30350 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 

signify that it has exercised the 

authority granted and fully abandoned 

the Line. If consummation has not been 

effected by the City’s filing of a notice 

of consummation by June 7, 2022, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: June 1, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–11822 Filed 6–4–21; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2021–0004] 

Notice of Action in the Section 301 

Investigation of Italy’s Digital Services 

Tax 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: On January 6, 2021, the U.S. 

Trade Representative announced a 

determination that Italy’s Digital 

Services Tax (DST) is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce. This notice announces 

the U.S. Trade Representative’s 

determination to take action in the form 

of additional duties of 25 percent on the 

products of Italy specified in Annex A 

to this notice. The U.S. Trade 

Representative has further determined 

to suspend application of the additional 

duties for a period of up to 180 days. 

DATES: 

June 2, 2021: The U.S. Trade 

Representative determined to take 

action in the form of additional duties 

of 25 percent on products of Italy 

specified in Annex A. 

November 29, 2021: The end of the 

180-day suspension period for the 

additional duties. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning the investigation, 

please contact Benjamin Allen, Thomas 

Au, or Patrick Childress, Assistant 

General Counsels at: (202) 395–9439, 

(202) 395–0380, and (202) 385–9531, 

respectively; Robert Tanner, Director, 

Services and Investment at (202) 395– 

6125; or Michael Rogers, Director for 

Europe and the Middle East at (202) 

395–2684. For specific questions on 

customs classification or 

implementation of additional duties on 

products, contact traderemedy@cbp.gov. 

SUPPLEMENTARY INFORMATION: 

I. Proceedings in the Investigation 

Italy has adopted a DST that applies 

to companies that during the previous 

calendar year, generated Ö750 million or 

more in worldwide revenues and Ö5.5 

million or more in revenues deriving 

from the provision of digital services in 

Italy. On June 2, 2020, the U.S. Trade 

Representative initiated an investigation 

of Italy’s DST pursuant to section 

302(b)(1)(A) of the Trade Act of 1974, as 

amended (Trade Act). See 85 FR 34709 

(June 5, 2020) (notice of initiation). The 

notice of initiation solicited written 

comments on, inter alia, the following 

aspects of Italy’s DST: Discrimination 

against U.S. companies; retroactivity; 

and possibly unreasonable tax policy. 

With respect to tax policy, USTR 

solicited comments on, inter alia, 

whether the DST diverged from 

principles reflected in the U.S. and 

international tax systems including 

extraterritoriality; taxing revenue not 

income; and a purpose of penalizing 

particular technology companies for 

their commercial success. Interested 

persons filed over 380 written 

submissions in response. The public 

submissions are available on 

www.regulations.gov in docket number 

USTR–2020–0022. 

Under section 303 of the Trade Act, 

the U.S. Trade Representative requested 

consultations with the government of 

Italy regarding the issues involved in 

the investigation. Consultations were 

held on November 10, 2020. Based on 

information obtained during the 

investigation, USTR prepared a 

comprehensive report on Italy’s DST, 

which is posted on the USTR website at 

https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

report includes a full description of 

Italy’s DST, and supports findings that 

Italy’s DST is unreasonable and 

discriminatory and burdens or restricts 

U.S. commerce. On January 6, 2021, 

based on the information obtained 

during the investigation and the advice 

of the Section 301 Committee, the U.S. 

Trade Representative determined that 

Italy’s DST is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce, and therefore is 

actionable under sections 301(b) and 

304(a) of the Trade Act. See 86 FR 2477 

(January 12, 2021). 

On March 31, 2021, USTR issued a 

notice proposing that appropriate action 

would include additional ad valorem 

duties of up to 25 percent on products 

of Italy to be drawn from a list of 59 

tariff subheadings of the Harmonized 

Tariff Schedule of the United States 

(HTSUS) included in the annex to that 

notice. The March 31, 2021 notice 

requested comments on the proposed 

action as well as on other potential 

actions in the investigation. Witnesses 

provided testimony at public hearings 

on May 3 and May 6, 2021, and 

interested persons filed written 

comments. Transcripts from the 

hearings are available on the USTR 

website at: https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

written public submissions are available 

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

docket?docketNumber=USTR-2021- 

0004 and https://comments.ustr.gov/s/ 

docket?docketNumber=USTR-2021- 

0008. 

