101682 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

local office prints a copy for the 

respondent’s ink signature, then submits 

the signed form to the RA headquarters. 

Kelly A Gauger, 

Deputy Director, PRM/A, Department of State. 

[FR Doc. 2024–29538 Filed 12–13–24; 8:45 am] 

BILLING CODE 4710–33–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Notice of Modification: China’s Acts, 

Policies, and Practices Related to 

Technology Transfer, Intellectual 

Property, and Innovation 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice of modification of 

actions. 

SUMMARY: In a notice published on 

September 18, 2024, the U.S. Trade 

Representative proposed additional 

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. Specifically, 

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. In a 

notice published on September 24, 

2024, USTR announced the opening of 

an electronic portal for interested 

parties to submit comments on the 

proposed tariff increases. This notice 

announces the U.S. Trade 

Representative’s determination to 

modify the actions being taken in this 

investigation by increasing tariff rates 

on the five subheadings. 

DATES: January 1, 2025, at 12:01 a.m. 

EST: Tariff increases on the tariff 

subheadings set out in the Annex to this 

notice are applicable with respect to 

products that are entered for 

consumption, or withdrawn from 

warehouse for consumption, on or after 

January 1, 2025. 

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 (June 20, 2018), and 83 FR 

40823 (August 16, 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. 

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). See 

May 28 notice. 

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, 2024) 

(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 covering certain 

tungsten products, wafers, and 

polysilicon. 

In accordance with Section 307(a)(2) 

of the Trade Act, USTR invited 

comments from interested persons and 

opened a 30-day docket on September 

24, 2024 (USTR–2024–0016). See 89 FR 

77958 (September 24, 2024) (September 

24 notice). 

B. Determination To Modify the Actions 

Pursuant to Sections 307(c) and 

307(a)(1) of the Trade Act (19 U.S.C. 

2417(c), (a)(1)), the U.S. Trade 

Representative may modify or terminate 

any action, subject to the specific 

direction, if any, of the President with 

respect to such action, that is being 

taken under Section 301 if the burden 

or restriction on U.S. commerce of the 

acts, policies, and practices that are the 

subject of such action has increased or 

decreased, or such action is being taken 

under Section 301(b) and no longer is 

appropriate. 

As previously discussed, modification 

of the actions is warranted under 

Section 307(a)(1)(B) and Section 

307(a)(1)(C). See 89 FR 76581 

(September 18, 2024). The modifications 

to the actions are set out in the Annex 

to this notice. The U.S. Trade 

Representative’s determination takes 

account of the public comments, the 

President’s Memorandum and the 

policy rationale underlying the 

President’s direction, as well as the 

advice of the interagency Section 301 

committee and appropriate advisory 

committees. 

Any product listed in the Annex to 

this notice, which is subject to the 

additional duties imposed by this 

determination, and that is admitted into 

a U.S. foreign trade zone, except any 

product that is eligible for admission 

under ‘‘domestic status’’ as defined in 

19 CFR 146.43, only may be admitted as 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 101683 

‘‘privileged foreign status,’’ as defined 

in 19 CFR 146.41, effective as of the date 

that the additional duties are imposed. 

Products of China that are provided for 

in headings 9903.91.11 and listed in 

subdivision (j) of U.S. note 31 to 

subchapter III of chapter 99 of the 

HTSUS, which are admitted into a U.S. 

foreign trade zone on or after 12:01 a.m. 

eastern daylight time on January 1, 

2025, only may be admitted as 

‘‘privileged foreign status.’’ All such 

products will be subject upon entry for 

consumption to any ad valorem rates of 

duty or quantitative limitations related 

to the classification under the 

applicable HTSUS subheading. 

C. USTR’s Responses to Significant 

Comments 

As discussed above, in light of 

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 falling under 2 of 

the 14 categories of products proposed 

for tariff increases. Specifically, the U.S. 

Trade Representative proposed 

increasing tariffs to 25 percent for 3 

additional subheadings under ‘‘other 

critical minerals’’ covering certain 

tungsten products and proposed 

increasing tariffs to 50 percent for 2 

additional subheadings under ‘‘solar 

cells’’ covering wafers and polysilicon. 

See 89 FR 76581. 

Tungsten Subheadings: Consistent 

with the President’s Memorandum to 

increase tariffs on other critical minerals 

to 25 percent, the U.S. Trade 

Representative proposed increasing 

tariffs to 25 percent on 3 additional 

subheadings covering certain tungsten 

products: 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); and 8101.99.80 (Tungsten, 

articles nesoi). 

