23122 Federal Register /Vol. 85, No. 80/Friday, April 24, 2020/Notices

khammond on DSKJM1Z7X2PROD with NOTICES23122Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Noticesa verified notice of exemption under 49CFR 1150.41 to amend an existing railline lease between PSAP and UnionPacific Railroad Company (UP).1 PSAPstates that, under the Amended Lease, itwill continue to lease and operate 3.65miles of rail line: Between milepost53.83 and milepost 54.23 and betweenmilepost 55.28 and milepost 56.70, inAberdeen and Hoquiam, Wash.; andbetween milepost 2.41 at BlakesleeJunction, Wash., and milepost 4.26 atRaisch, Wash. (collectively, the Line).PSAP states that the Current Leasewas entered into in 2000 and amendedin 2002. See Ariz. & Cal. R.R.—Lease &Operation Exemption—Union Pac. R.R.,FD 33886 (STB served July 7, 2000);Puget Sound & Pac. R.R.—Lease &Operation Exemption—Union Pac. R.R.,FD 34213 (STB served Dec. 13, 2002).PSAP further states that the term of theCurrent Lease was extended in 2010, inaccordance with its terms, for anadditional 10 years. According to PSAP,the Amended Lease would extend thelease term for an additional 10 years andrevise other commercial terms.PSAP certifies that the projectedannual revenues as a result of theproposed transaction will not exceedthose that would qualify it as a Class IIIcarrier. Additionally, PSAP certifies thatits total revenues exceed 5 million.Pursuant to 49 CFR 1150.42(e), if acarrier’s projected annual revenues willexceed 5 million, it must, at least 60days before the exemption becomeseffective, post notice of its intent toundertake the proposed transaction atthe workplace of the employees on theaffected lines, serve a copy of the noticeon the national offices of the laborunions with employees on the affectedlines, and certify to the Board that it hasdone so. However, PSAP’s verifiednotice includes a request for waiver ofthe 60-day advance labor noticerequirements. PSAP’s waiver requestwill be addressed in a separate decision.As required under 49 CFR1150.43(h)(1), PSAP has disclosed in itsverified notice that the Amended Leasecontains an interchange commitment.2PSAP has provided additionalinformation regarding the interchangecommitment as required by 49 CFR1150.43(h).The verified notice states that theAmended Lease will be effective uponthe effective date of the verified notice1 The existing lease, as previously amended fromtime to time, is referred to as the Current Lease; theCurrent Lease with the addition of the newamendment for which authority is sought here isreferred to as the Amended Lease.2 A copy of the Amended Lease with theinterchange commitment was submitted under seal.See 49 CFR 1150.43(h)(1).VerDate Sep 11 201417:03 Apr 23, 2020Jkt 250001of exemption and that PSAP willcontinue to operate under the terms ofthe Current Lease until then. The Boardwill establish the effective date in itsseparate decision on the waiver request.If the verified notice contains false ormisleading information, the exemptionis void ab initio. Petitions to revoke theexemption under 49 U.S.C. 10502(d)may be filed at any time. The filing ofa petition to revoke will notautomatically stay the effectiveness ofthe exemption. Petitions to stay must befiled no later than May 1, 2020.All pleadings, referring to Docket No.FD 36395, must be filed with theSurface Transportation Board either viae-filing or in writing addressed to 395 EStreet SW, Washington, DC 20423–0001.In addition, a copy of each pleadingmust be served on PSAP’srepresentative, Eric M. Hocky, Clark HillPLC, Two Commerce Square, 2001Market St., Suite 2620, Philadelphia, PA19103.According to PSAP, this action iscategorically excluded fromenvironmental review under 49 CFR1105.6(c) and from historic preservationreporting requirements under 49 CFR1105.8(b).Board decisions and notices areavailable at www.stb.gov.Decided: April 21, 2020.By the Board, Allison C. Davis, Director,Office of Proceedings.Regena Smith-Bernard,Clearance Clerk.