[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71700-71702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27384]


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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 (HTSUS), 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, 2022.

FOR FURTHER INFORMATION CONTACT: Erin H. Nicholson, Office of 
Agricultural Affairs, (202) 395-6095 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Chile FTA

    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 HTSUS to reflect the tariff treatment provided for in the Chile 
FTA.
    Note 12(a) to subchapter XI of HTSUS chapter 99 requires USTR to 
publish annually 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 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 HTSUS 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 CY2015) is the quantity of goods equal to the 
amount of Chile's trade surplus in subdivision (a) of the note. During 
CY2020, the most recent year for which data are available, Chile's 
imports of the sugar and syrup goods and sugar-containing products 
described above exceeded its exports of those goods by 571,108 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 HTSUS chapter 99, goods of Chile are not 
eligible to enter the United States duty-free under subheading 
9911.17.05 in CY2022.

II. Morocco FTA

    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 HTSUS to reflect the tariff treatment provided for in the Morocco 
FTA.
    Note 12(a) to subchapter XII of HTSUS chapter 99 requires USTR to 
publish annually 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

[[Page 71701]]

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 HTSUS 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 HTSUS 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 CY2020, the most recent year for which data are available, 
Morocco's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 647,161 
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. 
Note 12(b) and U.S. Note 12(c) to subchapter XII of HTSUS 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 
subheadings 9912.17.10 through 9912.17.85 in CY2022.

III. 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), 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 HTSUS to reflect the tariff treatment provided for in 
the CAFTA-DR.
    Note 25(b)(i) to subchapter XXII of HTSUS chapter 98 requires USTR 
to publish annually 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 HTSUS 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.

Costa Rica

    During CY2020, the most recent year for which data are available, 
Costa Rica's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 143,237 
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 143,237 metric tons. The 
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of 
HTSUS chapter 98 for Costa Rica for CY2022 is 14,520 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 CY2022 is 14,520 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 CY2022).

Dominican Republic

    During CY2020, the most recent year for which data are 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 11,254 metric tons according to data published by the General 
Directorate 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 HTSUS chapter 
98, goods of the Dominican Republic are not eligible to enter the 
United States duty-free under subheading 9822.05.20 in CY2022.

El Salvador

    During CY2020, the most recent year for which data are available, 
El Salvador's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 482,476 
metric tons 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 482,476 metric tons. The specific quantity set out in 
U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for El 
Salvador for CY2022 is 37,400 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 CY2022 is 37,400 
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 CY2022).

Guatemala

    During CY2020, the most recent year for which data are available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 
1,467,994 metric tons according to data published by the Guatemalan 
Sugar Association (ASAZGUA) and Bank of Guatemala. Based on this data, 
USTR has determined that Guatemala's trade surplus is 1,467,994 metric 
tons. The specific quantity set out in U.S. Note 25(b)(ii) to 
subchapter XXII of HTSUS chapter 98 for Guatemala for CY2022 is 51,700 
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 CY2022 is 51,700 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 CY2022).

Honduras

    During CY2020, the most recent year for which data are available, 
Honduras' exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 172,483 
metric tons according to data published by the Central Bank of 
Honduras. Based on this data, USTR has determined that Honduras' trade 
surplus is 172,483 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for Honduras

[[Page 71702]]

for CY2022 is 10,560 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 CY2022 is 10,560 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 CY2022).

Nicaragua

    During CY2020, the most recent year for which data are available, 
Nicaragua's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 357,945 
metric tons according to data published by the National Committee of 
Sugar Producers (CNPA). Based on this data, USTR has determined that 
Nicaragua's trade surplus is 357,945 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 
for Nicaragua for CY2022 is 29,040 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 CY2022 is 
29,040 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 CY2022).

IV. Peru TPA

    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 HTSUS to reflect the tariff treatment provided for in the Peru TPA.
    Note 28(c) to subchapter XXII of HTSUS chapter 98 requires USTR to 
publish annually 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 HTSUS 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 CY2020, the most recent year for which data are available, 
Peru's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 325,050 
metric tons according to data published by the National Superintendence 
of Customs and Tax Administration (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 HTSUS chapter 98, 
goods of Peru are not eligible to enter the United States duty-free 
under subheading 9822.06.10 in CY2022.

V. Colombia TPA

    Pursuant to section 201 of the United States-Colombia Trade 
Promotion Agreement Implementation Act (Pub. L. 112-42; 19 U.S.C. 3805 
note), Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 29519) 
implemented the Colombia TPA on behalf of the United States and 
modified the HTSUS to reflect the tariff treatment provided for in the 
Colombia TPA.
    Note 32(b) to subchapter XXII of HTSUS chapter 98 requires USTR to 
publish annually 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 HTSUS 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 CY2020, the most recent year for which data are available, 
Colombia's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 
313,846, metric tons according to data published by the Colombian 
National Tax and Customs Directorate (DIAN). Based on this data, USTR 
has determined that Colombia's trade surplus is 313,846 metric tons. 
The specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII 
of HTSUS chapter 98 for Colombia for CY2022 is 57,500 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 CY2022 is 57,500 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 CY2022).

VI. Panama TPA

    Pursuant to section 201 of the United States-Panama Trade Promotion 
Agreement Implementation Act (Pub. L. 112-43; 19 U.S.C. 3805 note), 
Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 66505) 
implemented the Panama TPA on behalf of the United States and modified 
the HTSUS to reflect the tariff treatment provided for in the Panama 
TPA.
    Note 35(a) to subchapter XXII of HTSUS chapter 98 requires USTR to 
publish annually 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 HTSUS 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 CY2020, the most recent year for which data are available, 
Panama's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 659 
metric tons according to data published by the National Institute of 
Statistics and Census, Office of the General Comptroller of Panama; and 
the Ministry of Commerce and Industry of Panama. Based on this data, 
USTR has determined that Panama's trade surplus is negative. Therefore, 
in accordance with that note, goods of Panama are not eligible to enter 
the United States duty-free under subheading 9822.09.17 in CY2022.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-27384 Filed 12-16-21; 8:45 am]
BILLING CODE 3290-F2-P