Notice2023-02570
Interim Extension and Request for Comments on COVID-Related Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
Primary source
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Published
February 7, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
In prior notices, the U.S. Trade Representative modified the actions 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 COVID, and subsequently extended certain of these exclusions. The current COVID exclusions--covering 81 medical- care products--are scheduled to expire on February 28, 2023. In light of developments in the production capacity of the United States, and continuing efforts to combat COVID, USTR is requesting public comments on whether to further extend particular exclusions. This notice also announces the U.S. Trade Representative's determination to adopt an interim, 75-day extension of the 81 COVID related product exclusions to allow for consideration of public comments.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 8027-8028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02570]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0001]
Interim Extension and Request for Comments on COVID-Related
Product 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 and request for comments.
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SUMMARY: In prior notices, the U.S. Trade Representative modified the
actions 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 COVID, and subsequently extended certain of
these exclusions. The current COVID exclusions--covering 81 medical-
care products--are scheduled to expire on February 28, 2023. In light
of developments in the production capacity of the United States, and
continuing efforts to combat COVID, USTR is requesting public comments
on whether to further extend particular exclusions. This notice also
announces the U.S. Trade Representative's determination to adopt an
interim, 75-day extension of the 81 COVID related product exclusions to
allow for consideration of public comments.
DATES:
February 6, 2023: The public docket on the web portal at <a href="http://comments.USTR.gov">http://comments.USTR.gov</a> will open for interested persons to submit comments.
March 7, 2023 at 11:59 p.m. ET: To be assured of consideration,
submit written comments on the public docket by this time.
The interim extension announced in this notice will extend the
COVID-related product exclusions through May 15, 2023.
ADDRESSES: You must submit all comments through the online portal:
<a href="https://comments.ustr.gov/">https://comments.ustr.gov/</a>.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Associate General Counsel Philip Butler or Assistant
General Counsel Edward Marcus at (202) 395-5725. For specific questions
on customs classification or implementation of the product exclusions,
contact <a href="/cdn-cgi/l/email-protection#ee9a9c8f8a8b9c8b838b8a97ae8d8c9ec08a869dc0898198"><span class="__cf_email__" data-cfemail="6e1a1c0f0a0b1c0b030b0a172e0d0c1e400a061d40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
In the course of this investigation, the U.S. Trade Representative
has 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 interested persons could request the exclusion of
particular products from the additional duties.
On March 25, 2020, USTR requested public comments on proposed
modifications to exclude from additional duties certain medical-care
products related to the U.S. response to COVID. 85 FR 16987 (March 25,
2020).
On December 29, 2020, USTR announced 99 product exclusions for
medical-care products and products related to the U.S. COVID response.
The December 29 notice further provided that the U.S. Trade
Representative might consider further extensions and/or modifications
as appropriate. See 85 FR 85831.
These 99 exclusions were later extended until September 30, 2021.
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. To provide time for USTR to
review the comments it received in response to the August 27 notice,
the 99 exclusions were subsequently extended. See 86 FR 54011
(September 29, 2021).
On November 16, 2021, USTR announced the U.S. Trade
Representative's determination to extend of 81 of the COVID exclusions
for an additional six months (until May 31, 2022). See 86 FR 63438
(November 16, 2021) (November 16, 2021 notice). The notice further
provided that the U.S. Trade Representative might consider further
extensions and/or modifications as appropriate. 86 FR 63438. These 81
exclusions were subsequently extended through February 28, 2023. See 87
FR 33871 (June 03, 2022); 87 FR 73383 (November 29, 2022).
[[Page 8028]]
B. Request for Public Comments
Subsequent to USTR's prior request for public comments regarding
the extension of the COVID exclusions in August 2021, the rates of
infection of COVID in the United States continue to fluctuate. Domestic
production of certain products covered by these exclusions also has
increased. In light of these circumstances, USTR is requesting public
comment on whether to extend particular exclusions for COVID products
for up to six months.
USTR will evaluate each exclusion on a case-by-case basis. The
evaluation will examine whether it remains appropriate to exclude
certain products from the additional Section 301 duties in light of the
changing circumstances, including the spread of variants or subvariants
and the increased domestic production and availability of certain
products, and taking account of the overall impact of these exclusions
on the goals of this Section 301 investigation.
C. Procedures To Comment on Particular COVID Exclusions
The 81 COVID exclusions can be found in annex B of the November 16,
2021 notice, as well as in 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). As noted
above, the public docket on the portal will be open from February 6,
2023 to March 7, 2023. Fields on the comment form marked with an
asterisk (*) are required fields. Fields with gray (BCI) notation are
for business confidential information, which will not be publicly
available. Fields with a green (Public) notation will be publicly
available. Additionally, interested person will be able to upload
documents to supplement their comments. Commenters will be able to
review the public version of their comments before they are posted.
Set out below is a summary of the information to be entered on the
exclusion comment form.
<bullet> Contact information, including the full legal name of the
organization making the comment, whether the commenter is a third party
(e.g., law firm, trade association, or customs broker) submitting on
behalf of an organization or industry, and the name of the third party
organization, if applicable.
<bullet> The exclusion from annex B of the November 16, 2021 notice
covered by the comment.
<bullet> Whether you support or oppose extending the exclusion
beyond May 15, 2023.
<bullet> Rationale for supporting or opposing an extension.
<bullet> The availability of products covered by the exclusion from
sources in the United States or third countries.
<bullet> Whether extending or not extending the exclusion will
impact the domestic supply of products covered by the exclusion,
including the price and availability of the products.
D. Submission Instructions
To be assured of consideration, you must submit your comment when
the public docket on the portal is open--from February 6, 2023 to March
7, 2023. Interested persons seeking to comment on two or more
exclusions must submit a separate comment for each exclusion. By
submitting a comment, the commenter certifies that the information
provided is complete and correct to the best of their knowledge.
E. Determination To Extend COVID Exclusions
To provide time for a consideration of the comments received in
response to this 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 adopt an interim extension of the 81
COVID exclusions through May 15, 2023. The U.S. Trade Representative's
determination considers public comments previously submitted, advice of
advisory committees, advice of the interagency Section 301 Committee,
and the advice of the White House COVID-19 Response Team. As provided
in the November 16, 2021 notice, the exclusions 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 HTSUS subheadings and product
descriptions in annex B of the November 16, 2021 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.
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 87 FR 73383 (November 29, 2022). 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 standard
time on March 1, 2023, and before 11:59 p.m. eastern daylight time on
May 15, 2023. Effective on March 1, 2023, the article description of
heading 9903.88.66 of the HTSUS is modified by deleting ``February 28,
2023'' and by inserting ``May 15, 2023'' in lieu thereof.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-02570 Filed 2-6-23; 8:45 am]
BILLING CODE 3390-F3-P
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