Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 67463 

30. Turki Alsehri: Turki Alsehri was 

designated on November 15, 2018, for 

being responsible for, or complicit in, or 

having directly or indirectly engaged in 

serious human rights abuse. He played 

a role in the killing of Jamal Khashoggi 

on October 2, 2018. 

31. Mohammed Alotaibi: Mohammed 

Alotaibi was designated on November 

15, 2018, for being responsible for, or 

complicit in, or having directly or 

indirectly engaged in serious human 

rights abuse. Alotaibi played a role in 

the killing of Jamal Khashoggi and, in 

his capacity as Consul General, oversaw 

the Consulate General of Saudi Arabia 

in Istanbul where the killing occurred. 

Visa Restrictions Imposed 

Although no visa restrictions were 

imposed under the Act during 2018, 

persons designated pursuant to E.O. 

13818 shall be subject to the visa 

restrictions articulated in section 2, 

unless an exception applies. Section 2 

provides that the entry of persons 

designated under section 1 of the order 

is suspended pursuant to Presidential 

Proclamation 8693. In addition, the 

Department of State continues to take 

action, as appropriate, to impose visa 

restrictions on those responsible for 

certain human rights violations and 

corruption pursuant to other authorities, 

including Presidential Proclamations 

7750 and 8697, and Section 7031(c) of 

the FY2018 Consolidated 

Appropriations Act. In addition, section 

212(a)(3)(E) of the Immigration and 

Nationality Act renders aliens ineligible 

for visas if a consular officer has reason 

to believe that they participated in acts 

of genocide, torture or extrajudicial 

killings. The Department of State also 

continues to share information on an 

ongoing basis about the operation of 

Presidential Proclamation 7750 and 

section 7031(c) with interested 

governments. 

Termination of Sanctions 

The Secretary of the Treasury, in 

consultation with the Secretary of State, 

terminated financial sanctions on the 

following persons previously designated 

for serious human rights abuse: 

1. Abdulhamit Gul: On November 2, 

2018, the Department of the 

Treasury terminated sanctions with 

respect to Abdulhamit Gul. 

2. Suleyman Soylu: On November 2, 

2018, the Department of the 

Treasury terminated sanctions with 

respect to Suleyman Soylu. 

Efforts To Encourage Governments of 

Other Countries To Impose Sanctions 

Similar to Those Authorized by the Act 

In 2018, the Administration 

undertook an expansive outreach 

campaign in Europe, Canada, and the 

United Kingdom to lay the groundwork 

for a multilateral, trans-Atlantic human 

rights sanctions regime. After consulting 

closely with Canada, the United 

Kingdom, France, Germany, Spain, The 

Netherlands, Belgium, Estonia, 

Lithuania, and the European Union, the 

Administration has identified 

champions, partners, and potential 

spoilers of the objectives established by 

Congress within the Act. Subsequent to 

our outreach, the Foreign Ministers of 

Canada and the Netherlands, and the 

Prime Minister of the United Kingdom 

each publicly endorsed the 

establishment of a human rights 

sanctions program at the European 

Union. The United States joins our 

Canadian, Dutch, and British partners in 

calling for such a program, and 

continues to provide both public and 

private support for this initiative. The 

Departments of State and Treasury have, 

over the last year, shared information, 

coordinated messaging, and provided 

technical assistance to this end. 

Dated: December 19, 2018. 

David Hale, 

Under Secretary for Political Affairs, 

Department of State. 

[FR Doc. 2018–28311 Filed 12–27–18; 8:45 am] 

BILLING CODE 4710–AE–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Notice of Product Exclusions: China’s 

Acts, Policies, and Practices Related to 

Technology Transfer, Intellectual 

Property, and Innovation 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of product exclusions. 

SUMMARY: Effective July 6, 2018, the U.S. 

Trade Representative (Trade 

Representative) imposed additional 

duties on goods of China with an annual 

trade value of approximately $34 billion 

(the $34 billion action) as part of the 

action in the Section 301 investigation 

of China’s acts, policies, and practices 

related to technology transfer, 

intellectual property, and innovation. 

The Trade Representative’s 

determination included a decision to 

establish a product exclusion process. 

The Trade Representative initiated the 

exclusion process in July 2018, and 

stakeholders have proceeded to submit 

requests for the exclusion of specific 

products. This notice announces the 

Trade Representative’s determination to 

grant certain exclusion requests, as 

specified in the Annex to this notice. 

