77958 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Comments on Proposed 

Modifications: China’s Acts, Policies 

and Practices Related to Technology 

Transfer, Intellectual Property and 

Innovation 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Request for comments. 

SUMMARY: In a notice published on 

September 18, 2024, the U.S. Trade 

Representative announced certain 

modifications to the actions taken in the 

Section 301 investigation of China’s 

acts, policies, and practices related to 

technology transfer, intellectual 

property, and innovation, including 

imposing additional Section 301 duties 

or increasing the rate of existing Section 

301 duties, on certain products of China 

in strategic sectors. Additionally, the 

U.S. Trade Representative proposed 

increasing Section 301 tariff rates on 

five subheadings of the Harmonized 

Tariff Schedule of the United States 

(HTSUS) covering certain tungsten 

products, wafers, and polysilicon. This 

notice announces that USTR will open 

an electronic portal on September 23, 

2024 for interested parties to submit 

comments on the proposed tariff 

increases for the five subheadings. 

DATES: September 23, 2024, at 12:01 

a.m. EDT: The public docket on the web 

portal at https://comments.ustr.gov will 

open for interested persons to submit 

comments on the proposed additional 

modifications. 

October 22, 2024, at 11:59 p.m. EST: 

To be assured of consideration, submit 

written comments on the public docket 

by this date. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about this notice, 

contact Philip Butler and Megan 

Grimball, Chairs of the Section 301 

Committee at 202.395.5725. For specific 

questions on customs classification, 

contact traderemedy@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

For background on the proceedings in 

this investigation, please see the prior 

notices including 82 FR 40213 (August 

24, 2017), 83 FR 14906 (April 6, 2018), 

83 FR 28710 (July 6, 2018), and 83 FR 

40823 (August 23, 2018). 

On September 8, 2022, USTR 

announced that in accordance with 

Section 307(c)(3) of the Trade Act (19 

U.S.C. 2417(c)(3)), the U.S. Trade 

Representative would conduct a review 

of the two actions taken, as modified, in 

this investigation. See 87 FR 55073. 

Based on information obtained during 

the review, USTR, in consultation with 

the Section 301 Committee, prepared a 

comprehensive report that included 

findings on the effectiveness of the 

actions taken in this investigation in 

achieving the objectives of the 

investigation, other actions that could 

be taken, and the effects of such actions 

on the United States economy, 

including consumers. The report, FourYear Review of Actions Taken in the 

Section 301 Investigation: China’s Acts, 

Policies, and Practices Related to 

Technology Transfer, Intellectual 

Property, and Innovation (Report), was 

published on May 14, 2024, and is 

available on the USTR website. 

On May 14, 2024, taking into 

consideration the U.S. Trade 

Representative’s findings in the Report 

and recommendations, the President 

issued a Memorandum (President’s 

Memorandum) that directed the U.S. 

Trade Representative to: ‘‘maintain, as 

appropriate and consistent with this 

memorandum, the ad valorem rates of 

duty and lists of products subject to the 

[actions] taken under the Section 301 

investigation’’ and ‘‘[t]o further 

encourage China to eliminate the acts, 

policies, and practices at issue, and to 

counteract the burden or restriction of 

these acts, policies, and practices, the 

Trade Representative shall modify the 

[actions taken in the investigation] to 

increase Section 301 ad valorem rates of 

duty’’ for certain specified products of 

China. See https://www.whitehouse.gov/ 

briefing-room/presidential-actions/ 

2024/05/14/memorandum-on-actionsby-the-united-states-related-to-thestatutory-4-year-review-of-the-section301-investigation-of-chinas-actspolicies-and-practices-related-totechnology-transfer-intellectua/. In 

particular, the President’s Memorandum 

specified 14 categories of products for 

proposed tariff increases, tariff rates for 

those products, and year for tariff 

increases. 

The President also directed the U.S. 

Trade Representative to establish a 

process by which interested persons 

may request that particular machinery 

used in domestic manufacturing 

classified within a subheading under 

Chapters 84 and 85 of the HTSUS be 

temporarily excluded from Section 301 

tariffs, and directed the U.S. Trade 

Representative to prioritize, in 

particular, exclusions for certain solar 

manufacturing equipment. 

