Notice2022-22354
Notice of Conforming Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
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Published
October 14, 2022
Issuing agencies
Trade Representative, Office of United States
Abstract
The U.S. International Trade Commission (USITC) has implemented certain changes to the Harmonized Tariff Schedule of the United States (HTSUS) to reflect Harmonized System modifications adopted by the World Customs Organization and changes to statistical categories. This notice announces conforming amendments to legal note provisions in the HTSUS associated with the actions in the section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
Full Text
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<title>Federal Register, Volume 87 Issue 198 (Friday, October 14, 2022)</title>
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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62485-62486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22354]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Conforming Amendments: 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: The U.S. International Trade Commission (USITC) has
implemented certain changes to the Harmonized Tariff Schedule of the
United States (HTSUS) to reflect Harmonized System modifications
adopted by the World Customs Organization and changes to statistical
categories. This notice announces conforming amendments to legal note
provisions in the HTSUS associated with the actions in the section 301
investigation of China's Acts, Policies, and Practices Related to
Technology Transfer, Intellectual Property, and Innovation.
DATES: The conforming amendments announced in Annex I to this notice
are applicable as of October 14, 2022. The conforming amendments
announced in Annex II to this notice apply as of July 1, 2022.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Associate General Counsel Philip Butler, Assistant
General Counsel Rachel Hasandras, or Assistant General Counsel David
Salkeld at (202) 395-5725. For specific questions on customs
classification or implementation of the product exclusions identified
in the Annex to this notice, contact <a href="/cdn-cgi/l/email-protection#70040211141502151d151409301312005e1418035e171f06"><span class="__cf_email__" data-cfemail="16626477727364737b73726f5675746638727e6538717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Trade Representative has taken actions under section 301
of the Trade Act of 1974, as amended, in the form of additional duties
on products of China in the investigation of China's Acts, Policies,
and Practices Related to Technology Transfer, Intellectual Property,
and Innovation. The China 301 actions are set out in notes to the
HTSUS. See, e.g., 87 FR 26797 (section A--summarizing the trade actions
and modifications).
In Presidential Proclamation 10326 of December 23, 2021, the
President directed the USITC to implement certain changes in tariff
subheadings of the HTSUS, consistent with Harmonized System amendments
adopted by the World Customs Organization. The changes were effective
January 27, 2022. Additionally, the USITC implemented changes to
certain ten-digit statistical categories approved by the Committee for
Statistical Annotation of Tariff Schedules (formulated pursuant to
section 484(f) of the Tariff Act of 1930, as amended (19 U.S.C.
1484(f)), effective July 1, 2022.
B. Conforming Amendments
To maintain the pre-existing product coverage of the China 301
actions, conforming amendments to the corresponding note provisions in
the HTSUS are required.
Annex I to this notice makes conforming amendments to a U.S. note
in ch. 99 of the HTSUS in light of the changes in tariff subheadings
made by the USITC in accordance with Presidential Proclamation 10326.
In particular, this notice makes conforming amendments to U.S. note 20
[[Page 62486]]
subdivisions (b), (f), and (s)(i) to subchapter III of chapter 99 of
the HTSUS, as set out in the Annexes to the notices published at 85 FR
85831 (December 29, 2020), 86 FR 13785 (March 10, 2021), and 86 FR
63438 (November 16, 2021) in the above-titled investigation under
section 301. The conforming amendments are applicable as of October 14,
2022.
Annex II to this notice makes conforming amendments to accommodate
recent changes to the HTSUS made pursuant to 19 U.S.C. 1484(f). In
particular, the conforming amendments affect U.S. note 20 subdivisions
(sss)(iii)(6) and (8); and U.S. note 20 subdivisions (ttt)(iii)(9),
(11), (179), and (180), as set out in the Annexes to the notices
published at 86 FR 63438 (November 16, 2021), 87 FR 33871 (June 3,
2022), and 87 FR 17380 (March 28, 2022). Like all exclusions under the
Section 301 investigation, these conforming amendments apply to entries
of goods that are not liquidated or to entries that are liquidated, but
not final.
C. Confirmation of CBP Instructions
Cargo Systems Messaging Service (CSMS) No. 51166038 (sent Feb. 28,
2022) (<a href="https://content.govdelivery.com/accounts/USDHSCBP/bulletins/30cbb56">https://content.govdelivery.com/accounts/USDHSCBP/bulletins/30cbb56</a>), addressed duty treatment for HTSUS subheading 2202.99.91 as
provided for under HTSUS 9903.88.03, effective January 27, 2022, in
light of changes to the HTSUS made by the USITC in accordance with
Presidential Proclamation 10326. This notice confirms the U.S. Customs
and Border Protection instructions as maintaining the pre-existing
product coverage of the 301 actions.
Annex I
1. 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 October 14, 2022, note 20(b) to subchapter
III of chapter 99 of the Harmonized Tariff Schedule of the United
States (HTSUS) is amended by deleting ``8541.40.95''.
2. Effective on October 14, 2022, note 20(f) to subchapter III
of chapter 99 of the HTSUS is amended:
a. by inserting ``2202.99.91'' in numerical sequence; and
b. by deleting the following subheading numbers:
``3402.11.40
5703.20.10
7019.39.50
7019.59.30
7019.59.40
7019.59.70
7019.59.90
7419.99.50
9013.90.50''.
3. Effective on October 14, 2022, note 20(s)(i) to subchapter
III of chapter 99 of the HTSUS is amended:
a. by inserting ``1704.90.78'' in numerical sequence; and
b. by deleting ``6201.11.00''.
Annex II
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 July 1, 2022:
1. Note 20(sss)(iii)(6) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``5603.12.0090'' and by inserting
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095
effective July 1, 2022'' in lieu thereof.
2. Note 20(sss)(iii)(8) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``5603.92.0090'' and by inserting
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095
effective July 1, 2022'' in lieu thereof.
3. Note 20(ttt)(iii)(9) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``5603.12.0090'' and by inserting
``5603.12.0090 prior to July 1, 2022; 5603.12.0070 or 5603.12.0095
effective July 1, 2022'' in lieu thereof.
4. Note 20(ttt)(iii)(11) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``5603.92.0090'' and by inserting
``5603.92.0090 prior to July 1, 2022; 5603.92.0070 or 5603.92.0095
effective July 1, 2022'' in lieu thereof.
5. Note 20(ttt)(iii)(179) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``9403.20.0081'' and by inserting
``9403.20.0081 prior to July 1, 2022; described in statistical
reporting number 9403.20.0082 effective July 1, 2022'' in lieu
thereof.
6. Note 20(ttt)(iii)(180) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``9403.20.0081 effective July 1,
2019'' and by inserting ``9403.20.0081 effective July 1, 2019
through June 30, 2022; described in statistical reporting number
9403.20.0082 effective July 1, 2022'' in lieu thereof.''
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-22354 Filed 10-13-22; 8:45 am]
BILLING CODE 3390-F3-P
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