[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Page 5192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1830]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination of Trade Surplus in Certain Sugar Goods of Peru

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 goods of Peru. As 
described below, the level of Peru's trade surplus in these goods 
relates to the quantity of sugar goods for which the United States 
grants duty-free tariff treatment under the United States--Peru Trade 
Promotion Agreement (Peru TPA).

DATES: Effective Date: February 1, 2009.

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: Pursuant to section 101 of the United 
States--Peru Trade Promotion Agreement Implementation Act (Pub. L. 110-
138; 19 U.S.C. 3805 note), Presidential Proclamation No. 8341 of 
January 16, 2009 (74 FR 4105) implemented the Peru TPA on behalf of the 
United States and modified the HTS to reflect the tariff and rules of 
origin treatment provided for in the Peru TPA.
    U.S. Note 28(c) 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 Peru'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, 1702.40, and 1702.60, except that 
Peru's imports of U.S. goods classified under HS subheadings 1702.40 
and 1702.60 that are originating goods under the Peru TPA and Peru's 
exports to the United States of goods classified under HS subheadings 
1701.11, 1701.12, 1701.91, and 1701.99 are not included in the 
calculation of Peru's trade surplus.
    U.S. Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-
free treatment for certain sugar goods of Peru entered under subheading 
9822.06.10 in an amount equal to the lesser of Peru's trade surplus or 
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, Peru's imports of the sugar goods described above 
exceeded its exports of those goods by 245,132 metric tons according to 
data published by its customs authority, the Superintendencia Nacional 
de Administration Tributaria. Based on this data, USTR determines that 
Peru's trade surplus is negative. Therefore, in accordance with U.S. 
Note 28(d) to subchapter XXII of HTS chapter 98, goods of Peru are not 
eligible to enter the United States duty-free under subheading 
9822.06.10 in CY2009.

James Murphy,
Assistant United States Trade Representative.
[FR Doc. E9-1830 Filed 1-28-09; 8:45 am]
BILLING CODE 3190-W9-P