83_FR_47417 83 FR 47236 - Procedures To Consider Requests for Exclusion of Particular Products From the Additional Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

83 FR 47236 - Procedures To Consider Requests for Exclusion of Particular Products From the Additional Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47236-47238
FR Document2018-20246

In a notice published on August 16, 2018 (83 FR 40823), the U.S. Trade Representative (Trade Representative) determined to take an additional action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The August 16 notice also announced that the Trade Representative would establish a process by which U.S. stakeholders may request that particular products classified within a tariff subheading covered by the additional action be excluded from the additional duties. This notice sets out the specific procedures and criteria related to requests for product exclusions, and opens up a docket for the receipt of exclusion requests.

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47236-47238]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20246]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0032]


Procedures To Consider Requests for Exclusion of Particular 
Products From the Additional Action Pursuant to Section 301: China's 
Acts, Policies, and Practices Related to Technology Transfer, 
Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In a notice published on August 16, 2018 (83 FR 40823), the 
U.S. Trade Representative (Trade Representative) determined to take an 
additional action in the Section 301 investigation of China's acts, 
policies, and practices related to technology transfer, intellectual 
property, and innovation. The August 16 notice also announced that the 
Trade Representative would establish a process by which U.S. 
stakeholders may request that particular products classified within a 
tariff subheading covered by the additional action be excluded from the 
additional duties. This notice sets out the specific procedures and 
criteria related to requests for product exclusions, and opens up a 
docket for the receipt of exclusion requests.

DATES: USTR must receive all requests to exclude a particular product 
by December 18, 2018. Responses to a request for exclusion of a 
particular product are due 14 days after the request is posted in 
docket number USTR-2018-0032 on www.regulations.gov. Any replies to 
responses to an exclusion request are due the later of 7 days after the 
close of the 14 day response period, or 7 days after the posting of a 
response.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting requests for exclusion, responses to 
requests, and replies to responses in section B below. The docket 
number is USTR-2018-0032.

FOR FURTHER INFORMATION CONTACT: For questions about the product 
exclusion process, contact Assistant General Counsels Megan Grimball or 
Philip Butler, or Director of Industrial Goods Justin Hoffmann at (202) 
395-5725. For questions on customs classification or implementation of 
additional duties, contact [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    On August 18, 2017, the Office of the U.S. Trade Representative 
(USTR) initiated an investigation into certain acts, policies, and 
practices of the Government of China related to technology transfer, 
intellectual property, and innovation (82 FR 40213).
    In a notice published on April 6, 2018 (83 FR 14906), the Trade 
Representative announced a determination that the acts, policies, and 
practices of the Government of China covered in the investigation are 
unreasonable or discriminatory and burden or restrict U.S. commerce. 
The April 6 notice also invited public comment on a proposed action in 
the investigation, in the form of an additional 25 percent ad valorem 
duty on products from China classified in a list of 1,333 tariff 
subheadings, with an annual trade value of approximately $50 billion.
    After review, the Trade Representative determined to take an 
initial action in the investigation, and to consider an additional 
proposed action. See 83 FR 28710 (June 20, 2018). The Trade 
Representative narrowed the proposed list in the April 6 notice to 818 
tariff subheadings, with an approximate annual trade value of $34 
billion. This initial action became effective on July 6, 2018. The 
additional proposed action was an additional ad valorem duty of 25 
percent on products of China classified in 284 tariff subheadings, with 
an annual trade value of approximately $16 billion, as set forth in 
Annex C to the June 20 notice.
    After review, the Trade Representative determined to impose 
additional duties on 279 tariff subheadings, with an annual trade value 
of approximately $16 billion. See 83 FR 40823 (August 16, 2018). The 
additional duties on these products took effect on August 23, 2018.
    During the notice and comment process, a number of interested 
persons asserted that specific products within a particular tariff 
subheading only were available from China, that the imposition of 
additional duties on the specific products would cause severe economic 
harm to a U.S. interest, and that the specific products were not 
strategically important or related to the ``Made in China 2025'' 
program. In light of such concerns, the Trade Representative determined 
to establish a process by which U.S. stakeholders may request that 
particular products classified within a covered HTSUS subheading be 
excluded from the additional action. That process is set out in the 
remainder of this notice.

