[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60551-60554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25699]


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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, Costa Rica, the 
Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, 
Colombia, and Panama

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: In accordance with 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, Costa Rica, the Dominican Republic, El 
Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia and Panama. 
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); (ii) the 
United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the 
Dominican Republic-Central America-United States Free Trade Agreement 
(CAFTA-DR); (iv) the United States-Peru Trade Promotion Agreement (Peru 
TPA); (v) the United States-Colombia Trade Promotion Agreement 
(Colombia TPA); and (vi) the United States-Panama Trade Promotion 
Agreement (Panama TPA).

DATES: This notice is applicable on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Dylan Daniels, Office of Agricultural 
Affairs at 202-395-6095 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Chile FTA

    Section 201 of the United States-Chile Free Trade Agreement 
Implementation Act (Pub. L. 108-77; 19 U.S.C. 3805 note) and 
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.
    Note 12(a) to subchapter XI of HTS chapter 99 requires USTR 
annually to publish 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,

[[Page 60552]]

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 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. Proclamation 8771 of December 29, 2011 (77 FR 
413) reclassified HS subheading 1701.11 as 1701.13 and 1701.14.
    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 any calendar 
year (CY) (beginning in CY 2015) in an amount equal to the quantity of 
goods equal to the amount of Chile's trade surplus in subdivision (a) 
of the Note. During CY 2017, 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 407,137 metric tons according to data published by its customs 
authority, the Servicio Nacional de Aduana. Based on this data, USTR 
has determined that Chile's trade surplus is negative. Therefore, in 
accordance with U.S. Note 12(b) 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 in CY 2019.

II. Morocco FTA

    Section 201 of the United States-Morocco Free Trade Agreement 
Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 note) and 
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.
    Note 12(a) to subchapter XII of HTS chapter 99 requires USTR 
annually to publish 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. Proclamation 8771 of December 29, 2011 (77 FR 413) 
reclassified HS subheading 1701.11 as 1701.13 and 1701.14.
    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.
    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 CY 2017, 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 743,760 
metric tons according to data published by its customs authority, the 
Office des Changes. Based on this data, USTR has determined that 
Morocco's trade surplus is negative. Therefore, in accordance with U.S. 
Notes 12(b) and 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 CY 2019.

III. CAFTA-DR

    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), Presidential Proclamation No. 8111 of February 28, 2007 (72 FR 
10025), Presidential Proclamation No. 8331 of December 23, 2008 (73 FR 
79585), and Presidential Proclamation No. 8536 of June 12, 2010 (75 FR 
34311), 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.
    Note 25(b)(i) to subchapter XXII of HTS chapter 98 requires USTR 
annually to publish a determination of the amount of each CAFTA-DR 
country's trade surplus, by volume, with all sources for goods in HS 
subheadings 1701.12, 1701.13, 1701.14, 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 1701.12, 1701.13, 
1701.14, 1701.91, and 1701.99 and its imports of 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.

A. Costa Rica

    During CY 2017, the most recent year for which data is available, 
Costa Rica's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 127,312 
metric tons according to data published by the Costa Rican Customs 
Department, Ministry of Finance. Based on this data, USTR has 
determined that Costa Rica's trade surplus is 127,312 metric tons. The 
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98 for Costa Rica for CY 2019 is 13,860 metric tons. 
Therefore, in accordance with that Note, the aggregate quantity of 
goods of Costa Rica that may be entered duty-free under subheading 
9822.05.20 in CY 2019 is 13,860 metric tons (i.e., the amount that is 
the lesser of Costa Rica's trade surplus and the specific quantity set 
out in that Note for Costa Rica for CY 2019).

B. Dominican Republic

    During CY 2017, 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 6,254 metric tons according to data published by the National 
Direction of Customs (DGA). Based on this data, USTR has determined 
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 CY 2019.

C. El Salvador

    During CY 2017, 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 427,977 
metric tons

[[Page 60553]]

according to data published by the Central Bank of El Salvador. Based 
on this data, USTR has determined that El Salvador's trade surplus is 
427,977 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 CY 
2019 is 35,360 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 CY 2019 is 35,360 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 CY 
2019).

D. Guatemala

    During CY 2017, 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 
1,431,282 metric tons according to data published by the Asociacion de 
Azucareros de Guatemala (ASAZGUA). Based on this data, USTR has 
determined that Guatemala's trade surplus is 1,431,282 metric tons. The 
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98 for Guatemala for CY 2019 is 48,880 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 CY 2019 is 48,880 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 CY 2019).

E. Honduras

    During CY 2017, 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 122,527 
metric tons according to data published by the Central Bank of 
Honduras. Based on this data, USTR has determined that Honduras' trade 
surplus is 122,527 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for CY 
2019 is 10,080 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 CY 2019 is 10,080 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 CY 2019).