The Trade Representative will continue 

to issue decisions on pending requests 

on a periodic basis. 

DATES: The product exclusions 

announced in this notice will apply as 

of the July 6, 2018 effective date of the 

$34 billion action, and will extend for 

one year after the publication of this 

notice. U.S. Customs and Border 

Protection will issue instructions on 

entry guidance and implementation. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about this notice, 

contact Assistant General Counsels 

Arthur Tsao or Megan Grimball, or 

Director of Industrial Goods Justin 

Hoffmann at (202) 395–5725. For 

specific questions on customs 

classification or implementation of the 

product exclusions identified in the 

Annex to this notice, contact 

traderemedy@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

For background on the proceedings in 

this investigation, please see the prior 

notices issued in the investigation, 

including 82 FR 40213 (August 23, 

2017), 83 FR 14906 (April 6, 2018), 83 

FR 28710 (June 20, 2018), 83 FR 33608 

(July 17, 2018), 83 FR 38760 (August 7, 

2018), and 83 FR 40823 (August 16, 

2018), 83 FR 47974 (September 21, 

2018), and 83 FR 65198 (December 19, 

2018). 

Effective July 6, 2018, the Trade 

Representative imposed additional 25 

percent duties on goods of China 

classified in 818 8-digit subheadings of 

the Harmonized Tariff Schedule of the 

United States (HTSUS), with an 

approximate annual trade value of $34 

billion. See 83 FR 28710. The Trade 

Representative’s determination included 

a decision to establish a process by 

which U.S. stakeholders may request 

exclusion of particular products 

classified within an 8-digit HTSUS 

subheading covered by the $34 billion 

action from the additional duties. The 

Trade Representative issued a notice 

setting out the process for the product 

exclusions, and opening a public 

docket. See 83 FR 32181 (the July 11 

notice). 

Under the July 11 notice, requests for 

exclusion had to identify the product 

subject to the request in terms of the 

physical characteristics that distinguish 

the product from other products within 

the relevant 8-digit subheading covered 

by the $34 billion action. Requestors 


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67464 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 

also had to provide the 10-digit 

subheading of the HTSUS most 

applicable to the particular product 

requested for exclusion, and could 

submit information on the ability of U.S. 

Customs and Border Protection to 

administer the requested exclusion. 

Requestors had to provide the quantity 

and value of the Chinese-origin product 

that the requestor purchased in the last 

three years. With regard to the rationale 

for the requested exclusion, requests 

had to address the following factors: 

• Whether the particular product only 

is available from China and specifically 

whether the particular product and/or a 

comparable product is available from 

sources in the United States and/or 

third countries. 

• Whether the imposition of 

additional duties on the particular 

product would cause severe economic 

harm to the requestor or other U.S. 

interests. 

• Whether the particular product is 

strategically important or related to 

‘‘Made in China 2025’’ or other Chinese 

industrial programs. 

The July 11 notice stated that the 

Trade Representative would take into 

account whether an exclusion would 

undermine the objective of the Section 

301 investigation. 

The July 11 notice required 

submission of requests for exclusion 

from the $34 billion action no later than 

October 9, 2018, and noted that the 

Trade Representative would 

periodically announce decisions. The 

Trade Representative regularly updates 

the status of each pending request and 

posts the status at https://ustr.gov/issueareas/enforcement/section-301- 

investigations/request-exclusion. 

B. Determination To Grant Certain 

Exclusions 

Based on the evaluation of the factors 

set out in the July 11 notice, which are 

summarized above, pursuant to sections 

301(b), 301(c), and 307(a) of the Trade 

Act of 1974, as amended, and in 

accordance with the advice of the 

interagency Section 301 Committee, the 

Trade Representative has determined to 

grant the product exclusions set out in 

the Annex to this notice. The Trade 

Representative’s determination also 

takes into account advice from advisory 

committees and any public comments 

on the pertinent exclusion requests. 

As set out in the Annex to this notice, 

the exclusions are established in two 

different formats: (1) As an exclusion of 

an existing 10-digit subheading from 

within an 8-digit subheading covered by 

the $34 billion action, or (2) as an 

exclusion reflected in specially 

prepared product descriptions. In 

particular, the exclusions take the form 

of seven 10-digit HTSUS subheadings, 

and 24 specially prepared product 

descriptions. 