Comments supporting increases 

primarily assert that increasing tariffs on 

tungsten products is vital to the security 

and the resilience of domestic supply 

chains for critical U.S. industries, 

including aerospace, automotive, 

defense, medical, and the oil and gas 

industries. Some supporting comments 

recommend tariff rates as high as 75 

percent to address China’s efforts to 

dominate and undercut domestic 

production. 

Comments opposing increases 

primarily assert limited availability of 

tungsten products outside of China, 

estimating that China accounts for 

approximately 80 percent of global 

tungsten reserves, and insufficient 

quantities available from third country 

sources. These comments express 

concerns that increased tariffs on 

tungsten will increase production costs, 

exacerbate inflation, harm U.S. 

competitiveness, and decrease U.S. 

market share. One comment encouraged 

USTR to take alternative actions to 

tariffs. 

Considering the comments and the 

advice of the Section 301 Committee, 

and consistent with the President’s 

direction to increase tariffs on other 

critical minerals to 25 percent, the U.S. 

Trade Representative has determined to 

increase tariffs on the 3 tungsten 

subheadings to 25 percent beginning in 

2025. Continued reliance on China for 

tungsten products leaves U.S. supply 

chains vulnerable and puts U.S. 

national security at risk. Imports from 

China continue to undercut domestic 

production, and increasing tariffs will 

make domestic producers more 

competitive, which will increase 

leverage on China to eliminate its 

harmful acts, policies, and practices, 

and reduce vulnerability to those 

harmful acts, policies, and practices. 

Increasing duties on these products will 

support current investments, stimulate 

greater domestic production, and spur 

additional investments in domestic 

capacity. 

Polysilicon and Wafer Subheadings: 

Consistent with the President’s 

Memorandum to increase tariffs on solar 

cells to 50 percent, the U.S. Trade 

Representative proposed increasing 

tariffs to 50 percent on 2 subheadings 

covering polysilicon and wafers: 

2804.61.00 (Silicon containing by 

weight not less than 99.99 percent of 

silicon); and 3818.00.00 (Chemical 

elements doped for use in electronics, in 

the form of discs, wafers etc., chemical 

compounds doped for electronic use). 

Nearly all comments support 

increasing tariffs on polysilicon, noting 

the importance of the tariffs in helping 

to ensure the development and growth 

of the domestic industry producing 

polysilicon and downstream products 

and develop alternative supply chains 

outside of China. Specifically, the 

comments assert that the tariffs help to 

support recent investments by the 

domestic industry and increasing the 

tariffs to 50 percent will further support 

additional domestic production 

scheduled to come online in 2025. 

USTR received one comment opposing 

the tariff increase. The comment asserts 

that Section 301 tariffs have not resulted 

in changing China’s behavior and 

increasing the tariff will only increase 

prices for domestic companies. 

The majority of comments support 

increasing tariffs on wafers. The 

comments note that increasing tariffs 

will increase the effectiveness of the 

actions, provide additional support to 

the domestic industry, including recent 

investments, and help to strengthen 

alternative supply chains. Specifically, 

commenters note that higher tariffs will 

counteract China’s unfair practices, 

which have allowed Chinese companies 

to dominate supply chains, and allow 

domestic producers to increase 

production, and continue to invest in 

additional capacity. To give domestic 

producers time to increase production, 

some of the comments supporting 

higher tariffs either suggest delaying the 

tariffs or allowing for certain exclusions. 

Other comments supporting higher 

tariffs suggest increasing tariffs 

immediately. Comments opposing the 

tariffs generally assert that the tariffs 

have not been effective and only 

negatively impacted the U.S. economy. 

One comment opposing the tariff 

increase suggests delaying the increase 

until domestic production has 

increased. 

Considering the comments and the 

advice of the Section 301 Committee, 

and consistent with the President’s 

direction to increase tariffs on solar cells 

to 50 percent, the U.S. Trade 

Representative has determined to 

increase tariffs on polysilicon and 

wafers to 50 percent in 2025. Increasing 

tariffs on polysilicon and wafers will 

complement recent investments, 

encourage diversification away from 

Chinese sources, provide additional 

leverage with China to eliminate the 

investigated acts, policies, and 

practices, and reduce vulnerability to 

those harmful acts, policies, and 

practices. While increasing tariffs may 

result in higher prices initially, the 

tariffs are necessary to allow domestic 

producers to compete against China’s 

massive excess capacity, defend recent 

investments, and encourage more 

domestic manufacturing. 