[FR Doc. 2020–08740 Filed 4–23–20; 8:45 am]BILLING CODE 4915–01–POFFICE OF THE UNITED STATESTRADE REPRESENTATIVENotice of Product Exclusions: China’sActs, Policies, and Practices Related toTechnology Transfer, IntellectualProperty, and InnovationOffice of the United StatesTrade Representative.ACTION: Notice of product exclusions.AGENCY:In September 2018, the U.S.Trade Representative imposedadditional duties on goods of Chinawith an annual trade value ofapproximately 200 billion as part ofthe action in the Section 301investigation of China’s acts, policies,and practices related to technologytransfer, intellectual property, andinnovation. The U.S. TradeRepresentative initiated a productexclusion process in June 2019, andinterested persons have submittedrequests for the exclusion of specificSUMMARY:PO 00000Frm 00130Fmt 4703Sfmt 4703products. This notice announces theU.S. Trade Representative’sdetermination to grant certain exclusionrequests, as specified in the Annex tothis notice, and corrects a technicalerror in a previously announcedexclusion.DATES: The product exclusionsannounced in this notice will apply asof September 24, 2018, the effective dateof the 200 billion action, and extend toAugust 7, 2020. The amendmentsannounced in this notice are retroactiveto the date that the original exclusionswere published.FOR FURTHER INFORMATION CONTACT: Forgeneral questions about this notice,contact Assistant General CounselsPhilip Butler or Megan Grimball, orDirector of Industrial Goods JustinHoffmann at (202) 395–5725. Forspecific questions on customsclassification or implementation of theproduct exclusions identified in theAnnex to this notice, contacttraderemedy@cbp.dhs.gov.SUPPLEMENTARY INFORMATION:A. BackgroundFor background on the proceedings inthis investigation, please see the priornotices including 82 FR 40213 (August24, 2017), 83 FR 14906 (April 6, 2018),83 FR 28710 (June 20, 2018), 83 FR33608 (July 17, 2018), 83 FR 38760(August 7, 2018), 83 FR 47974(September 21, 2018), 83 FR 49153(September 28, 2018), 83 FR 65198(December 19, 2018), 84 FR 7966 (March5, 2019), 84 FR 20459 (May 9, 2019), 84FR 29576 (June 24, 2019), 84 FRN 38717(August 7, 2019), 84 FR 46212(September 3, 2019), 84 FR 49591(September 20, 2019), 84 FR 57803(October 28, 2019), 84 FR 61674(November 13, 2019), 84 FR 65882(November 29, 2019), 84 FR 69012(December 17, 2019), 85 FR 549 (January6, 2020), 85 FR 6674 (February 5, 2020),85 FR 9921 (February 20, 2020), 85 FR15015 (March 16, 2020), and 85 FR17158 (March 26, 2020).Effective September 24, 2018, the U.S.Trade Representative imposedadditional 10 percent ad valorem dutieson goods of China classified in 5,757full and partial subheadings of theHarmonized Tariff Schedule of theUnited States (HTSUS), with anapproximate annual trade value of 200billion. See 83 FR 47974, as modified by83 FR 49153. In May 2019, the U.S.Trade Representative increased theadditional duty to 25 percent. See 84 FR20459. On June 24, 2019, the U.S. TradeRepresentative established a process bywhich stakeholders could requestexclusion of particular productsE:\FR\FM\24APN1.SGM24APN1

Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Noticeskhammond on DSKJM1Z7X2PROD with NOTICESclassified within an 8-digit HTSUSsubheading covered by the 200 billionaction from the additional duties. See 84FR 29576 (the June 24 notice).Under the June 24 notice, requests forexclusion were required to identify theproduct subject to the request in termsof the physical characteristics thatdistinguish the product from otherproducts within the relevant 8-digitHTSUS subheading covered by the 200billion action. Requestors were alsorequired to provide the 10-digit HTSUSsubheading most applicable to theparticular product requested forexclusion, and could submitinformation on the ability of U.S.Customs and Border Protection toadminister