B. Procedures To Request the Exclusion of Particular Products

    USTR invites interested persons, including trade associations, to 
submit requests for exclusion from the additional duties of a 
particular product classified within an HTSUS subheading set out in 
Annex A of the notice published at 83 FR 40823 (August 16, 2018). As 
explained in more detail below, each request specifically must identify 
a particular product, and provide supporting data and the rationale for 
the requested exclusion. USTR will evaluate each request on a case-by-
case basis, taking into account whether the exclusion would undermine 
the objective of the Section 301 investigation. Any exclusion will be 
effective starting from the August 23, 2018 effective date of the 
additional duties, and extending for one year after the publication of 
the exclusion determination in the Federal Register. In other words, an 
exclusion, if granted, will apply retroactively to the August 23 date 
of the imposition of the additional duties. USTR will periodically 
announce decisions on pending requests.

1. Requests for Exclusion of Particular Products

    With regard to product identification, any request for exclusion 
must include the following information:
     Identification of the particular product in terms of the 
physical characteristics (e.g., dimensions, material composition, or 
other characteristics) that distinguish it from other products within 
the covered 8-digit subheading. USTR will not consider requests that 
identify the product at issue in terms of the identity

[[Page 47237]]

of the producer, importer, ultimate consumer, actual use or chief use, 
or trademarks or tradenames. USTR will not consider requests that 
identify the product using criteria that cannot be made available to 
the public.
     The 10-digit subheading of the HTSUS applicable to the 
particular product requested for exclusion.
     Requesters also may submit information on the ability of 
U.S. Customs and Border Protection to administer the exclusion.
    Requesters must provide the annual quantity and value of the 
Chinese-origin product that the requester purchased in each of the last 
three years. For trade association requesters, please provide such 
information based on your members' data. If precise annual quantity and 
value information are not available, please provide an estimate and 
explain the basis for the estimation.
    For imports sold as final products, requesters must provide the 
percentage of their total gross sales in 2017 that sales of the 
Chinese-origin product accounted for.
    For imports used in the production of final products, requesters 
must provide the percentage of the total cost of producing the final 
product(s) the Chinese-origin input accounts for and the percentage of 
their total gross sales in 2017 that sales of the final product(s) 
accounted for.
    With regard to the rationale for the requested exclusion, each 
request for exclusion should address the following factors:
     Whether the particular product is available only from 
China. In addressing this factor, requesters should address 
specifically whether the particular product and/or a comparable product 
is available from sources in the United States and/or in third 
countries.
     Whether the imposition of additional duties on the 
particular product would cause severe economic harm to the requester or 
other U.S. interests.
     Whether the particular product is strategically important 
or related to ``Made in China 2025'' or other Chinese industrial 
programs.
    In addressing each factor, the requester should provide support for 
their assertions. Requesters also may provide any other information or 
data that they consider relevant to an evaluation of the request.
    Any request that contains business confidential information must be 
accompanied by a public version. The public version will be posted on 
regulations.gov.

2. Responses to Requests for Exclusions

    After a request for exclusion of a particular product is posted on 
docket number USTR 2018-0032, interested persons will have 14 days to 
respond to the request, indicating support or opposition and providing 
reasons for their view. All responses must clearly identify the 
specific request for exclusion being addressed. You can view requests 
for exclusions on www.regulations.gov by entering docket number USTR-
2018-0032 in the search field on the home page.

3. Replies to Responses to Requests for Exclusions

    After a response is posted on docket number USTR 2018-0032, 
interested persons will have the opportunity to reply to the response. 
Any reply must be posted within the later of 7 days after the close of 
the 14 day response period, or 7 days after the posting of a response. 
All replies must clearly identify the specific responses being 
addressed.

4. Submission Instructions

    As noted above, interested persons must submit requests for 
exclusions by December 18, 2018. Any responses to those requests must 
be submitted within 14 days after the requests are posted. Any reply to 
a response must be submitted within the later of 7 days after the close 
of the 14 day response period, or 7 days after the posting of a 
response. Interested persons seeking to exclude two or more products 
must submit a separate request for each product, i.e., one product per 
request.
    All submissions must include a statement that the submitter 
certifies that the information provided is complete and correct to the 
best of his or her knowledge.
    To assist in review of requests for exclusion, USTR has prepared a 
request form that will be posted on the USTR website under 
`Enforcement/Section 301 investigations' and on the www.regulations.gov 
docket in the `supporting documents' section. USTR strongly encourages 
interested persons to use the form to submit requests, though use of 
the form is not required. All submissions must be in English and sent 
electronically via www.regulations.gov.

