Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
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Abstract
In a notice published on May 6, 2026, the Office of the United States Trade Representative (USTR) announced the first step in the second, statutory four-year review process of the two actions taken as a result of the investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The notice informed representatives of domestic industries that benefit from the actions, as modified, of the possible termination of the actions and of the opportunity for the representatives to request continuation of the actions. USTR received requests for continuation of both actions from representatives of domestic industries that benefit from the actions. Accordingly, the actions have not terminated and will remain in effect, subject to possible further modifications, including any modifications resulting from the statutory four-year review.
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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Notices]
[Page 64212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20510]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Continuation of Actions: China's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
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SUMMARY: In a notice published on May 6, 2026, the Office of the United
States Trade Representative (USTR) announced the first step in the
second, statutory four-year review process of the two actions taken as
a result of the investigation of China's acts, policies, and practices
related to technology transfer, intellectual property, and innovation.
The notice informed representatives of domestic industries that benefit
from the actions, as modified, of the possible termination of the
actions and of the opportunity for the representatives to request
continuation of the actions. USTR received requests for continuation of
both actions from representatives of domestic industries that benefit
from the actions. Accordingly, the actions have not terminated and will
remain in effect, subject to possible further modifications, including
any modifications resulting from the statutory four-year review.
DATES: The July 6, 2018 action, as modified, did not terminate on July
6, 2026, and will remain in effect, subject to possible further
modifications.
The August 23, 2018 action, as modified, did not terminate on
August 23, 2026, and will remain in effect, subject to possible
modifications.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
contact Philip Butler, Deputy Assistant U.S. Trade Representative for
Monitoring & Enforcement at (202) 395-5725.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the actions, modifications, and four-year review
process taken under Section 301 of the Trade Act of 1974, as amended
(Trade Act) (19 U.S.C. 2411), in the investigation of China's acts,
policies, and practices related to technology transfer, intellectual
property, and innovation, please see 91 FR 24636 (May 6, 2026) (May 6
notice).
As stated in the May 6 notice, under Section 307(c)(1)(B) of the
Trade Act (19 U.S.C. 2417(c)(1)(B)), the July 6, 2018 Section 301
action, as modified, and the August 23, 2018 Section 301 action, as
modified, were subject to possible termination on their respective
four-year anniversary dates (i.e., July 6, 2026, and August 23, 2026,
respectively) unless a representative of a domestic industry that
benefits from the action submitted in the sixty-day period prior to the
four-year anniversary of the action a request that the action continue.
Pursuant to Section 307(c)(2) of the Trade Act (19 U.S.C.
2417(c)(2)), USTR notified representatives of domestic industries that
may benefit from either the July 6, 2018, or August 23, 2018 actions,
as modified, of the possible termination of the actions, and of the
opportunity for these representatives to request continuation of the
actions. See May 6 notice. As provided in the May 6 notice,
representatives of domestic industries that benefit from the July 6,
2018 action, as modified, were afforded the opportunity to submit
between May 7, 2026, and July 5, 2026, a request to continue the
action, and representatives of domestic industries that benefit from
the August 23, 2018 action, as modified, were afforded the opportunity
to submit such requests between June 24, 2026, and August 22, 2026.
B. Continuation of Actions
USTR received numerous requests to continue the July 6, 2018 and
August 23, 2018 actions, as modified, from a range of domestic
industries. For the July 6, 2018 action, USTR received 68 requests from
domestic producers and 18 requests from trade associations. For the
August 23, 2018 action, USTR received 57 requests from domestic
producers and 19 requests from trade associations. Representatives of
domestic industries reported that China's unfair policies and practices
have persisted and that domestic industries continue to benefit from
the trade actions in a number of ways. For example, they reported that
the actions continue to provide an incentive for the Chinese government
to stop the unreasonable and discriminatory policies and practices that
are the basis for the tariff actions. Furthermore, the actions have
helped to address some of the unfair competition resulting from China's
technology transfer policies and practices and encourage better
policies and practices. Additionally, representatives stated that the
actions have allowed them to compete against Chinese imports and have
encouraged domestic investment in new technologies, the expansion of
domestic production, and the reshoring of vital industries.
Based on the written requests for continuation of each action
received in the sixty-day period prior to the four-year anniversary of
the action from representatives of a domestic industry that benefit
from each action, and in accordance with Section 307(c)(1)(B) of the
Trade Act (19 U.S.C. 2417(c)(1)(B)), the July 6, 2018 action, as
modified, and the August 23, 2018 action, as modified, did not
terminate on their four-year anniversary dates, July 6, 2026, and
August 23, 2026, and accordingly will remain in effect.
C. Further Steps in Statutory Four-Year Review
In light of the continuation of the actions, and in accordance with
Section 307(c)(3) of the Trade Act (19 U.S.C. 2417(c)(3)), the U.S.
Trade Representative will conduct a review of the July 6, 2018 and
August 23, 2018 actions, as modified. USTR will publish a separate
notice or notices describing the review process. The process will
include inviting interested persons to submit comments on the
effectiveness of the actions in achieving the objectives of the
investigation, other actions that could be taken, and the effects of
such actions on the United States economy, including consumers. See 19
U.S.C. 2417(c)(3)).
Jennifer Thornton,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2026-20510 Filed 10-6-26; 8:45 am]
BILLING CODE 3390-F2-P
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