In accordance with the July 11 notice, 

the exclusions are available for any 

product that meets the description in 

the Annex, regardless of whether the 

importer filed an exclusion request. 

Further, the scope of each exclusion is 

governed by the scope of the 10-digit 

headings and product descriptions in 

the Annex to this notice, and not by the 

product descriptions set out in any 

particular request for exclusion. 

The exclusions in the Annex cover 

approximately 1,000 separate exclusion 

requests: the excluded 10-digit 

subheadings cover 918 separate 

requests, and the 24 specially drafted 

product descriptions cover 

approximately 66 separate requests. 

As stated in July 11 Notice, the 

exclusions will apply as of the July 6, 

2018 effective date of the $34 billion 

action, and extend for one year after the 

publication of this notice. U.S. Customs 

and Border Protection will issue 

instructions on entry guidance and 

implementation. 

The Trade Representative will 

continue to issue determinations on 

pending requests on a periodic basis. 

Stephen Vaughn, 

General Counsel, Office of the U.S. Trade 

Representative. 

BILLING CODE3290–F9–C 


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ANNEX 

Effective with respect to goods entered for consumption, or withdrawn from warehouse for 

consumption, on or after 12:01 a.m. eastern daylight time on July 6, 2018, subchapter Ill of 

chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified: 

1. by inserting the following new heading 9903.88.05 in numerical sequence, with the 

material in the new heading inserted in the columns of the HTSUS labeled 

"Heading/Subheading", "Article Description", "Rates of Duty 1-General", respectively: 

Heading/ Rates of Duty 

Article Description 1 Subheading General Special 

"9903.88.05 Articles the product of China, as provided for 

in U.S. note 20(h) to this subchapter, each 

covered by an exclusion granted by the U.S. 

Trade Representative ..................... The duty 

provided in 

the 

applicable 

subheading" 

2. by inserting the following new U.S. note 20(h) to subchapter Ill of chapter 99 in 

numerical sequence: 

"(h) The U.S. Trade Representative determined to establish a process by which particular 

products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) 

could be excluded from the additional duties imposed by heading 9903.88.01. See 83 Fed. 

Reg. 28710 (June 20, 2018) and 83 Fed. Reg. 32181 (July 11, 2018). Pursuant to the product 

exclusion process, the U.S. Trade Representative has determined that the additional duties 

provided for in heading 9903.88.01 shall not apply to the following particular products, 

which are provided for in the enumerated statistical reporting numbers: 

(i) 8412.21.0075 

(ii) 8418.69.0120 

(iii) 8480.71.8045 

(iv) 8482.10.5044 

(v) 8482.10.5048 

(vi) 8482.10.5052 

(vii) 8525.60.1010 

(viii) Spark-ignition engines for marine propulsion, outboard, each rated at not less than 

29.83 kW but not more than 44.74 kW (described in statistical reporting number 

8407.21.0080) 

2 
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(ix) Welded hydraulic linear acting (cylinders) engines and motors, each with piston 

bore of 12.7 mm or more but not over 34.6 mm, with stroke not over 11.43 m, 

overall length not over 15.24 m and rod diameter not over 1.219 m (described in 

statistical reporting number 8412.21.0030) 

(x) Stretchers of stainless steel, designed to move rollers to adjust tension of paper 

fabric to be dried, each with a pivoting arm with an actuator, linear rail movement 

with an actuator, and front and back units with mounting holes for tube roll bearing 

housings (described in statistical reporting number 8419.90.2000) 

(xi) Roller machines with dies for embossing paper, manually powered (described in 

statistical reporting number 8420.10.9080) 

(xii) Salad spinners of plastics, with capacity of at least 2.4 liters but not more than 3.8 

liters (described in statistical reporting number 8421.19.0000) 

(xiii) Nonelectric water filtration apparatus consisting of three cylinder-shaped filter 

cartridges, each measuring 6.35 em by 26.67 em, having water storage tank and 

plastic tubing measuring 0.63 em or more but not over 0.95 em, presented with 

installation kit (described in statistical reporting number 8421.21.0000) 

(xiv) Winches, each having a winch frame with a corrosion resistant coating and stainless 

steel mandrel with nylon bushings, operated manually by a worm gear mechanism 

(described in statistical reporting number 8425.39.0100) 