5. To Submit a Product Exclusion Request

    To submit requests via www.regulations.gov, enter document ID 
number USTR-2018-0032 on the home page and click `search.' The site 
will provide a search-results page listing the Federal Register notice 
associated with this docket. Find a reference to this notice and click 
on the link titled `comment now!'. Once posted on the electronic 
docket, the exclusion request will be viewable in the `primary 
documents' section.
    File names for requests for exclusions must include the 10-digit 
subheading of the HTSUS applicable to the particular product and the 
name of the person or entity submitting the request (e.g., 1234567890 
Initech). If the request includes business confidential information, 
then two files must be submitted--the business confidential version and 
a public version. The file names must indicate the version, e.g., 
1234567890 Initech BC and 1234567890 Initech P. Additional instructions 
on business confidential submissions can be found below in Section B.8 
of this notice.

6. To Submit a Response to a Product Exclusion Request

    To respond to a request for exclusion, please find the request in 
the `primary documents' section of the docket and click on the link 
titled `comment now!' associated with that specific request. Responses 
made on requests for exclusion will appear in the `comments' section of 
the docket.
    File names for responses to requests should include the document ID 
of the request and the name of the person or entity submitting the 
response (e.g., USTR-2018-0032-0005 Initrode). If the response includes 
business confidential information, then two files must be submitted--
the business confidential information version and a public version. The 
file names should indicate the version, e.g., USTR-2018-0032-0005 
Initrode BC and USTR-2018-0032-0005 Initrode P.

7. To Submit a Reply to a Response on a Product Exclusion Request

    To reply to a response made to an exclusion request, please find 
the exclusion request that is the subject of the response in the 
`primary documents' section of the docket and click on the link titled 
`comment now!'. Replies will appear in the `comments' section of the 
docket.
    File names for replies should include the document ID of the 
response and the name of the person or entity submitting the reply 
(e.g., USTR-2018-0032-0020 Initech). If the reply includes business 
confidential information, then two files must be submitted--the 
business confidential information version and a public version. The 
file names must indicate the version, e.g., USTR-2018-0032-0020 Initech 
BC and USTR-2018-0032-0020 Initech P.

[[Page 47238]]

    For further information on using the www.regulations.gov website, 
please consult the resources provided on the website by clicking on 
`How to Use Regulations.gov' on the bottom of the home page.

8. Document Format Instructions

    Submit requests for product exclusions in an attached document. 
Type `see attached' in the `comment' field. USTR prefers submissions 
made using the request form that will be posted on the USTR website 
under `Enforcement/Section 301 investigations' and on the 
www.regulations.gov docket in the `supporting documents' section and 
saved as a searchable Adobe Acrobat (.pdf) document. If you do not use 
the USTR form, USTR prefers submissions made in Microsoft Word (.doc) 
or searchable Adobe Acrobat (.pdf). If you use an application other 
than those two, please indicate the name of the application in the 
`comment' field.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the comment itself, rather than submitting them as 
separate files.
    For any documents submitted electronically containing business 
confidential information, the file name of the business confidential 
version must end with the characters `BC'. Any page containing business 
confidential information must be clearly marked `BUSINESS CONFIDENTIAL' 
on the top of that page and the submission should clearly indicate, via 
brackets, highlighting, or other means, the specific information that 
is business confidential. If you request business confidential 
treatment, you must certify in writing that disclosure of the 
information would endanger trade secrets or profitability, and that the 
information would not customarily be released to the public. Filers of 
submissions containing business confidential information also must 
submit a public version of their submissions. The file name of the 
public version must end with the character `P'. The `BC' and `P' should 
follow the rest of the file name. If these procedures are not 
sufficient to protect business confidential information or otherwise 
protect business interests, please contact the USTR Section 301 line at 
(202) 395-5725 to discuss whether alternative arrangements are 
possible.
    USTR will post submissions in the docket for public inspection, 
except business confidential information. You can view submissions on 
the https://www.regulations.gov website by entering docket number USTR-
2018-0032 in the search field on the home page.

