On September 28, 2018, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of modification and amendment of action to the September 21 notice (“September 21st Notice”), which adopted a supplemental action in this 301 investigation by imposing additional duties on goods of China classified in subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) listed in Annex A of that notice. Pursuant to Presidential Proclamation 9771 of July 30, 2018, certain HTSUS subheadings covered by the supplemental action will be modified as of October 1, 2018. This notice conforms the September 21 supplemental action to the HTSUS modifications in the Presidential Proclamation and amends the prior action taken in the investigation by removing certain subheadings of the HTSUS listed in Annex A to the September 21st Notice.
The HTSUS modifications in Proclamation 9771 include certain subheadings in chapter 44 of the HTSUS covered by the action in the September 21st Notice. Paragraph A of the Annex to this notice makes the appropriate conforming amendments to the supplemental action set out in the September 21st Notice. In particular, 14 subheadings in chapter 44 deleted by Proclamation 9771 are accordingly deleted from Annex A of the September 21st Notice, and are replaced by the corresponding 38 new subheadings in chapter 44 of the HTSUS that were added by Proclamation 9771. These changes to the September 21 action are effective on October 1, 2018.
Paragraph B of the Annex to this notice corrects a typographical error in the fourth paragraph of U.S. Note 20(a) to subchapter III of chapter 99, as set out in Annex C of the notice published at 83 Fed. Reg. 40823 (August 16, 2018).
To account fully for the extensive public comments and testimony previously provided in response to the Federal Register notices seeking public comments (83 Fed. Reg. 33608, 83 Fed. Reg. 38760), USTR has determined to further modify the action being taken in the investigation. Paragraph C of the Annex to this notice removes subheadings 0304.81.10 and 0304.81.50 from the list of subheadings of the HTSUS subject to the additional duties set forth in Annex A of the September 21st Notice, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 24, 2018.