Notice2023-02835
Notice of Conforming and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
Primary source
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Published
February 10, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
This notice makes one conforming amendment and one technical amendment to the reinstated exclusions 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 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8986-8987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02835]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Conforming and Technical 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: This notice makes one conforming amendment and one technical
amendment to the reinstated exclusions in the Section 301 investigation
of China's Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation.
DATES: The conforming amendment announced in Annex I to this notice
applies as of January 1, 2023. The technical amendment announced in
Annex II to this notice is retroactive to the date of publication of
the original exclusion.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, contact Associate General Counsel Philip Butler or Assistant
General
[[Page 8987]]
Counsel Rachel Hasandras 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#99edebf8fdfcebfcf4fcfde0d9fafbe9b7fdf1eab7fef6ef"><span class="__cf_email__" data-cfemail="e89c9a898c8d9a8d858d8c91a88b8a98c68c809bc68f879e">[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
Harmonized Tariff Schedule of the United States (HTSUS). See, e.g., 87
FR 26797 (Section A--summarizing the trade actions and modifications).
The U.S. Trade Representative modified these actions by issuing product
specific exclusions. Certain exclusions were extended in 2019 and 2020,
but most exclusions expired at the end of 2020. In March 2022, USTR
reinstated certain previously extended exclusions. These reinstated
exclusions were recently extended through September 30, 2023. See 87 FR
78187 (December 21, 2022).
B. Conforming Amendment
Effective January 1, 2023, the United States International Trade
Commission, in cooperation with the interagency Committee for
Statistical Annotation of Tariff Schedules, implemented certain changes
in ten-digit statistical reporting categories of the HTSUS and in
Schedule B under section 484(f) of the Tariff Act of 1930, 19 U.S.C.
1484(f). One of the reinstated product exclusions set out at 87 FR
17380 (March 28, 2022), is based on one of the amended statistical
reporting categories. To maintain the pre-existing product coverage of
the China 301 actions, a conforming amendment to the corresponding note
provision in the HTSUS is required.
Annex I to this notice makes a conforming amendment to U.S. note 20
subdivision (ttt)(iv)(42), as set out in the Annex to the notice
published at 87 FR 17380 (March 28, 2022) in the above-titled
investigation under Section 301.
C. Technical Amendment
Annex II to this notice makes a technical amendment to U.S. note
subdivisions 20(qq)(20), 20(iii)(50) and 20(ttt)(iii)(36) to subchapter
III of chapter 99 of the HTSUS, as set out in the Annexes of the
notices published at 85 FR 6674 (February 5, 2020), 85 FR 48600 (August
11, 2020), and 87 FR 17380 (March 28, 2022), to correct the description
of the articles covered by one of the reinstated exclusions.
Like all exclusions under this Section 301 investigation, the
amendments in this notice apply to entries of goods that are not
liquidated or to entries that are liquidated, but not final. U.S.
Customs and Border Protection will issue instructions on entry guidance
and implementation.
Annex I
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 January 1, 2023, note 20(ttt)(iv)(42) to
subchapter III of chapter 99 of the HTSUS is modified by deleting
``9404.90.1000'' and by inserting ``9404.90.1000 prior to January 1,
2023; described in statistical reporting number 9404.90.1060 or
statistical reporting number 9404.90.1090 effective January 1, 2023''
in lieu thereof.
Annex II
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 September 24, 2018, and through August 7,
2020, U.S. note 20(qq)(20) to subchapter III of chapter 99 of the HTSUS
is modified by deleting ``cuprous oxide and'' and by inserting ``copper
oxide or'' in lieu thereof.
2. 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 August 7, 2020, and through December 31, 2020,
U.S. note 20(iii)(50) to subchapter III of chapter 99 of the HTSUS is
modified by deleting ``cuprous oxide and'' and by inserting ``copper
oxide or'' in lieu thereof.
3. 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 12, 2021, and through September 30,
2023, U.S. note 20(ttt)(iii)(36) to subchapter III of chapter 99 of the
HTSUS is modified by deleting ``cuprous oxide and'' and by inserting
``copper oxide or'' in lieu thereof.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-02835 Filed 2-9-23; 8:45 am]
BILLING CODE 3390-F3-P
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