Robert E. Lighthizer,
United States Trade Representative.
[FR Doc. 2018-20246 Filed 9-17-18; 8:45 am]
BILLING CODE 3290-F8-P



                                               47236                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                               Methodology                                             responses to an exclusion request are                 of approximately $16 billion. See 83 FR
                                                 Currently, there is no option of                      due the later of 7 days after the close of            40823 (August 16, 2018). The additional
                                               electronic submission of this                           the 14 day response period, or 7 days                 duties on these products took effect on
                                               information. Submissions are made via                   after the posting of a response.                      August 23, 2018.
                                                                                                       ADDRESSES: USTR strongly prefers                         During the notice and comment
                                               hardcopy documentation. Applicants
                                                                                                       electronic submissions made through                   process, a number of interested persons
                                               are referred to ITAR § 123.9 for guidance
                                                                                                       the Federal eRulemaking Portal: http://               asserted that specific products within a
                                               on information to submit regarding the
                                                                                                       www.regulations.gov. Follow the                       particular tariff subheading only were
                                               request to change end-user, end-use                                                                           available from China, that the
                                               and/or destination of hardware. Upon                    instructions for submitting requests for
                                                                                                       exclusion, responses to requests, and                 imposition of additional duties on the
                                               implementation of DDTC’s new case                                                                             specific products would cause severe
                                               management system, The Defense                          replies to responses in section B below.
                                                                                                       The docket number is USTR–2018–                       economic harm to a U.S. interest, and
                                               Export Control and Compliance System                                                                          that the specific products were not
                                               (DECCS), a DS–6004 may be submitted                     0032.
                                                                                                                                                             strategically important or related to the
                                               electronically.                                         FOR FURTHER INFORMATION CONTACT: For                  ‘‘Made in China 2025’’ program. In light
                                                                                                       questions about the product exclusion                 of such concerns, the Trade
                                               Anthony M. Dearth,
                                                                                                       process, contact Assistant General                    Representative determined to establish a
                                               Chief of Staff, Directorate of Defense Trade
                                                                                                       Counsels Megan Grimball or Philip                     process by which U.S. stakeholders may
                                               Controls, U.S. Department of State.
                                                                                                       Butler, or Director of Industrial Goods               request that particular products
                                               [FR Doc. 2018–20209 Filed 9–17–18; 8:45 am]
                                                                                                       Justin Hoffmann at (202) 395–5725. For                classified within a covered HTSUS
                                               BILLING CODE 4710–25–P
                                                                                                       questions on customs classification or                subheading be excluded from the
                                                                                                       implementation of additional duties,                  additional action. That process is set out
                                                                                                       contact traderemedy@cbp.dhs.gov.                      in the remainder of this notice.
                                               OFFICE OF THE UNITED STATES                             SUPPLEMENTARY INFORMATION:
                                               TRADE REPRESENTATIVE                                                                                          B. Procedures To Request the Exclusion
                                                                                                       A. Background                                         of Particular Products
                                               [Docket Number USTR–2018–0032]
                                                                                                          On August 18, 2017, the Office of the                 USTR invites interested persons,
                                               Procedures To Consider Requests for                     U.S. Trade Representative (USTR)                      including trade associations, to submit
                                               Exclusion of Particular Products From                   initiated an investigation into certain               requests for exclusion from the
                                               the Additional Action Pursuant to                       acts, policies, and practices of the                  additional duties of a particular product
                                               Section 301: China’s Acts, Policies,                    Government of China related to                        classified within an HTSUS subheading