(xv) Elevators, comprising L-shaped steel buckets bolted to a steel chain, with guide 

rollers and a drive system (described in statistical reporting number 8428.32.0000) 

(xvi) Belt conveyors, each comprising a frame with leveling feet, electric motor and food 

grade plastic conveyor belt (described in statistical reporting number 8428.33.0000) 

(xvii) Belt conveyors, each comprising a welded frame with leveling feet and casters, 

electric motor and food grade plastic modular conveyor belt (described in statistical 

reporting number 8428.33.0000) 

(xviii) Guards of stainless steel, designed to shield operators of papermaking machines 

from moving or rotating equipment, each with dimensions ranging from 30 em by 

30 em by 50 em to 50 em by 50 em by 4 m, weighing 30 kg or more but not over 100 

kg (described in statistical reporting number 8439.99.1000) 

(xix) Scrapers ("doctors") of stainless steel, designed to scrape impurities from the 

rotating roll surface of the forming and press sections of papermaking machines, 

each comprising a beam with a blade of non-symmetrical cross section, long aspect 

ratio, and mounting journals and turning devices on either end, with dimensions 

ranging from 50 em by 50 em by 8 m to 60 em by 6 m by 11 m, weighing 1 metric ton 

or more but not over 3 metric tons (described in statistical reporting number 

8439.99.1000) 

(xx) Frameworks of the forming and press section of papermaking machines, of stainless 

steel or cladded mild steel with stainless or acid proof steel, each with dimensions 

ranging from 1 m by 1 m by 1 m to 2.3 m by 2.3 m by 12 m, weighing 500 kg or more 

but not over 40 metric tons (described in statistical reporting number 8439.99.1000) 

(xxi) Guides of stainless steel, designed for locating conveyer belts on papermaking 

machines, each with a moving arm with an actuator and front and back units with 

mounting holes for tube roll bearing houses, each with dimensions ranging from 40 
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em by 50 em by 30 em to 1m by 1 m by 50 em, weighing 300 kg or more but not 

over 500 kg (described in statistical reporting number 8439.99.1000) 

(xxii) Rollers of steel and cast iron ("nip rollers") with bearing journals on either end, 

designed for use in paper manufacturing to mechanically compress paper web to 

remove water or impart desired mechanical properties in paper web, each with a 

polymer cover, the foregoing with length of 7 m or more but not over 12 m, with 

diameter of 1 m or more but not over 1.5 m, weighing 15 metric tons or more but 

not over 30 metric tons (described in statistical reporting number 8439.99.1000) 

(xxiii) Open containers ("savealls") of stainless steel, designed to catch water run off 

generated in the papermaking process, constructed of large square shaped plates 

and flat constructions with mounting holes on ends, each with dimensions ranging 

from 50 em by 50 em by 50 em to 1.5 m by 1 m by 10 m, weighing 50 kg or more but 

not over 2 metric tons (described in statistical reporting number 8439.99.1000) 

(xxiv) Stretchers of stainless steel, designed to move rollers of papermaking machines to 

adjust tension of fabric, each with a pivoting arm with an actuator, linear rail 

movement with an actuator and front and back units with mounting holes for tube 

roll bearing housings (described in statistical reporting number 8439.99.1000) 

(xxv) Suction boxes of stainless steel, which remove water from paper web or 

papermaking fabrics during papermaking, each with dimensions ranging from 50 em 

by 50 em by 8 m to 1 m by 1 m by 10 m, weighing 1.5 metric tons or more but not 

over 2 metric tons (described in statistical reporting number 8439.99.1000) 

(xxvi) Rollers of stainless steel or cast iron, designed for use in paper manufacturing to 

support and convey papermaking cloth (i.e. fabric) or the paper web, each weighing 

7 metric tons or more but not over 20 metric tons, measuring 7 m or more but not 

over 12 m in length, with diameter of 40 em or more but not over 1.5 m, presented 

with bearing journals on either end and a polymer cover (described in statistical 

reporting number 8439.99.1000) 

(xxvii) Workstands designed to use with miter saws, each with metal tube frame, 4 metal 

legs and 2 metal extension arms (described in statistical reporting number 

8466.92.5010) 