B. Proposed Modifications 

Consistent with the President’s 

direction, USTR issued a Federal 

Register notice with proposed 

modifications, including proposed 

increases in Section 301 duties on 382 

HTSUS subheadings and 5 statistical 

reporting numbers of the HTSUS, with 

an approximate annual trade value of 

$18 billion (2023). See 89 FR 46252 

(May 28, 2024) (May 28 notice). 

In accordance with Section 307(a)(2) 

of the Trade Act (19 U.S.C. 2417(a)(2)), 

USTR invited comments from interested 

persons and opened a 30-day docket on 

May 29, 2024 (USTR–2024–0007). With 

respect to the proposed tariff increases, 

USTR requested commenters to address 

the effectiveness of the proposed 

modification, the effects of the proposed 

modification on the U.S. economy, 

including consumers, and whether the 

tariff subheadings or statistical reporting 

numbers identified for each product or 

sector adequately cover the products 

and sectors included in the President’s 

direction to the U.S. Trade 

Representative. 

On September 18, 2024, the U.S. 

Trade Representative announced 

modifications to the actions, including 

certain adjustments to the modifications 

proposed in the May 28 notice. See 89 

FR 76581 (September 18 notice). 

Additionally, and based on comments 

requesting that certain HTSUS 

subheadings be added to the 382 

HTSUS subheadings proposed for tariff 

increases, the U.S. Trade Representative 

proposed increasing Section 301 duties 

on 5 additional HTSUS subheadings. 

Specifically, the U.S. Trade 

Representative proposed increasing 

tariffs to 25 percent for 3 subheadings 

covering certain tungsten products and 

proposed increasing tariffs to 50 percent 

for 2 subheadings covering wafers and 

polysilicon. See 89 FR 76581. The 

September 18 notice also announced 

that USTR would publish a separate 

notice with procedures for interested 

parties to provide views on the five 

subheadings proposed for tariff 

increases. 

The five subheadings proposed for 

tariff increases are: 

• 8101.94.00 (Tungsten, unwrought 

(including bars and rods obtained 

simply by sintering)). 

• 8101.99.10 (Tungsten bars and rods 

(o/than those obtained simply by 

sintering), profiles, plates, sheets, strip 

and foil). 

• 8101.99.80 (Tungsten, articles 

nesoi). 

• 2804.61.00 (Silicon containing by 

weight not less than 99.99 percent of 

silicon). 

• 3818.00.00 (Chemical elements 

doped for use in electronics, in the form 

of discs, wafers etc., chemical 

compounds doped for electronic use). 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77959 

C. Request for Public Comments 

In accordance with Section 307(a)(2) 

of the Trade Act (19 U.S.C. 2417(a)(2)), 

USTR invites comments from interested 

persons with respect to the proposed 

modifications. To be assured of 

consideration, you must submit written 

comments by October 22, 2024. With 

respect to USTR’s proposed tariff 

increases on the five subheadings listed 

in Section B, interested persons are 

invited to comment on: 

• The extent to which the proposed 

modification would enhance the 

effectiveness of the tariff actions in 

obtaining the elimination of or in 

counteracting China’s acts, policies, and 

practices related to technology transfer, 

intellectual property and innovation. 

• The likely effects of the proposed 

modification on the U.S. economy, 

including consumers. 

D. Procedures for Written Submissions 

You must submit written comments 

using the appropriate docket on the 

portal at https://comments.ustr.gov/. To 

submit written comments, use the 

docket on the portal entitled Request for 

Comments: Proposed Modifications to 

the Section 301 Actions, docket number 

USTR–2024–0016. You do not need to 

establish an account to submit 

comments. The first screen of the docket 

allows you to enter identification and 

contact information. Third party 

organizations such as law firms, trade 

associations, or customs brokers, should 

identify the full legal name of the 

organization they represent, and 

identify the primary point of contact for 

the submission. Information fields are 

optional; however, your comment may 

not be considered if insufficient 

information is provided. 

Fields with a gray Business 

Confidential Information (BCI) notation 

are for BCI that will not be made 

publicly available. Fields with a green 

(Public) notation will be viewable by the 

public. 

After entering the identification and 

contact information, you can complete 

the remainder of the comment, or any 

portion of it by clicking ‘Next.’ You may 

upload documents at the end of the 

form and indicate whether USTR should 

treat the documents as business 

confidential or public information. 