                                               and Practices Related to Technology                     technology transfer, intellectual                     set out in Annex A of the notice
                                               Transfer, Intellectual Property, and                    property, and innovation (82 FR 40213).               published at 83 FR 40823 (August 16,
                                               Innovation                                                 In a notice published on April 6, 2018             2018). As explained in more detail
                                                                                                       (83 FR 14906), the Trade Representative               below, each request specifically must
                                               AGENCY: Office of the United States                     announced a determination that the                    identify a particular product, and
                                               Trade Representative.                                   acts, policies, and practices of the                  provide supporting data and the
                                               ACTION: Notice and request for                          Government of China covered in the                    rationale for the requested exclusion.
                                               comments.                                               investigation are unreasonable or                     USTR will evaluate each request on a
                                                                                                       discriminatory and burden or restrict                 case-by-case basis, taking into account
                                               SUMMARY:    In a notice published on                    U.S. commerce. The April 6 notice also                whether the exclusion would
                                               August 16, 2018 (83 FR 40823), the U.S.                 invited public comment on a proposed                  undermine the objective of the Section
                                               Trade Representative (Trade                             action in the investigation, in the form              301 investigation. Any exclusion will be
                                               Representative) determined to take an                   of an additional 25 percent ad valorem                effective starting from the August 23,
                                               additional action in the Section 301                    duty on products from China classified                2018 effective date of the additional
                                               investigation of China’s acts, policies,                in a list of 1,333 tariff subheadings, with           duties, and extending for one year after
                                               and practices related to technology                     an annual trade value of approximately                the publication of the exclusion
                                               transfer, intellectual property, and                    $50 billion.                                          determination in the Federal Register.
                                               innovation. The August 16 notice also                      After review, the Trade                            In other words, an exclusion, if granted,
                                               announced that the Trade                                Representative determined to take an                  will apply retroactively to the August 23
                                               Representative would establish a                        initial action in the investigation, and to           date of the imposition of the additional
                                               process by which U.S. stakeholders may                  consider an additional proposed action.               duties. USTR will periodically
                                               request that particular products                        See 83 FR 28710 (June 20, 2018). The                  announce decisions on pending
                                               classified within a tariff subheading                   Trade Representative narrowed the                     requests.
                                               covered by the additional action be                     proposed list in the April 6 notice to
                                               excluded from the additional duties.                    818 tariff subheadings, with an                       1. Requests for Exclusion of Particular
                                               This notice sets out the specific                       approximate annual trade value of $34                 Products
                                               procedures and criteria related to                      billion. This initial action became                      With regard to product identification,
                                               requests for product exclusions, and                    effective on July 6, 2018. The additional             any request for exclusion must include
                                               opens up a docket for the receipt of                    proposed action was an additional ad                  the following information:
                                               exclusion requests.                                     valorem duty of 25 percent on products                   • Identification of the particular
                                               DATES: USTR must receive all requests                   of China classified in 284 tariff                     product in terms of the physical
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                                               to exclude a particular product by                      subheadings, with an annual trade value               characteristics (e.g., dimensions,
                                               December 18, 2018. Responses to a                       of approximately $16 billion, as set forth            material composition, or other
                                               request for exclusion of a particular                   in Annex C to the June 20 notice.                     characteristics) that distinguish it from
                                               product are due 14 days after the                          After review, the Trade                            other products within the covered 8-
                                               request is posted in docket number                      Representative determined to impose                   digit subheading. USTR will not
                                               USTR–2018–0032 on                                       additional duties on 279 tariff                       consider requests that identify the
                                               www.regulations.gov. Any replies to                     subheadings, with an annual trade value               product at issue in terms of the identity


