[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66718-66720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29858]


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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, Nicaragua, and 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 and syrup goods and 
sugar-containing products of Chile, Morocco, the Dominican Republic, El 
Salvador, Guatemala, Honduras, Nicaragua, and Peru. 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 Free Trade Agreement (Morocco 
FTA), in the case of Morocco; (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; and (iv) the United States--Peru Trade Promotion Agreement 
(Peru TPA), in the case of Peru.

DATES: Effective Date: December 16, 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, telephone: 202-395-6127 or facsimile: 202-395-
4579.

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 treatment provided for in the 
Chile FTA.

[[Page 66719]]

    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) 2008, the most recent year for which data 
is available, Chile's imports of sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods 
by 588,127 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 CY2010.
    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 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 CY2008, 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 751,207 
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 CY2010.
    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 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 CY2008, 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 10,840 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 
United States duty-free under subheading 9822.05.20 in CY2010.
    During CY2008, 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 77,228 
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 77,228 metric tons. The specific quantity set out in 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El 
Salvador for CY2010 is 28,560 metric tons. Therefore, in accordance 
with that note, the aggregate quantity of goods of El Salvador that may 
be entered duty-free under subheading 9822.05.20 in CY2010 is 28,560 
metric tons (i.e., the amount that is the lesser of El Salvador's trade 
surplus and the specific quantity set out in that note for El Salvador 
for CY2010).
    During CY2008, the most recent year for which data is available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products

[[Page 66720]]

described above exceeded its imports of those goods by 873,884 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 873,884 metric tons. The specific quantity set out in 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Guatemala 
for CY2010 is 37,740 metric tons. Therefore, in accordance with that 
note, the aggregate quantity of goods of Guatemala that may be entered 
duty-free under subheading 9822.05.20 in CY2010 is 37,740 metric tons 
(i.e., the amount that is the lesser of Guatemala's trade surplus and 
the specific quantity set out in that note for Guatemala for CY2010).
    During CY2008, 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 6,163 
metric tons according to data published by the Banco Central de 
Honduras. Based on this data, USTR determines that Honduras' trade 
surplus is 6,163 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for 
CY2010 is 8,640 metric tons. Therefore, in accordance with that note, 
the aggregate quantity of goods of Honduras that may be entered duty-
free under subheading 9822.05.20 in CY2010 is 6,163 metric tons (i.e., 
the amount that is the lesser of Honduras' trade surplus and the 
specific quantity set out in that note for Honduras for CY2010).
    During CY2008, 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 51,877 
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 51,877 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for 
Nicaragua for CY2010 is 23,760 metric tons. Therefore, in accordance 
with that note, the aggregate quantity of goods of Nicaragua that may 
be entered duty-free under subheading 9822.05.20 in CY2010 is 23,760 
metric tons (i.e., the amount that is the lesser of Nicaragua's trade 
surplus and the specific quantity set out in that note for Nicaragua 
for CY2010).
    Peru: Pursuant to section 201 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 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 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 CY2008, 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 156,805 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 
CY2010.

James Murphy,
Assistant United States Trade Representative.
[FR Doc. E9-29858 Filed 12-15-09; 8:45 am]
BILLING CODE 3190-W0-P