F. Nicaragua

    During CY 2017, 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 304,145 
metric tons according to data published by the Nicaraguan Ministry of 
Development, Industry, and Trade (MIFIC). Based on this data, USTR has 
determined that Nicaragua's trade surplus is 304,145 metric tons. The 
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98 for Nicaragua for CY 2019 is 27,720 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 CY 2019 is 27,720 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 CY 2019).

IV. Peru TPA

    Section 201 of the United States-Peru Trade Promotion Agreement 
Implementation Act (Pub. L. 110-138; 19 U.S.C. 3805 note) and 
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.
    Note 28(c) to subchapter XXII of HTS chapter 98 requires USTR 
annually to publish a determination of the amount of Peru's trade 
surplus, by volume, with all sources for goods in HS subheadings 
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 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 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 
are not included in the calculation of Peru's trade surplus.
    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 CY 2017, the most recent year for which data is available, 
Peru's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 485,884 
metric tons according to data published by the Superintendencia 
Nacional de Administracion Tributaria (SUNAT). Based on this data, USTR 
has determined 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 CY 2019.

V. Colombia TPA

    Section 201 of the United States-Colombia Trade Promotion Agreement 
Implementation Act (Pub. L. 112-42; 19 U.S.C. 3805 note) and 
Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 29519) 
implemented the Colombia TPA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Colombia TPA.
    Note 32(b) to subchapter XXII of HTS chapter 98 requires USTR 
annually to publish a determination of the amount of Colombia's trade 
surplus, by volume, with all sources for goods in HS subheadings 
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, 
except that Colombia's imports of U.S. goods classified under 
subheadings 1702.40 and 1702.60 that are originating goods under the 
Colombia TPA and Colombia's exports to the United States of goods 
classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 
1701.99 are not included in the calculation of Colombia's trade 
surplus.
    Note 32(c)(i) to subchapter XXII of HTS chapter 98 provides duty-
free treatment for certain sugar goods of Colombia entered under 
subheading 9822.08.01 in an amount equal to the lesser of Colombia's 
trade surplus or the specific quantity set out in that Note for that 
calendar year.
    During CY 2017, the most recent year for which data is available, 
Colombia's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 436,478 
metric tons according to data published by Global Trade Atlas (GTA) and 
the Colombian Directorate of National Taxes and Customs (DIAN). Based 
on this data, USTR has determined that Colombia's trade surplus is 
436,478 metric tons. The specific quantity set out in U.S. Note 
32(c)(i) to subchapter XXII of HTS chapter 98 for Colombia for CY 2019 
is 55,250 metric tons. Therefore, in accordance with that Note, the 
aggregate quantity of goods of Colombia that may be entered duty-free 
under subheading 9822.08.01 in CY 2019 is 55,250 metric tons (i.e., the 
amount that is the lesser of Colombia's trade surplus and the specific 
quantity set out in that Note for Colombia for CY 2019).

[[Page 60554]]

VI. Panama TPA

    Section 201 of the United States-Panama Trade Promotion Agreement 
Implementation Act (Pub. L. 112-43; 19 U.S.C. 3805 note) and 
Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 66505), 
implemented the Panama TPA on behalf of the United States and modified 
the HTS to reflect the tariff treatment provided for in the Panama TPA.
    Note 35(a) to subchapter XXII of HTS chapter 98 requires USTR 
annually to publish a determination of the amount of Panama's trade 
surplus, by volume, with all sources for goods in HS subheadings 
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, 
except that Panama's imports of U.S. goods classified under subheadings 
1702.40 and 1702.60 that are originating goods under the Panama TPA and 
Panama's exports to the United States of goods classified under 
subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not 
included in the calculation of Panama's trade surplus.
    Note 35(c) to subchapter XXII of HTS chapter 98 provides duty-free 
treatment for certain sugar goods of Panama entered under subheading 
9822.09.17 in an amount equal to the lesser of Panama's trade surplus 
or the specific quantity set out in that Note for that calendar year.
    During CY 2017, the most recent year for which data is available, 
Panama's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 12,853 
metric tons according to data published by the National Institute of 
Statistics and Census, Office of the General Comptroller of Panama. 
Based on this data, USTR has determined that Panama's trade surplus is 
12,853 metric tons. The specific quantity set out in U.S. Note 35(c) to 
subchapter XXII of HTS chapter 98 for Panama for CY 2019 is 540 metric 
tons. Therefore, in accordance with that Note, the aggregate quantity 
of goods of Panama that may be entered duty-free under subheading 
9822.09.17 in CY 2019 is 540 metric tons (i.e., the amount that is the 
lesser of Panama's trade surplus and the specific quantity set out in 
that Note for Panama for CY 2019).

Robert Lighthizer,
United States Trade Representative.
[FR Doc. 2018-25699 Filed 11-23-18; 8:45 am]
 BILLING CODE 3290-F9-P