                                          VerDate Sep<11>2014   19:14 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1


                                                                         Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices                                          47237

                                               of the producer, importer, ultimate                     2. Responses to Requests for Exclusions               notice and click on the link titled
                                               consumer, actual use or chief use, or                      After a request for exclusion of a                 ‘comment now!’. Once posted on the
                                               trademarks or tradenames. USTR will                     particular product is posted on docket                electronic docket, the exclusion request
                                               not consider requests that identify the                 number USTR 2018–0032, interested                     will be viewable in the ‘primary
                                               product using criteria that cannot be                   persons will have 14 days to respond to               documents’ section.
                                               made available to the public.                           the request, indicating support or                      File names for requests for exclusions
                                                  • The 10-digit subheading of the                     opposition and providing reasons for                  must include the 10-digit subheading of
                                               HTSUS applicable to the particular                      their view. All responses must clearly                the HTSUS applicable to the particular
                                               product requested for exclusion.                        identify the specific request for                     product and the name of the person or
                                                  • Requesters also may submit                         exclusion being addressed. You can                    entity submitting the request (e.g.,
                                               information on the ability of U.S.                      view requests for exclusions on                       1234567890 Initech). If the request
                                               Customs and Border Protection to                        www.regulations.gov by entering docket                includes business confidential
                                               administer the exclusion.                               number USTR–2018–0032 in the search                   information, then two files must be
                                                  Requesters must provide the annual                   field on the home page.                               submitted—the business confidential
                                               quantity and value of the Chinese-origin                                                                      version and a public version. The file
                                                                                                       3. Replies to Responses to Requests for               names must indicate the version, e.g.,
                                               product that the requester purchased in                 Exclusions
                                               each of the last three years. For trade                                                                       1234567890 Initech BC and 1234567890
                                               association requesters, please provide                     After a response is posted on docket               Initech P. Additional instructions on
                                               such information based on your                          number USTR 2018–0032, interested                     business confidential submissions can
                                               members’ data. If precise annual                        persons will have the opportunity to                  be found below in Section B.8 of this
                                               quantity and value information are not                  reply to the response. Any reply must be              notice.
                                               available, please provide an estimate                   posted within the later of 7 days after
                                                                                                       the close of the 14 day response period,              6. To Submit a Response to a Product
                                               and explain the basis for the estimation.                                                                     Exclusion Request
                                                                                                       or 7 days after the posting of a response.
                                                  For imports sold as final products,
                                                                                                       All replies must clearly identify the                    To respond to a request for exclusion,
                                               requesters must provide the percentage
                                                                                                       specific responses being addressed.                   please find the request in the ‘primary
                                               of their total gross sales in 2017 that
                                               sales of the Chinese-origin product                     4. Submission Instructions                            documents’ section of the docket and
                                               accounted for.                                                                                                click on the link titled ‘comment now!’
                                                                                                          As noted above, interested persons                 associated with that specific request.
                                                  For imports used in the production of                must submit requests for exclusions by                Responses made on requests for
                                               final products, requesters must provide                 December 18, 2018. Any responses to                   exclusion will appear in the ‘comments’
                                               the percentage of the total cost of                     those requests must be submitted within               section of the docket.
                                               producing the final product(s) the                      14 days after the requests are posted.
                                               Chinese-origin input accounts for and                                                                            File names for responses to requests
                                                                                                       Any reply to a response must be
                                               the percentage of their total gross sales                                                                     should include the document ID of the
                                                                                                       submitted within the later of 7 days
                                               in 2017 that sales of the final product(s)                                                                    request and the name of the person or
                                                                                                       after the close of the 14 day response
                                               accounted for.                                                                                                entity submitting the response (e.g.,
                                                                                                       period, or 7 days after the posting of a
                                                                                                                                                             USTR–2018–0032–0005 Initrode). If the
                                                  With regard to the rationale for the                 response. Interested persons seeking to
                                                                                                                                                             response includes business confidential
                                               requested exclusion, each request for                   exclude two or more products must
                                                                                                                                                             information, then two files must be
                                               exclusion should address the following                  submit a separate request for each
                                                                                                                                                             submitted—the business confidential
                                               factors:                                                product, i.e., one product per request.
                                                                                                          All submissions must include a                     information version and a public
                                                  • Whether the particular product is                                                                        version. The file names should indicate
                                               available only from China. In addressing                statement that the submitter certifies
                                                                                                       that the information provided is                      the version, e.g., USTR–2018–0032–
                                               this factor, requesters should address                                                                        0005 Initrode BC and USTR–2018–
                                               specifically whether the particular                     complete and correct to the best of his
                                                                                                       or her knowledge.                                     0032–0005 Initrode P.
                                               product and/or a comparable product is
                                               available from sources in the United                       To assist in review of requests for                7. To Submit a Reply to a Response on
                                               States and/or in third countries.                       exclusion, USTR has prepared a request                a Product Exclusion Request
                                                                                                       form that will be posted on the USTR
                                                  • Whether the imposition of                                                                                   To reply to a response made to an
                                                                                                       website under ‘Enforcement/Section 301
                                               additional duties on the particular                                                                           exclusion request, please find the
                                                                                                       investigations’ and on the
                                               product would cause severe economic                                                                           exclusion request that is the subject of
                                                                                                       www.regulations.gov docket in the
                                               harm to the requester or other U.S.                                                                           the response in the ‘primary documents’
                                                                                                       ‘supporting documents’ section. USTR
                                               interests.                                                                                                    section of the docket and click on the
                                                                                                       strongly encourages interested persons
                                                  • Whether the particular product is                  to use the form to submit requests,                   link titled ‘comment now!’. Replies will
                                               strategically important or related to                   though use of the form is not required.               appear in the ‘comments’ section of the
                                               ‘‘Made in China 2025’’ or other Chinese                 All submissions must be in English and                docket.
                                               industrial programs.                                    sent electronically via                                  File names for replies should include
                                                  In addressing each factor, the                       www.regulations.gov.                                  the document ID of the response and the
                                               requester should provide support for                                                                          name of the person or entity submitting
                                               their assertions. Requesters also may                   5. To Submit a Product Exclusion                      the reply (e.g., USTR–2018–0032–0020
                                               provide any other information or data                   Request                                               Initech). If the reply includes business
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                                               that they consider relevant to an                          To submit requests via                             confidential information, then two files
                                               evaluation of the request.                              www.regulations.gov, enter document ID                must be submitted—the business
                                                  Any request that contains business                   number USTR–2018–0032 on the home                     confidential information version and a
                                               confidential information must be                        page and click ‘search.’ The site will                public version. The file names must
                                               accompanied by a public version. The                    provide a search-results page listing the             indicate the version, e.g., USTR–2018–
                                               public version will be posted on                        Federal Register notice associated with               0032–0020 Initech BC and USTR–2018–
                                               regulations.gov.                                        this docket. Find a reference to this                 0032–0020 Initech P.


