[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Page 64640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25937]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Revised Fiscal Year 2008 Tariff-Rate Quota Allocations for 
Refined Sugar--Re-allocation of Refined Sugar Previously Assigned to 
Mexico

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice of a revision in the Fiscal Year (FY) 2008 Tariff-Rate 
Quota (TRQ) allocation for imported refined sugar for the period August 
13 through December 31, 2008. The USTR is re-allocating the portion of 
the increase in the refined sugar TRQ initially allocated to Mexico on 
August 13, 2008 to the global portion of the refined sugar TRQ, subject 
to certain conditions.

DATES: Effective Date: October 30, 2008.

ADDRESSES: Inquiries may be mailed or delivered to Leslie O'Connor, 
Director of Agricultural Affairs, Office of Agricultural Affairs, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Leslie O'Connor, Office of 
Agricultural Affairs, telephone: 202-395-6127 or facsimile: 202-395-
4579.

SUPPLEMENTARY INFORMATION: Pursuant to Additional U.S. Note 5 to 
Chapter 17 of the Harmonized Tariff Schedule of the United States 
(HTS), the United States maintains a tariff-rate quota for imports of 
refined sugar.
    Section 404(d)(3) of the Uruguay Round Agreements Act (19 U.S.C. 
3601(d)(3)) authorizes the President to allocate the in-quota quantity 
of a tariff-rate quota for any agricultural product among supplying 
countries or customs areas. The President delegated this authority to 
the USTR under Presidential Proclamation 6763 (60 FR 1007). Pursuant to 
this Proclamation, the USTR may modify previously established 
allocations as he or she finds appropriate in carrying out the 
international rights and obligations of the United States and promoting 
the economic interests of the United States.
    In response to tight market conditions, on August 6, 2008, the 
Secretary of Agriculture increased the in-quota quantity of the tariff-
rate quota for refined sugar for FY 2008 by 272,155 metric tons raw 
value (MTRV) (equivalent of 300,000 short tons raw value) and extended 
the period in which the sugar could be entered until December 31, 2008.
    On August 13, 2008, the USTR allocated this TRQ volume, with a 
total of 40,000 MTRV allocated to Canada, 68,278 MTRV allocated to 
Mexico, and the remaining 163,877 MTRV allocated to a global tariff-
rate quota, which may be supplied by any country on a first-come, 
first-served basis, subject to any other provision of law.
    The U.S. market for sugar, particularly for refined sugar, remains 
tight as shown by the historically low 6.0 percent ending stocks-to-use 
ratio for FY 2009 projected in USDA's October World Agricultural Supply 
and Demand Estimates report. As a result, the U.S. Government consulted 
with the Government of Mexico as to whether it intends to fill its 
allocated portion of the August 2008 increase. The Government of Mexico 
has informed the Government of the United States that Mexico will 
continue to export sugar under the duty-free access provided by the 
North American Free Trade Agreement and thus will not use the portion 
of the WTO refined sugar TRQ allocated to Mexico and it is available 
for re-allocation by the United States.
    The USTR hereby re-allocates that portion, 68,278 MTRV, to the 
global refined sugar TRQ, which may be supplied by any country on a 
first-come, first-served basis, subject to any other provision of law. 
With this reallocation, the global portion of the FY 2009 refined sugar 
tariff-rate quota now amounts to 239,245 MTRV. No certificate of quota 
eligibility is required for sugar entering under this global tariff-
rate quota.
    On October 27, 2008, the Secretary of Agriculture, pursuant to his 
authority under 15 CFR pt. 2011.110 to the set terms, limitations, and 
conditions for entry of refined sugar such as this, determined that 
28,278 MTRV of the re-allocated portion of the refined sugar TRQ shall 
be eligible to enter upon publication of a Federal Register notice by 
the USTR. Of the remainder, 10,000 MTRV may enter 14 days after 
publication; 10,000 MTRV 28 days after publication; 10,000 MTRV 42 days 
after publication; and 10,000 MTRV 56 days after publication. If any of 
these dates fall on a weekend or Federal holiday, the TRQ will open on 
the next business day.

Susan C. Schwab,
United States Trade Representative.
[FR Doc. E8-25937 Filed 10-29-08; 8:45 am]
BILLING CODE 3190-W9-P