II. Determination of Action To Be 

Taken in the Investigation 

In accordance with section 301(b) of 

the Trade Act, the U.S. Trade 

Representative has determined that 

action is appropriate in this 

investigation. Section 301(b) provides 

that upon determining that the acts, 

policies, and practices under 

investigation are actionable and that 

action is appropriate, the U.S. Trade 

Representative shall take all appropriate 

and feasible action authorized under 

section 301(c) of the Trade Act, subject 

to the specific direction, if any, of the 

President regarding such action, and all 

other appropriate and feasible action 

within the power of the President that 

the President may direct the U.S. Trade 

Representative to take under section 

301(b), to obtain the elimination of that 

act, policy, or practice. Section 

304(a)(2)(B) provides that the U.S. Trade 

Representative shall make the 

determination of what action to take on 

or before the date that is 12 months after 

the date on which the investigation was 

initiated, or in this case, by June 2, 

2021. 

Pursuant to sections 301(b) and (c) of 

the Trade Act, and in accordance with 

the advice of the Section 301 

Committee, the U.S. Trade 

Representative has determined that 

appropriate action is the imposition of 

ad valorem duties of 25 percent on 

products of Italy specified in Annex A 

to this notice. Annex A contains a list 

of 44 tariff subheadings, with an 

estimated trade value for calendar year 

2019 of approximately $386 million. In 

making this determination, the U.S. 

Trade Representative considered the 

public comments submitted in the 

investigation, as well as advice of 

advisory committees. In determining the 

level of trade covered by the additional 

duties, the U.S. Trade Representative 

considered the value of digital 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30351 

transactions covered by Italy’s DST and 

the amount of taxes assessed by Italy on 

U.S. companies. Estimates indicate that 

the value of the DST payable by U.S.- 

based company groups to Italy will be 

up to approximately $140 million per 

year. The level of trade covered by the 

action takes into account estimates of 

the amount of tariffs to be collected on 

goods of Italy and the estimates of the 

amount of taxes assessed by Italy. 

Section 305(a) of the Trade Act 

provides, in pertinent part, that the U.S. 

Trade Representative may delay 

implementation of the action to be taken 

for up to 180 days ‘‘if the Trade 

Representative determines that 

substantial progress is being made, or 

that a delay is necessary or desirable 

. . . to obtain . . . [a] satisfactory 

solution with respect to the acts, 

policies, or practices that are the subject 

of the action.’’ Pursuant to section 

305(a), the U.S. Trade Representative 

has determined to suspend the 

additional duties for up to 180 days 

(that is, up to November 29, 2021) to 

allow additional time for multilateral 

and bilateral discussions that could lead 

to a satisfactory resolution of this 

matter. 

In order to implement this 

determination, subchapter III of chapter 

99 of the HTSUS is modified by Annex 

A of this notice. Annex A is effective 

with respect to goods entered for 

consumption, or withdrawn from 

warehouse for consumption, on or after 

12:01 a.m. eastern standard time on 

November 29, 2021, which is 180 days 

after the determination of action. In the 

event the U.S. Trade Representative 

determines that the suspension of the 

additional duties should be for less than 

a period of 180 days, USTR will issue 

a subsequent notice amending the 

effective date. For informational 

purposes, Annex B contains a list of the 

tariff subheadings covered by the tariff 

action along with short product 

descriptions. In all cases, the formal 

language in Annex A governs the tariff 

treatment of products covered by the 

action. As specified in Annex A, 

products provided for in new HTSUS 

heading 9903.90.04 will be subject to an 

additional ad valorem duty of 25 

percent. The additional duties provided 

for in the new HTSUS heading 

established by Annex A apply in 

addition to all other applicable duties, 

fees, exactions, and charges. 

Any product listed in Annex A, 

except any product that is eligible for 

admission under ‘domestic status’ as 

defined in 19 CFR 146.43, which is 

subject to the additional duty imposed 

by this determination, and is admitted 

into a U.S. foreign trade zone on or after 

12:01 a.m. eastern standard time on 

November 29, 2021, only may be 

admitted as ‘privileged foreign status’ as 

defined in 19 CFR 146.41. 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. 

The U.S. Trade Representative will 

continue to monitor the effect of the 

trade action, the progress of discussions 

in the Organisation for Economic Cooperation and Development and G20, 

the progress of discussions with Italy, 

and may adopt appropriate 

modifications. If a modification to the 

action may be appropriate, the U.S. 

Trade Representative will consider the 

comments received in response to the 

March 31, 2021 notice. 

Greta Peisch, 

General Counsel, Office of the United States 

Trade Representative. 

