Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
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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. Exclusions for medical care products to address COVID-19 were published on December 29, 2020, and subsequently extended. In November 2021, the U.S. Trade Representative determined to extend 81 of the COVID-19 related product exclusions for an additional 6 months. These exclusions are scheduled to expire on May 31, 2022. This notice announces the U.S. Trade Representative's determination to further extend the 81 COVID exclusions for an additional 6 months.
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11884]
[[Page 33871]]
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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. Exclusions for
medical care products to address COVID-19 were published on December
29, 2020, and subsequently extended. In November 2021, the U.S. Trade
Representative determined to extend 81 of the COVID-19 related product
exclusions for an additional 6 months. These exclusions are scheduled
to expire on May 31, 2022. This notice announces the U.S. Trade
Representative's determination to further extend the 81 COVID
exclusions for an additional 6 months.
DATES: The extensions announced in this notice will extend the product
exclusions through November 30, 2022.
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
exclusions, contact <a href="/cdn-cgi/l/email-protection#5e2a2c3f3a3b2c3b333b3a271e3d3c2e703a362d70393128"><span class="__cf_email__" data-cfemail="afdbddcecbcaddcac2cacbd6efcccddf81cbc7dc81c8c0d9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
On December 29, 2020 (85 FR 85831), 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.
On March 10, 2021 (86 FR 13785), USTR extended These 99 exclusions
until September 30, 2021. On August 27, 2021 (86 FR 48280), USTR
published a notice requesting public comments on whether any of these
exclusions should be further extended for up to six months. To provide
time for USTR to review the comments it received in response to the
August 27 notice, USTR announced interim extensions of these 99
exclusions through November 14, 2021 (86 FR 54011), and then through
November 30, 2021.
On November 16, 2021 (86 FR 63438), USTR announced the extension of
81 of the COVID exclusions for an additional 6 months (until May 31,
2022) and that USTR might consider further extensions and/or
modifications as appropriate.
B. Determination To Extend COVID Exclusions
In light of the continuing efforts to combat COVID-19, the U.S.
Trade Representative has determined that a 6-month extension of the 81
COVID-19-related product exclusions is warranted. The U.S. Trade
Representative's decision to extend the 81 product exclusions takes
into account public comments previously provided, and the advice of
advisory committees and the interagency Section 301 Committee.
As provided in the November 16 notice, the exclusion extensions are
available for any product that meets the description in the product
exclusion. Further, the scope of each extended product exclusion is
governed by the scope of the ten-digit Harmonized Tariff Schedule of
the United States (HTSUS) statistical reporting numbers and product
descriptions in note 20(sss) to subchapter III of chapter 99 of the
HTSUS. 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.
Annex
The U.S. Trade Representative has determined to extend all
exclusions previously extended under heading 9903.88.66 and U.S. notes
20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter
III of chapter 99 of the Harmonized Tariff Schedule of the United
States (HTSUS). See 86 FR 63438 (November 16, 2021). The extension is
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 June 1, 2022, and before 11:59 p.m. eastern daylight time on
November 30, 2022. Effective on June 1, 2022, the article description
of heading 9903.88.66 of the HTSUS is modified by deleting ``June 1,
2022,'' and by inserting ``December 1, 2022,'' in lieu thereof.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-11884 Filed 6-2-22; 8:45 am]
BILLING CODE 3290-F2-P
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