entry
guidance and implementation.
Greta M. Peisch,
General Counsel, Office of the United States Trade Representative.
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[FR Doc. 2022-06397 Filed 3-25-22; 8:45 am]
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