Annex A 

Effective with respect to goods 

entered for consumption, or withdrawn 

from warehouse for consumption, on or 

after 12:01 a.m. eastern standard time on 

November 29, 2021, subchapter III of 

chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTSUS) 

is modified: 

1. By inserting the following new U.S. 

notes 25(a) and 25(b) to subchapter III 

of chapter 99 in numerical sequence: 

‘‘25 (a) For the purposes of heading 

9903.90.04, products of Italy, as 

specified in this note, shall be subject to 

additional duties as provided herein. 

All products of Italy that are classified 

in the subheadings enumerated in this 

note are subject to the additional duties 

imposed by heading 9903.90.04. The 

duties imposed by heading 9903.90.04 

shall be in addition to the general duty 

rates provided for in the applicable 

provisions of the tariff schedule. 

Products of Italy that are classified in 

the subheadings enumerated in this note 

and that are eligible for temporary duty 

exemptions or reductions under 

subchapter II to chapter 99 shall be 

subject to the additional duties imposed 

by heading 9903.90.04, and any such 

duty exemption or reduction shall apply 

only to the permanent general rate 

prescribed in provisions of chapters 1 

through 97 of the tariff schedule. 

The additional duties imposed by 

heading 9903.90.04 do not apply to 

goods for which entry is properly 

claimed under a provision of chapter 98 

of the HTSUS, except for goods entered 

under subheadings 9802.00.40, 

9802.00.50 and 9802.00.60 and heading 

9802.00.80. For subheadings 9802.00.40, 

9802.00.50 and 9802.00.60, the 

additional duties apply to the value of 

repairs, alterations or processing 

performed in Italy and as described in 

the applicable subheading. For heading 

9802.00.80, the additional duties apply 

to the value of the article less the cost 

or value of such products of the United 

States, as described in heading 

9802.00.80. 

Products of Italy that are provided for 

in heading 9903.90.04 and classified in 

one of the subheadings enumerated in 

note 25(b) to this subchapter shall 

continue to be subject to antidumping, 

countervailing or other duties 

(including duties imposed by other 

provisions of subchapter III of this 

chapter and safeguard duties set forth in 

provisions of subchapter IV of this 

chapter), fees, exactions and charges 

that apply to such products, as well as 

to the additional duties imposed herein. 

(b) Heading 9903.90.04 shall apply to 

all products of Italy that are classified in 

the subheadings enumerated below: 

1604.31.00 

1604.32.40 

3303.00.20 

3307.90.00 

4202.29.10 

4202.29.50 

4202.29.90 

6103.10.10 

6103.31.00 

6103.32.00 

6103.33.20 

6103.39.80 

6104.32.00 

6104.33.20 

6110.30.10 

6117.80.20 

6117.80.87 

6203.19.10 

6203.31.90 

6203.32.10 

6203.32.20 

6203.33.10 

6203.33.20 

6203.39.10 

6203.39.20 

6203.39.50 

6203.39.90 

6204.31.10 

6204.31.20 

6204.32.20 

6204.33.10 

6204.33.40 

6204.33.50 

6204.39.20 

6204.39.30 

6204.39.60 

6204.39.80 

6403.59.60 

6403.91.60 

6403.91.90 

9001.40.00 

9001.50.00 


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30352 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 

9001.90.40 

9001.90.90’’. 

2. by inserting the following new 

heading 9903.90.04 in numerical 

sequence, with the material in the new 

heading inserted in the columns of the 

HTSUS labeled ‘‘Heading/Subheading’’, 

‘‘Article Description’’, and ‘‘Rates of 

Duty 1-General’’, respectively: 

Heading/subheading Article description 

Rates of duty 

1 

2 

General Special 

‘‘9903.90.04 ................... ‘‘Articles the product of Italy, as provided for in 

U.S. note 25(a) to this subchapter and as provided for in the subheadings enumerated in 

U.S. note 25(b) to this subchapter.

The duty provided in the 

applicable subheading 

+ 25%’’.

Annex B 

Note: The product descriptions that 

are contained in this Annex are 

provided for informational purposes 

only, and are not intended to delimit in 

any way the scope of the action. In all 

cases, the formal language in Annex A 

governs the tariff treatment of products 

covered by the action. Any questions 

regarding the scope of particular HTSUS 

subheadings should be referred to U.S. 

Customs and Border Protection. In the 

product descriptions, the abbreviation 

‘‘nesoi’’ means ‘‘not elsewhere specified 

or included’’. 

