Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

Issuing agencies

Abstract

In prior notices, the U.S. Trade Representative (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 products of China. While most exclusions have expired in prior years, certain exclusions remain in force. This notice announces the Trade Representative's determination to further extend all 178 current exclusions.

Full Text

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<title>Federal Register, Volume 91 Issue 216 (Tuesday, November 10, 2026)</title>
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[Federal Register Volume 91, Number 216 (Tuesday, November 10, 2026)]
[Notices]
[Pages 72610-72611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22925]


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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 (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 products of China. While most exclusions have 
expired in prior years, certain exclusions remain in force. This notice 
announces the Trade Representative's determination to further extend 
all 178 current exclusions.

DATES: The modifications announced in the annexes to this notice 
further extend the exclusions through 11:59 p.m. eastern time on 
January 9, 2027.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Deputy Assistant U.S. Trade Representative for 
Monitoring & Enforcement Philip Butler at (202) 395-5725. For specific 
questions on customs classification or implementation of the product 
exclusions, contact <a href="/cdn-cgi/l/email-protection#14606675707166717971706d547776643a707c673a737b62"><span class="__cf_email__" data-cfemail="0f7b7d6e6b6a7d6a626a6b764f6c6d7f216b677c21686079">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background

    In the course of this investigation, the 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). Additionally, the Trade 
Representative has established certain processes by which U.S. 
stakeholders could request the temporary exclusion of particular 
products subject to the actions. With few exceptions, most of these 
exclusions expired in 2019 and 2020.
    On December 29, 2023, USTR invited the public to submit comments on 
whether to extend 352 previously reinstated exclusions and 77 COVID-
related exclusions. See 88 FR 90225 (December 29, 2023). On May 30, 
2024, USTR announced the extension of 164 of these exclusions through 
May 31, 2025. See 89 FR 46948 (May 30, 2024) (the May 30, 2024 FRN). In 
connection with the four-year review of the actions taken in this 
investigation, on September 18, 2024, USTR announced fourteen 
exclusions covering certain solar manufacturing equipment. See 89 FR 
76581 (September 18, 2024) (the September 18, 2024 FRN). The fourteen 
exclusions were effective from January 1, 2024, through May 31, 2025. 
On May 31, 2025, USTR announced the further extension of the 164 
exclusions extended in May 2024 and the fourteen exclusions granted in 
September 2024, through August 31, 2025. See 90 FR 23987 (June 5, 
2025). USTR announced a further extension for these 178 exclusions for 
90 days, through November 29, 2025. See 90 FR 42500 (September 2, 
2025).
    On September 16, 2025, USTR invited the public to submit comments 
on whether any of the 178 current exclusions warrant further extension 
beyond November 29, 2025. See 90 FR 44749 (the September 16, 2025 FRN). 
Among the factors considered, the September 16, 2025 FRN provided that 
USTR would consider whether further extending an exclusion is 
consistent with the Administration's priorities and how further 
extending an exclusion would impact U.S. interests, including the 
overall impact of the exclusion on the goal of obtaining the 
elimination of China's acts, policies, and practices covered in the 
Section 301 investigation.
    On November 1, 2025, the White House announced a historic trade and 
economic deal reached between President Trump and President Xi Jinping 
of China.\1\ Pursuant to this deal, the United States would further 
extend the 178 exclusions scheduled to expire on November 29, 2025, 
until November 10, 2026. Among other actions, China would continue its 
exclusion process and further extend existing exclusions through 
December 31, 2026, which would facilitate China's purchases of U.S. 
goods.
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    \1\ Fact Sheet, The White House, President Donald J. Trump 
Strikes Deal on Economic and Trade Relations with China (Nov. 1, 
2025), <a href="https://www.whitehouse.gov/fact-sheets/2025/11/fact-sheet-president-donald-j-trump-strikes-deal-on-economic-and-trade-relations-with-china/">https://www.whitehouse.gov/fact-sheets/2025/11/fact-sheet-president-donald-j-trump-strikes-deal-on-economic-and-trade-relations-with-china/</a>.
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    On November 26, 2025, USTR announced the extension of all 178 
current exclusions through November 9, 2026, and that USTR might 
consider further extensions or additional modifications as appropriate. 
See 90 FR 55232 (December 1, 2025).

B. Determination To Extend Exclusions

    The Section 301 statute, which is set out in Sections 301 to 308 of 
the Trade Act of 1974, as amended (19 U.S.C. 2411-2418), provides 
authority for the Trade Representative to modify the action being taken 
in an investigation. In particular, Section 307(a)(1) authorizes the 
Trade Representative to modify or terminate any action taken under 
Section 301, subject to the specific direction, if any, of the 
President, if the burden or restriction on U.S. commerce of the acts, 
policies, and practices that are the subject of the action has 
increased or decreased, or the action is being taken under Section 
301(b) and is no longer appropriate.
    In light of ongoing discussions with China, the Trade 
Representative has determined that it is appropriate to further extend 
all 178 current exclusions until January 10, 2027.
    The Trade Representative's decision to further extend the 178 
current exclusions takes into consideration the public comments 
received in response to the September 16, 2025 FRN. The Trade 
Representative's decision to extend these exclusions also takes into 
consideration public comments previously provided, the advice of the 
advisory committees, and the advice of the interagency Section 301 
Committee.
    As indicated in the May 30, 2024 FRN and the September 18, 2024 
FRN, the exclusion extensions in the annexes to this notice are 
available for any product that meets the description in the product 
exclusion. Further, the scope of each exclusion is governed by the 
scope of the ten-digit Harmonized Tariff Schedule of the United States 
(HTSUS) statistical reporting numbers and product descriptions set 
forth in U.S. notes 20(vvv)(i), 20(vvv)(ii), 20(vvv)(iii), and 
20(vvv)(iv) and 20(www) to subchapter III of chapter 99 of the HTSUS.
    U.S. Customs and Border Protection will issue instructions on entry 
guidance and implementation.
    The Trade Representative may continue to consider further 
extensions or additional modifications as appropriate.

[[Page 72611]]

Annex A

    The Trade Representative has determined to extend all exclusions 
under heading 9903.88.69 and U.S. notes 20(vvv)(i), 20(vvv)(ii), 
20(vvv)(iii), and 20(vvv)(iv) to subchapter III of chapter 99 of the 
HTSUS. See 89 FR 46948 (May 30, 2024), 90 FR 23987 (June 5, 2025), 90 
FR 42500 (September 2, 2025), and 90 FR 55232 (December 1, 2025). 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 time on November 10, 2026, and before 11:59 p.m. eastern time 
on January 9, 2027. Effective on November 10, 2026, the article 
description of heading 9903.88.69 of the HTSUS is modified by deleting 
``November 9, 2026,'' and by inserting ``January 9, 2027,'' in lieu 
thereof.

Annex B

    The Trade Representative has determined to extend all exclusions 
under heading 9903.88.70 and U.S. note 20(www) to subchapter III of 
chapter 99 of the HTSUS. See 89 FR 76581 (September 18, 2024), 90 FR 
23987 (June 5, 2025), 90 FR 42500 (September 2, 2025) and 90 FR 55232 
(December 1, 2025). 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 time on November 10, 2026, and before 
11:59 p.m. eastern time on January 9, 2027. Effective on November 10, 
2026, the article description of heading 9903.88.70 of the HTSUS is 
modified by deleting ``November 9, 2026,'' and by inserting ``January 
9, 2027,'' in lieu thereof.

Jennifer Thornton,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2026-22925 Filed 11-9-26; 8:45 am]
BILLING CODE 3390-F4-P


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