the requested exclusion.Requestors were asked to provide thequantity and value of the Chinese-originproduct that the requestor purchased inthe last three years. With regard to therationale for the requested exclusion,requests had to address the followingfactors: Whether the particular product isavailable only from China andspecifically whether the particularproduct and/or a comparable product isavailable from sources in the UnitedStates and/or third countries. Whether the imposition ofadditional duties on the particularproduct would cause severe economicharm to the requestor or other U.S.interests. Whether the particular product isstrategically important or related to‘‘Made in China 2025’’ or other Chineseindustrial programs.The June 24 notice stated that the U.S.Trade Representative would take intoaccount whether an exclusion wouldVerDate Sep 11 201417:03 Apr 23, 2020Jkt 250001undermine the objective of the Section301 investigation.The June 24 notice requiredsubmission of requests for exclusionfrom the 200 billion action no laterthan September 30, 2019, and noted thatthe U.S. Trade Representative wouldperiodically announce decisions. InAugust 2019, the U.S. TradeRepresentative granted an initial set ofexclusion requests. See 84 FR 38717.The U.S. Trade Representative grantedadditional exclusions in September2019, October 2019, November 2019,December 2019, January 2020, February2020, and March 2020. See 84 FR 49591,84 FR 57803, 84 FR 61674, 84 FR 65882,84 FR 69012, 85 FR 549, 85 FR 6674, 85FR 9921, 85 FR 15015, and 85 FR 17158.The Office of the United States TradeRepresentative (USTR) regularlyupdates the status of each pendingrequest on the Exclusions Portal r USTR-20190005.B. Determination To Grant CertainExclusionsBased on the evaluation of the factorsset forth in the June 24 notice, which aresummarized above, pursuant to sections301(b), 301(c), and 307(a) of the TradeAct of 1974, as amended, and inaccordance with the advice of theinteragency Section 301 Committee, theU.S. Trade Representative hasdetermined to grant the productexclusions set forth in the Annex to thisnotice. The U.S. Trade Representative’sdetermination also takes into accountadvice from advisory committees andany public comments on the pertinentexclusion requests.PO 00000Frm 00131Fmt 4703Sfmt 470323123As set forth in the Annex, theexclusions are reflected in one 10-digitHTSUS subheading, which covers 20separate exclusion requests, and 107specially prepared product descriptions,which cover 157 separate exclusionrequests.In accordance with the June 24 notice,the exclusions are available for anyproduct that meets the description inthe Annex, regardless of whether theimporter benefitting from the productexclusion filed an exclusion request.Further, the scope of each exclusion isgoverned by the scope of the productdescriptions in the Annex, and not bythe product descriptions found in anyparticular request for exclusion.Paragraph A, subparagraphs 3 through5 of the Annex contain conformingamendments to the HTSUS reflectingthe modifications made by the Annex.Paragraph B of the Annex contains anamendment reflecting a technicalcorrection to a certain note to theHTSUS, specifically U.S. note20(mm)(11), published at 84 FR 61674(November 13, 2019).As stated in the September 20, 2019notice, the exclusions will apply fromSeptember 24, 2018, to August 7, 2020.U.S. Customs and Border Protection willissue instructions on entry guidance andimplementation.The U.S. Trade Representative willcontinue to issue determinations onpending requests on a periodic basis.Joseph Barloon,General Counsel, Office of the U.S. TradeRepresentative.BILLING CODE 3290–F0–PE:\FR\FM\24APN1.SGM24APN1

VerDate Sep 11 2014Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Notices17:03 Apr 23, 2020Jkt 250001PO 00000Frm 00132Fmt 4703Sfmt 4725E:\FR\FM\24APN1.SGM24APN1EN24AP20.000 /GPH khammond on DSKJM1Z7X2PROD with NOTICES23124