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                                               47238                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                                 For further information on using the                  business confidential information. You                to 5 p.m., Monday through Friday,
                                               www.regulations.gov website, please                     can view submissions on the https://                  except Federal Holidays.
                                               consult the resources provided on the                   www.regulations.gov website by                          Interested parties are invited to
                                               website by clicking on ‘How to Use                      entering docket number USTR–2018–                     participate in these proceedings by
                                               Regulations.gov’ on the bottom of the                   0032 in the search field on the home                  submitting written views, data, or
                                               home page.                                              page.                                                 comments. FRA does not anticipate
                                               8. Document Format Instructions                         Robert E. Lighthizer,                                 scheduling a public hearing in
                                                  Submit requests for product                          United States Trade Representative.                   connection with these proceedings since
                                               exclusions in an attached document.                     [FR Doc. 2018–20246 Filed 9–17–18; 8:45 am]           the facts do not appear to warrant a
                                               Type ‘see attached’ in the ‘comment’                    BILLING CODE 3290–F8–P
                                                                                                                                                             hearing. If any interested parties desire
                                               field. USTR prefers submissions made                                                                          an opportunity for oral comment and a
                                               using the request form that will be                                                                           public hearing, they should notify FRA,
                                               posted on the USTR website under                                                                              in writing, before the end of the
                                                                                                       DEPARTMENT OF TRANSPORTATION                          comment period and specify the basis
                                               ‘Enforcement/Section 301
                                               investigations’ and on the                              Federal Railroad Administration                       for their request.
                                               www.regulations.gov docket in the                                                                               All communications concerning these
                                               ‘supporting documents’ section and                      [Docket Number FRA–2018–0026]                         proceedings should identify the
                                               saved as a searchable Adobe Acrobat                                                                           appropriate docket number and may be
                                               (.pdf) document. If you do not use the                  Petition for Waiver of Compliance
                                                                                                                                                             submitted by any of the following
                                               USTR form, USTR prefers submissions                                                                           methods:
                                               made in Microsoft Word (.doc) or                           Under part 211 of Title 49 Code of
                                               searchable Adobe Acrobat (.pdf). If you                 Federal Regulations (CFR), this provides                • Website: http://
                                               use an application other than those two,                the public notice that on June 7, 2018,               www.regulations.gov. Follow the online
                                               please indicate the name of the                         the Western Maryland Scenic Railroad                  instructions for submitting comments.
                                                                                                       (WMSR) petitioned the Federal Railroad
                                               application in the ‘comment’ field.                                                                             • Fax: 202–493–2251.
                                                  Please do not attach separate cover                  Administration (FRA) for a waiver of
                                                                                                       compliance from certain provisions of                   • Mail: Docket Operations Facility,
                                               letters to electronic submissions; rather,
                                                                                                       the Federal railroad safety regulations               U.S. Department of Transportation, 1200
                                               include any information that might
                                                                                                       contained at 49 CFR parts 215 and 224.                New Jersey Avenue SE, W12–140,
                                               appear in a cover letter in the comments
                                               themselves. Similarly, to the extent                    FRA assigned the petition Docket                      Washington, DC 20590.
                                               possible, please include any exhibits,                  Number FRA–2018–0026.                                   • Hand Delivery: 1200 New Jersey
                                               annexes, or other attachments in the                       Specifically, WMSR requests relief                 Avenue SE, Room W12–140,
                                               same file as the comment itself, rather                 from 49 CFR 215.303, Stenciling of                    Washington, DC 20590, between 9 a.m.
                                               than submitting them as separate files.                 restricted cars, and 49 CFR part 224,                 and 5 p.m., Monday through Friday,
                                                  For any documents submitted                          Reflectorization of Rail Freight Rolling              except Federal Holidays.
                                               electronically containing business                      Stock, for 16 freight cars. WMSR
                                                                                                                                                               Communications received by
