Federal Register - June 7, 2021

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Fuente: Federal Register

khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 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 301c 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 301b, to obtain the elimination of that act, policy, or practice. Section 304a2B 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 301b 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 the United Kingdom specified in Annex A to this notice.
Annex A contains a list of 67 tariff subheadings, with an estimated trade value for calendar year 2019 of approximately $887 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 transactions covered by the United Kingdoms DST and the amount of taxes assessed by the United Kingdom on U.S.
companies. Estimates indicate that the value of the DST payable by U.S.-based company groups to the United Kingdom will be up to approximately $325
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 the United Kingdom and the estimates of the amount of taxes to be assessed by the United Kingdom.
Section 305a 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 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 305a, the U.S.
Trade Representative has determined to
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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 an 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 9903.90.07 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 the United Kingdom, and may adopt appropriate modifications. If a modification to the action may be appropriate, the U.S. Trade Representative will consider the
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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 28a and 28b to subchapter III
of chapter 99 in numerical sequence:
28 a For the purposes of heading 9903.90.07, products of the United Kingdom, as specified in this note, shall be subject to additional duties as provided herein. All products of the United Kingdom that are classified in the subheadings enumerated in this note are subject to the additional duties imposed by heading 9903.90.07. The duties imposed by heading 9903.90.07
shall be in addition to the general duty rates provided for in the applicable provisions of the tariff schedule.
Products of the United Kingdom 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 9903.90.07, 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 9903.90.07 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 the United Kingdom 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 the United Kingdom that are provided for in heading 9903.90.07
and classified in one of the subheadings enumerated in note 28b to this subchapter shall continue to be subject to antidumping, countervailing or other duties including duties imposed by
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Federal Register - June 7, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha07/06/2021

Nro. de páginas253

Nro. de ediciones7798

Primera edición14/03/1936

Ultima edición18/06/2026

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