[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74210-74212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28857]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination of Trade Surplus in Certain Sugar and Syrup Goods 
and Sugar Containing Products of Chile, Morocco, the Dominican 
Republic, El Salvador, Guatemala, Honduras, and Nicaragua

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: In accordance with relevant provisions of the Harmonized 
Tariff Schedule of the United States (HTS), the Office of the United 
States Trade Representative (USTR) is providing notice of its 
determination of the trade surplus in certain sugar and syrup goods and 
sugar-containing products of Chile, Morocco, the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua. As described below, the 
level of a country's trade surplus in these goods relates to the 
quantity of sugar and syrup goods and sugar-containing products for 
which the United States grants preferential tariff treatment under (i) 
the United States--Chile Free Trade Agreement (Chile FTA), in the case 
of Chile; (ii) the United States--Morocco

[[Page 74211]]

Free Trade Agreement (Morocco FTA), in the case of Morocco; and (iii) 
the Dominican Republic--Central America--United States Free Trade 
Agreement (CAFTA-DR), in the case of the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua.

DATES: Effective Date: December 5, 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, 202-395-6127.

SUPPLEMENTARY INFORMATION: Chile: Pursuant to section 201 of the United 
States--Chile Free Trade Agreement Implementation Act (Pub. L. 108-77; 
19 U.S.C. 3805 note), Presidential Proclamation No. 7746 of December 
30, 2003 (68 FR 75789) implemented the Chile FTA on behalf of the 
United States and modified the HTS to reflect the tariff and rules of 
origin treatment provided for in the Chile FTA.
    U.S. Note 12(a) to subchapter XI of HTS chapter 99 provides that 
USTR is required to publish annually in the Federal Register a 
determination of the amount of Chile's trade surplus, by volume, with 
all sources for goods in Harmonized System (HS) subheadings 1701.11, 
1701.12, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 
1806.10, 2101.12, 2101.20, and 2106.90, except that Chile's imports of 
U.S. goods classified under HS subheadings 1702.40 and 1702.60 that 
qualify for preferential tariff treatment under the Chile FTA are not 
included in the calculation of Chile's trade surplus.
    U.S. Note 12(b) to subchapter XI of HTS chapter 99 provides duty-
free treatment for certain sugar and syrup goods and sugar-containing 
products of Chile entered under subheading 9911.17.05 in an amount 
equal to the lesser of Chile's trade surplus or the specific quantity 
set out in that note for that calendar year.
    U.S. Note 12(c) to subchapter XI of HTS chapter 99 provides 
preferential tariff treatment for certain sugar and syrup goods and 
sugar-containing products of Chile entered under subheading 9911.17.10 
through 9911.17.85 in an amount equal to the amount by which Chile's 
trade surplus exceeds the specific quantity set out in that note for 
that calendar year.
    During calendar year (CY) 2007, the most recent year for which data 
is available, Chile's imports of the sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods 
by 21,613 metric tons according to data published by its customs 
authority, the Banco Central de Chile. Based on this data, USTR 
determines that Chile's trade surplus is negative. Therefore, in 
accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of 
HTS chapter 99, goods of Chile are not eligible to enter the United 
States duty-free under subheading 9911.17.05 or at preferential tariff 
rates under subheading 9911.17.10 through 9911.17.85 in CY2009.
    Morocco: Pursuant to section 201 of the United States--Morocco Free 
Trade Agreement Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 
note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 
76651) implemented the Morocco FTA on behalf of the United States and 
modified the HTS to reflect the tariff and rules of origin treatment 
provided for in the Morocco FTA.
    U.S. Note 12(a) to subchapter XII of HTS chapter 99 provides that 
USTR is required to publish annually in the Federal Register a 
determination of the amount of Morocco's trade surplus, by volume, with 
all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 
1701.99, 1702.40, and 1702.60, except that Morocco's imports of U.S. 
goods classified under HS subheadings 1702.40 and 1702.60 that qualify 
for preferential tariff treatment under the Morocco FTA are not 
included in the calculation of Morocco's trade surplus.
    U.S. Note 12(b) to subchapter XII of HTS chapter 99 provides duty-
free treatment for certain sugar and syrup goods and sugar-containing 
products of Morocco entered under subheading 9912.17.05 in an amount 
equal to the lesser of Morocco's trade surplus or the specific quantity 
set out in that note for that calendar year.
    U.S. Note 12(c) to subchapter XII of HTS chapter 99 provides 
preferential tariff treatment for certain sugar and syrup goods and 
sugar-containing products of Morocco entered under subheading 
9912.17.10 through 9912.17.85 in an amount equal to the amount by which 
Morocco's trade surplus exceeds the specific quantity set out in that 
note for that calendar year.
    During CY2007, the most recent year for which data is available, 
Morocco's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 745,748 
metric tons according to data published by its customs authority, the 
Office des Changes. Based on this data, USTR determines that Morocco's 
trade surplus is negative. Therefore, in accordance with U.S. Note 
12(b) and U.S. Note 12(c) to subchapter XII of HTS chapter 99, goods of 
Morocco are not eligible to enter the United States duty-free under 
subheading 9912.17.05 or at preferential tariff rates under subheading 
9912.17.10 through 9912.17.85 in CY2008.
    CAFTA-DR: Pursuant to section 201 of the Dominican Republic--
Central America--United States Free Trade Agreement Implementation Act 
(Pub. L. 109-53; 19 U.S.C. 4031), Presidential Proclamation No. 7987 of 
February 28, 2006 (71 FR 10827), Presidential Proclamation No. 7991 of 
March 24, 2006 (71 FR 16009), Presidential Proclamation No. 7996 of 
March 31, 2006 (71 FR 16971), Presidential Proclamation No. 8034 of 
June 30, 2006 (71 FR 38509), and Presidential Proclamation No. 8111 of 
February 28, 2007 (72 FR 10025) implemented the CAFTA-DR on behalf of 
the United States and modified the HTS to reflect the tariff and rules 
of origin treatment provided for in the CAFTA-DR.
    U.S. Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides 
that USTR is required to publish annually in the Federal Register a 
determination of the amount of each CAFTA-DR country's trade surplus, 
by volume, with all sources for goods in HS subheadings 1701.11, 
1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that each 
CAFTA-DR country's exports to the United States of goods classified 
under HS subheadings 1701.11, 1701.12, 1701.91, and 1701.99 and its 
imports of U.S. goods classified under HS subheadings 1702.40 and 
1702.60 that qualify for preferential tariff treatment under the CAFTA-
DR are not included in the calculation of that country's trade surplus.
    U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 provides 
duty-free treatment for certain sugar and syrup goods and sugar-
containing products of each CAFTA-DR country entered under subheading 
9822.05.20 in an amount equal to the lesser of that country's trade 
surplus or the specific quantity set out in that note for that country 
and that calendar year.
    During CY2007, the most recent year for which data is available, 
the Dominican Republic's imports of the sugar and syrup goods and 
sugar-containing products described above exceeded its exports of those 
goods by 95,631 metric tons according to data published by the 
Instituto Azucarero Dominicano. Based on this data, USTR determines 
that the Dominican Republic's trade surplus is negative. Therefore, in 
accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 
98, goods of the Dominican Republic are not eligible to enter the