HTSUS 

subheading Product description 

1604.31.00 ................. Caviar. 

1604.32.40 ................. Caviar substitutes prepared from fish eggs, nesoi. 

3303.00.20 ................. Perfumes and toilet waters, other than floral or flower waters, not containing alcohol. 

3307.90.00 ................. Depilatories and other perfumery, cosmetic or toilet preparations. nesoi. 

4202.29.10 ................. Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), paper 

cov., of plas. 

4202.29.50 ................. Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), 

pap.cov.,of mat. nesoi. 

4202.29.90 ................. Handbags with or without shoulder straps or without handle, with outer surface of vulcanized fiber or of paperboard, not 

covered with paper. 

6103.10.10 ................. Men’s or boys’ suits, knitted or crocheted, of wool or fine animal hair. 

6103.31.00 ................. Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 

6103.32.00 ................. Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of cotton. 

6103.33.20 ................. Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 

6103.39.80 ................. Men’s or boys’ suit-type jackets and blazers, of textile mats, (except wool, cotton, or mmf), cont less than 70% by wt of 

silk, knitted/croc. 

6104.32.00 ................. Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of cotton. 

6104.33.20 ................. Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 

6110.30.10 ................. Sweaters, pullovers, sweatshirts and similar articles, knitted or crocheted, of man-made fibers, cont. 25% or more by 

weight of leather. 

6117.80.20 ................. Ties, bow ties and cravats, containing 70% or more by weight of silk or silk waste, knitted or crocheted. 

6117.80.87 ................. Ties, bow ties and cravats, containing under 70% by weight of silk or silk waste, knitted or crocheted. 

6203.19.10 ................. Men’s or boys’ suits, not knitted or crocheted, of cotton. 

6203.31.90 ................. Men’s or boys’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted.

6203.32.10 ................. Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, containing 36 percent or more of flax fibers. 

6203.32.20 ................. Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, under 36% by weight of flax. 

6203.33.10 ................. Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or 

fine animal hair. 

6203.33.20 ................. Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, under 36% by weight of wool. 

6203.39.10 ................. Men’s or boys’ suit-type jackets and blazers, of artificial fibers, containing 36% or more by weight of wool or fine animal 

hair, not k/c. 

6203.39.20 ................. Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 

6203.39.50 ................. Men’s or boys’ suit-type jackets and blazers, of textile materials (except wool, cotton or mmf), cont 70% or more by 

weight of silk, not k/c. 

6203.39.90 ................. Men’s or boys’ suit-type jackets and blazers, of text materials (except wool, cotton or mmf), containing under 70% by 

weight of silk, not k/c. 

6204.31.10 ................. Women’s or girls’ suit-type jackets & blazers, of wool or fine animal hair, not knitted or crocheted, cont. 30% or more by 

weight of silk/silk waste. 

6204.31.20 ................. Women’s or girls’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted, under 30% by 

weight of silk/silk waste. 

6204.32.20 ................. Women’s or girls’ suit-type jackets and blazers, of cotton, not knitted or crocheted, under 36% flax. 

6204.33.10 ................. Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 30% or more of silk/ 

silk waste. 

6204.33.40 ................. Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or 

fine animal hair. 

6204.33.50 ................. Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, nesoi. 

6204.39.20 ................. Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of artificial fibers, cont. 36% or more by weight of 

wool or fine animal hair. 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30353 

HTSUS 

subheading Product description 

6204.39.30 ................. Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool 

or fine animal hair. 

6204.39.60 ................. Women’s or girls’ suit-type jackets and blazers, not knitted/crocheted, of othertextile materials nesoi, cont. 70% + by 

weight of silk or silk waste. 

6204.39.80 ................. Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of textile materials nesoi. 

6403.59.60 ................. Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 

6403.91.60 ................. Footwear w/outer soles of rubber/plastics/composition leather & uppers of leather, covering the ankle, n/welt, for men, 

youths and boys. 

6403.91.90 ................. Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, cov. ankle, n/welt, for persons other than 

men/youths/boys. 

9001.40.00 ................. Spectacle lenses of glass, unmounted. 

9001.50.00 ................. Spectacle lenses of materials other than glass, unmounted. 

9001.90.40 ................. Lenses nesoi, unmounted. 

9001.90.90 ................. Optical elements nesoi, unmounted. 

[FR Doc. 2021–11859 Filed 6–4–21; 8:45 am] 

BILLING CODE 3290–F1–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2021–0006] 

Notice of Action in the Section 301 

Investigation of Turkey’s Digital 

Services Tax 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: On January 6, 2021, the U.S. 