The U.S. Trade Representative will 

continue to consider the actions taken 

in this investigation. In the event that 

further modifications are appropriate, 

the U.S. Trade Representative intends to 

take into account the extensive public 

comments provided in response to the 

May 28 notice and the September 24 

notice. 

D. Technical Correction 

In the September 18 notice, USTR 

announced that it had determined to 

increase the rate of additional duties on 

medical gloves of vulcanized rubber, 


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101684 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

other than hard rubber, to 50 percent in 

2025 and to 100 percent in 2026. The 

additional 100 percent duties that were 

to be effective on January 1, 2026, were 

provided for in HTSUS heading 

9903.91.08. Due to a publishing error in 

the Federal Register notice, heading 

9903.91.08 did not contain the 

additional duties in the Rates of Duty 

1—General column. To correct this 

error, USTR is making a technical 

correction to heading 9903.91.08 in 

Annex B(4) to insert the additional 100 

percent duties that are to be effective on 

January 1, 2026. 

Annex A—Tariff Increases 

HTSUS subheading Product description Rate (%) Timing 

8101.94.00 ........................ Tungsten, unwrought (including bars and rods obtained simply by sintering ......... 25 2025 

8101.99.10 ........................ Tungsten bars and rods (o/than those obtained simply by sintering), profiles, 

plates, sheets, strip and foil.

25 2025 

8101.99.80 ........................ Tungsten, articles nesoi ........................................................................................... 25 2025 

2804.61.00 ........................ Silicon containing by weight not less than 99.99 percent of silicon ........................ 50 2025 

3818.00.00 ........................ Chemical elements doped for use in electronics, in the form of discs, wafers etc., 

chemical compounds doped for electronic use.

50 2025 

Annex B—Changes to Harmonized 

Tariff Schedule of the United States 

1. 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 

January 1, 2025, subchapter III of 

chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTSUS) 

is modified: 

A. by inserting the following new 

heading 9903.91.11 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’’, ‘‘Rates of Duty 1-Special’’ and 

‘‘Rates of Duty 2’’, respectively: 

Heading/ 

subheading Article description 

Rates of Duty 

1 

2 

General Special 

‘‘9903.91.11 ........ Effective with respect to entries on or after January 

1, 2025, articles the product of China, as provided 

for in subdivision (j) of U.S. note 31 to this subchapter.

The duty provided in the applicable 

subheading + 25%’’.

B. by inserting the following new 

subdivision (j) to note 31 to subchapter 

III of chapter 99 of the HTSUS: 

‘‘(j) Heading 9903.91.11 applies to 

products of China that are classified in 

the following 8-digit subheadings, 

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 

January 1, 2025: 

(1) 8101.94.00 

(2) 8101.99.10 

(3) 8101.99.80’’. 

C. Subdivision (a) of note 31 to 

subchapter III of chapter 99 of the 

HTSUS is modified by deleting ‘‘and 

9903.91.08’’ in six instances and 

inserting ‘‘, 9903.91.08 and 9903.91.11’’ 

in lieu thereof in those six instances. 

2. 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 

January 1, 2025, subchapter III of 

chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTSUS) 

is modified: 

A. by deleting ‘‘2804.61.00’’ and 

‘‘3818.00.00’’ from subdivision (f) of 

note 20 to subchapter III of chapter 99 

of the HTSUS; and 

B. subdivision (f) of note 31 to 

subchapter III of chapter 99 of the 

HTSUS is modified by inserting ‘‘(1) 

2804.61.00’’ and ‘‘(2) 3818.00.00’’ in 

numerical order and by renumbering the 

remaining subheadings listed in 

subdivision (f) of note 31 in numerical 

order, beginning with ‘‘(3) 4015.12.10’’. 

3. Effective on January 1, 2026, 

subdivision (f) of note 31 to subchapter 

III of chapter 99 of the HTSUS is 

modified by deleting ‘‘(3) 4015.12.10’’. 

4. The Rates of Duty 1-General 

column of heading 9903.91.08 is 

modified by inserting ‘‘The duty 

provided in the applicable subheading + 

100%’’. 

Juan Millan, 

Acting General Counsel, Office of the United 

States Trade Representative. 

[FR Doc. 2024–29462 Filed 12–13–24; 8:45 am] 

BILLING CODE 3390–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No.: FAA–2024–0195; Summary 

Notice No. 2024–45] 

Petition for Exemption; Summary of 

Petition Received; Wheels Up 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, the 

FAA’s exemption process. Neither 

publication of this notice nor the 

inclusion nor omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before January 6, 

2025. 

ADDRESSES: Send comments identified 

by docket number FAA–2024–0195 

using any of the following methods: 


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