                                               confidential information, the file name                 explains it is a non-profit entity,
                                                                                                                                                             November 2, 2018 will be considered by
                                               of the business confidential version                    operating on 17 miles of track from
                                                                                                                                                             FRA before final action is taken.
                                               must end with the characters ‘BC’. Any                  Ridgeley, WV, through Cumberland,
                                                                                                                                                             Comments received after that date will
                                               page containing business confidential                   MD, and west to Frostburg, MD. WMSR
                                                                                                       owns several freight cars of various built            be considered as far as practicable.
                                               information must be clearly marked
                                               ‘BUSINESS CONFIDENTIAL’ on the top                      and rebuilt dates, and primarily uses                   Anyone can search the electronic
                                               of that page and the submission should                  this equipment as operating historic                  form of any written communications
                                               clearly indicate, via brackets,                         artifacts. WMSR receives inquiries for                and comments received into any of our
                                               highlighting, or other means, the                       the making up and operation of historic               dockets by the name of the individual
                                               specific information that is business                   demonstration trains using the freight                submitting the comment (or signing the
                                               confidential. If you request business                   cars for photography, historic                        document, if submitted on behalf of an
                                               confidential treatment, you must certify                documentation, and film production,                   association, business, labor union, etc.).
                                               in writing that disclosure of the                       along with its diesel and steam engines.              Under 5 U.S.C. 553(c), DOT solicits
                                               information would endanger trade                        Because the chartering of such                        comments from the public to better
                                               secrets or profitability, and that the                  demonstration trains is potentially                   inform its processes. DOT posts these
                                               information would not customarily be                    profitable, WMSR would like the                       comments, without edit, including any
                                               released to the public. Filers of                       flexibility to make and operate the                   personal information the commenter
                                               submissions containing business                         historic freight trains at any time.                  provides, to www.regulations.gov, as
                                               confidential information also must                      WMSR states these ‘‘dedicated service’’               described in the system of records
                                               submit a public version of their                        cars have been certified as safe to                   notice (DOT/ALL–14 FDMS), which can
                                               submissions. The file name of the public                operate. The cars will only be operated               be reviewed at https://
                                               version must end with the character ‘P’.                occasionally, on WMSR track, empty,                   www.transportation.gov/privacy. See
                                               The ‘BC’ and ‘P’ should follow the rest                 and at or below 10 miles per hour.                    also https://www.regulations.gov/
                                               of the file name. If these procedures are                  A copy of the petition, as well as any             privacyNotice for the privacy notice of
                                               not sufficient to protect business                      written communications concerning the                 regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                               confidential information or otherwise                   petition, is available for review online at
                                                                                                                                                               Issued in Washington, DC.
                                               protect business interests, please contact              www.regulations.gov and in person at
                                                                                                       the U.S. Department of Transportation’s               Robert C. Lauby,
                                               the USTR Section 301 line at (202) 395–
                                               5725 to discuss whether alternative                     (DOT) Docket Operations Facility, 1200                Associate Administrator for Railroad Safety,
                                               arrangements are possible.                              New Jersey Avenue SE, W12–140,                        Chief Safety Officer.
                                                  USTR will post submissions in the                    Washington, DC 20590. The Docket                      [FR Doc. 2018–20204 Filed 9–17–18; 8:45 am]
                                               docket for public inspection, except                    Operations Facility is open from 9 a.m.               BILLING CODE 4910–06–P




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Document Created: 2018-09-18 01:18:09
Document Modified: 2018-09-18 01:18:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesUSTR must receive all requests to exclude a particular product by December 18, 2018. Responses to a request for exclusion of a particular product are due 14 days after the request is posted in docket number USTR-2018-0032 on www.regulations.gov. Any replies to responses to an exclusion request are due the later of 7 days after the close of the 14 day response period, or 7 days after the posting of a response.
ContactFor questions about the product exclusion process, contact Assistant General Counsels Megan Grimball or Philip Butler, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For questions on customs classification or implementation of additional duties, contact [email protected]
FR Citation83 FR 47236 

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