[[Page 74212]]

United States duty-free under subheading 9822.05.20 in CY2008.
    During CY2007, the most recent year for which data is available, El 
Salvador's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 160,906 
metric tons according to data published by the Banco Central de Reserva 
de El Salvador. Based on this data, USTR determines that El Salvador's 
trade surplus is 160,906 metric tons. Therefore, in accordance with 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate 
quantity of goods of El Salvador that may be entered duty-free under 
subheading 9822.05.20 in CY2009 is 28,000 metric tons (i.e., the amount 
set out in that note for El Salvador for 2009).
    During CY2007, the most recent year for which data is available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 
1,058,320 metric tons according to data published by the 
Asociaci[oacute]n de Azucareros de Guatemala. Based on this data, USTR 
determines that Guatemala's trade surplus is 1,058,320 metric tons. 
Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98, the aggregate quantity of goods of Guatemala that may 
be entered duty-free under subheading 9822.05.20 in CY2009 is 37,000 
metric tons (i.e., the amount set out in that note for Guatemala for 
2009).
    During CY2007, the most recent year for which data is available, 
Honduras' exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 36,227 
metric tons according to data published by the Banco Central de 
Honduras. Based on this data, USTR determines that Honduras' trade 
surplus is 36,227 metric tons. Therefore, in accordance with U.S. Note 
25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity 
of goods of Honduras that may be entered duty-free under subheading 
9822.05.20 in CY2009 is 8,480 metric tons (i.e., the amount set out in 
that note for Honduras for 2009).
    During CY2007, the most recent year for which data is available, 
Nicaragua's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 158,861 
metric tons according to data published by the Ministerio de Fomento, 
Industria, y Comercio. Based on this data, USTR determines that 
Nicaragua's trade surplus is 158,861 metric tons. Therefore, in 
accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 
98, the aggregate quantity of goods of Nicaragua that may be entered 
duty-free under subheading 9822.05.20 in CY2009 is 23,320 metric tons 
(i.e., the amount set out in that note for Nicaragua for 2009).

James Murphy,
Assistant United States Trade Representative.
[FR Doc. E8-28857 Filed 12-4-08; 8:45 am]
BILLING CODE 3190-W9-P