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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices products of India specified in Annex A
to this notice. Annex A contains a list of 26 tariff subheadings, with an estimated trade value for calendar year 2019 of approximately $119 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 Indias DST and the amount of taxes assessed by India on U.S. companies. Estimates indicate that the value of the DST payable by U.S.based company groups to India will be up to approximately $55 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 India and the estimates of the amount of taxes assessed by India.
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 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 Annex A is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 29, 2021, which is 180 days after the determination of action.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 9903.90.03 will be subject to an additional ad valorem duty of 25
percent. The additional duties provided
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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 India, 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 24a and 24b to subchapter III
of chapter 99 in numerical sequence:
24 a For the purposes of heading 9903.90.03, products of India, as specified in this note, shall be subject to additional duties as provided herein.
All products of India that are classified in the subheadings enumerated in this note are subject to the additional duties imposed by heading 9903.90.03. The duties imposed by heading 9903.90.03
shall be in addition to the general duty rates provided for in the applicable provisions of the tariff schedule.
Products of India 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 9903.90.03, and any such duty exemption or reduction shall apply
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only to the permanent general rate prescribed in provisions of chapters 1
through 97 of the tariff schedule.
The additional duties imposed by heading 9903.90.03 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 India 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 India that are provided for in heading 9903.90.03 and classified in one of the subheadings enumerated in note 24b 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 9903.90.03 shall apply to all products of India that are classified in the subheadings enumerated below:
0306.16.00
0306.35.00
0306.95.00
1006.20.20
4421.91.40
4421.91.94
4503.10.40
4813.10.00
4813.90.00
7101.22.30
7101.22.60
7103.99.50
7104.90.50
7113.19.21
7113.19.25
7114.20.00
7116.20.05
7116.20.15
7410.21.30
9401.69.20
9401.69.40
9401.69.60
9401.69.80
9403.50.40
9403.50.90
9403.83.00.
2. by inserting the following new heading 9903.90.03 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled Heading/Subheading,
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