Trade Representative announced a 

determination that Turkey’s Digital 

Services Tax (DST) is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce. This notice announces 

the U.S. Trade Representative’s 

determination to take action in the form 

of additional duties of 25 percent on the 

products of Turkey specified in Annex 

A to this notice. The U.S. Trade 

Representative has further determined 

to suspend application of the additional 

duties for a period of up to 180 days. 

DATES: 

June 2, 2021: The U.S. Trade 

Representative determined to take 

action in the form of additional duties 

of 25 percent on products of Turkey 

specified in Annex A. 

November 29, 2021: The end of the 

180-day suspension period for the 

additional duties. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning the investigation, 

please contact Benjamin Allen, Thomas 

Au, or Patrick Childress, Assistant 

General Counsels at: (202) 395–9439, 

(202) 395–0380, and (202) 385–9531, 

respectively; Robert Tanner, Director, 

Services and Investment at (202) 395– 

6125; or Michael Rogers, Director for 

Europe and the Middle East at (202) 

395–2684. For specific questions on 

customs classification or 

implementation of additional duties on 

products, contact traderemedy@cbp.gov. 

SUPPLEMENTARY INFORMATION: 

I. Proceedings in the Investigation 

Turkey has adopted a DST that 

applies to companies that during the 

previous calendar year, generated Ö750 

million or more in worldwide revenues 

and TRY 20 million or more in revenues 

deriving from the provision of digital 

services in Turkey. On June 2, 2020, the 

U.S. Trade Representative initiated an 

investigation of Turkey’s DST pursuant 

to section 302(b)(1)(A) of the Trade Act 

of 1974, as amended (Trade Act). See 85 

FR 34709 (June 5, 2020) (notice of 

initiation). The notice of initiation 

solicited written comments on, inter 

alia, the following aspects of Turkey’s 

DST: Discrimination against U.S. 

companies; retroactivity; and possibly 

unreasonable tax policy. With respect to 

tax policy, USTR solicited comments 

on, inter alia, whether the DST diverged 

from principles reflected in the U.S. and 

international tax systems including 

extraterritoriality; taxing revenue not 

income; and a purpose of penalizing 

particular technology companies for 

their commercial success. Interested 

persons filed over 380 written 

submissions in response. The public 

submissions are available on 

www.regulations.gov in docket number 

USTR–2020–0022. 

Under section 303 of the Trade Act, 

the U.S. Trade Representative requested 

consultations with the government of 

Turkey regarding the issues involved in 

the investigation. Consultations were 

held on September 29, 2020. Based on 

information obtained during the 

investigation, USTR prepared a 

comprehensive report on Turkey’s DST, 

which is posted on the USTR website at 

https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

report includes a full description of 

Turkey’s DST, and supports findings 

that Turkey’s DST is unreasonable and 

discriminatory and burdens or restricts 

U.S commerce. On January 6, 2021, 

based on the information obtained 

during the investigation and the advice 

of the Section 301 Committee, the U.S. 

Trade Representative determined that 

Turkey’s DST is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce, and therefore is 

actionable under sections 301(b) and 

304(a) of the Trade Act. See 86 FR 2480 

(January 12, 2021). 

On March 31, 2021, USTR issued a 

notice proposing that appropriate action 

would include additional ad valorem 

duties of up to 25 percent on products 

of Turkey to be drawn from a list of 45 

tariff subheadings of the Harmonized 

Tariff Schedule of the United States 

(HTSUS) included in the annex to that 

notice. The March 31, 2021 notice 

requested comments on the proposed 

action as well as on other potential 

actions in the investigation. Witnesses 

provided testimony at public hearings 

held on May 3 and May 7, 2021, and 

interested persons filed written 

comments. Transcripts from the 

hearings are available on the USTR 

website at: https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

written public submissions are available 

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

docket?docketNumber=USTR-2021- 

0006 and https://comments.ustr.gov/s/ 

docket?docketNumber=USTR-2021- 

0008. 

II. Determination of Action To Be 

Taken in the Investigation 

In accordance with section 301(b) of 

the Trade Act, the U.S. Trade 

Representative has determined that 

action is appropriate in this 

investigation. Section 301(b) provides 

that upon determining that the acts, 

policies, and practices under 

investigation are actionable and that 

action is appropriate, the U.S. Trade 


khammond on DSKJM1Z7X2PROD with NOTICES