(xxviii) Workstands designed for use with miter saws, each with wheels to make workstand 

mobile and with sides that fold up to extend the work area (described in statistical 

reporting number 8466.92.5010) 

(xxix) Angle cock handle assemblies, of iron and steel, each measuring 11.43 em by 21.59 

em by 5.08 em and weighing 0.748 kg (described in statistical reporting number 

8481.90.9040) 

(xxx) Radiation therapy systems, each encased by steel-based structural shell with gantry 

cover comprising three pairs of plastics-based panels (described in statistical 

reporting number 9022.14.0000) 

(xxxi) Thermostats designed for air conditioning or heating systems, not designed to 

connect to the internet, the foregoing designed for wall mounting (described in 

statistical reporting number 9032.10.0030) 
67468 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices 

[FR Doc. 2018–28277 Filed 12–27–18; 8:45 am] 

BILLING CODE 3290–F9–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2018–0037] 

Request for Comments and Notice of 

a Public Hearing Regarding the 2019 

Special 301 Review 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Request for comments and 

notice of public hearing. 

SUMMARY: Each year, the Office of the 

United States Trade Representative 

(USTR) conducts a Special 301 review 

to identify countries that deny adequate 

and effective protection of intellectual 

property rights (IPR) or deny fair and 

equitable market access to U.S. persons 

who rely on intellectual property 

protection. Based on this review, the 

United States Trade Representative 

(Trade Representative) determines 

which, if any, of these countries to 

identify as Priority Foreign Countries. 

USTR requests written comments that 

identify acts, policies, or practices that 

may form the basis of a country’s 

identification as a Priority Foreign 

Country or placement on the Priority 

Watch List or Watch List. USTR also 

requests notices of intent to appear at 

the public hearing. 

DATES: 

February 7, 2019 at 11:59 p.m. EST: 

Deadline for submission of written 

comments, hearing statements, and 

notices of intent to appear at the hearing 

from the public. 

February 21, 2019 at 11:59 p.m. EST: 

Deadline for submission of written 

comments, hearing statements, and 

notices of intent to appear at the hearing 

from foreign governments. 

February 27, 2019: The Special 301 

Subcommittee will hold a public 

hearing at the Office of the United State 

Trade Representative, 1724 F Street NW, 

Rooms 1&2, Washington, DC. If 

necessary, the hearing may continue on 

the next business day. Please consult 

the USTR website at https://ustr.gov/ 

issue-areas/intellectual-property/ 

Special-301, for confirmation of the date 

and location and the schedule of 

witnesses. March 5, 2019 at 11:59 p.m. 

EST: Deadline for submission of posthearing written comments from persons 

who testified at the public hearing. 

On or about April 26, 2019: USTR 

will publish the 2019 Special 301 

Report within 30 days of the publication 

of the National Trade Estimate (NTE) 

Report. 

ADDRESSES: USTR strongly encourages 

electronic submissions made through 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

submission instructions in section IV 

below. The docket number is USTR– 

2018–0037. For alternatives to on-line 

submissions, please contact USTR at 

Special301@ustr.eop.gov before 

transmitting a comment and in advance 

of the relevant deadline. 

FOR FURTHER INFORMATION CONTACT: 

Sung Chang, Director for Innovation and 

Intellectual Property, at special301@

ustr.eop.gov. You can find information 

about the Special 301 Review at 

www.ustr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 182 of the Trade Act of 1974 

(Trade Act) (19 U.S.C. 2242), commonly 

known as the ‘‘Special 301’’ provisions, 

requires the Trade Representative to 

identify countries that deny adequate 

and effective IPR protections or fair and 

equitable market access to U.S. persons 

who rely on intellectual property 

protection. The Trade Act requires the 

Trade Representative to determine 

which, if any, of these countries to 

identify as Priority Foreign Countries. 

Acts, policies or practices that are the 

basis of a country’s identification as a 

Priority Foreign Country can be subject 

to the procedures set out in sections 

301–305 of the Trade Act (19 U.S.C. 

2411–2415). 

In addition, USTR has created a 

‘‘Priority Watch List’’ and ‘‘Watch List’’ 

to assist the Administration in pursuing 

the goals of the Special 301 provisions. 

Placement of a trading partner on the 

Priority Watch List or Watch List 

indicates that particular problems exist 

in that country with respect to IPR 

protection, enforcement, or market 

access for persons that rely on 


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