Clearly mark any page containing BCI 

as ‘BUSINESS CONFIDENTIAL’ on the 

top of that page and clearly indicate, via 

brackets, highlighting, or other means, 

the specific information that is BCI. If 

you request business confidential 

treatment, you must certify in writing 

that the information would not 

customarily be released to the public. 

Parties uploading attachments 

containing BCI also must submit a 

public version of their comments. If 

these procedures are not sufficient to 

protect BCI or otherwise protect 

business interests, please contact the 

USTR Section 301 support line at 

202.395.5725 to discuss whether 

alternative arrangements are possible. 

USTR will post attachments uploaded to 

the docket for public inspection, except 

for properly designated BCI. You can 

view submissions on USTR’s electronic 

portal at https://comments.ustr.gov. 

Juan Millan, 

Acting General Counsel, Office of the United 

States Trade Representative. 

[FR Doc. 2024–21773 Filed 9–23–24; 8:45 am] 

BILLING CODE 3390–F4–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Notice With Respect To List of 

Countries Denying Fair Market 

Opportunities for Government-Funded 

Airport Construction Projects 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: The U.S. Trade 

Representative has determined not to 

list any countries as denying fair market 

opportunities for U.S. products, 

suppliers, or bidders in foreign 

government-funded airport construction 

projects. 

FOR FURTHER INFORMATION CONTACT: Kate 

Psillos, Deputy Assistant U.S. Trade 

Representative for WTO and 

Multilateral Affairs, Kathryn.W.Psillos@

ustr.eop.gov or 202.395.9581, or Edward 

Marcus, Assistant General Counsel, 

Edward.D.Marcus@ustr.eop.gov or 

202.395.0448. 

SUPPLEMENTARY INFORMATION: Section 

533 of the Airport and Airway 

Improvement Act of 1982, as amended 

by section 115 of the Airport and 

Airway Safety and Capacity Expansion 

Act of 1987, Public Law 100–223 

(codified at 49 U.S.C. 50104), requires 

the U.S. Trade Representative to decide 

whether any foreign country has denied 

fair market opportunities to U.S. 

products, suppliers, or bidders in 

connection with airport construction 

projects of $500,000 or more that are 

funded in whole or in part by the 

government of such country. The Office 

of the United States Trade 

Representative has not received any 

complaints or other information 

indicating that U.S. products, suppliers, 

or bidders are being denied fair market 

opportunities in such airport 

construction projects. As a consequence, 

the U.S. Trade Representative has 

decided not to list any countries as 

denying fair market opportunities for 

U.S. products, suppliers, or bidders in 

foreign government-funded airport 

construction projects. 

Jamila Thompson, 

Chief of Staff, Office of the United States 

Trade Representative. 

[FR Doc. 2024–21772 Filed 9–23–24; 8:45 am] 

BILLING CODE 3390–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Cancellation of 

Environmental Impact Statement for 

the West Virginia International Yeager 

Airport, Charleston, West Virginia 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of cancellation of 

preparation of environmental impact 

statement. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces that it 

has discontinued preparation of an 

Environmental Impact Statement (EIS) 

for the proposed Airfield, Safety, and 

Terminal Improvement Project at West 

Virginia International Yeager Airport 

(CRW) in Charleston, West Virginia. The 

FAA’s discontinued preparation of the 

EIS is based on the need for additional 

planning studies to support the 

proposed development following 

changes to operations at CRW. The FAA 

originally placed the EIS on pause on 

March 27, 2024 and is now cancelling 

the EIS due to the additional time 

needed to conduct the necessary 

studies. 

DATES: The effective date for 

cancellation of the EIS at West Virginia 

International Yeager Airport is 

September 18, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Andrew Brooks, Environmental Program 

Manager, Eastern Regional Office, AEA– 

610, Federal Aviation Administration, 1 

Aviation Plaza, Jamaica, NY 11434. 

Telephone: 718–553–2511. 

SUPPLEMENTARY INFORMATION: The FAA 

published a Notice of Intent (NOI) to 

prepare an EIS for CRW in the Federal 

Register on September 29, 2022 (Notice 

of Intent To Prepare an Environmental 

Impact Statement, Initiate Section 106 

Consultation, and Request for Scoping 

Comments, 87 FR 59158–60, September 

29, 2022). Two in-person public scoping 

meetings were held on November 2 and 


lotter on DSK11XQN23PROD with NOTICES1