[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78185-78187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27660]



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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, 2023.

FOR FURTHER INFORMATION CONTACT: Erin H. Nicholson, Office of 
Agricultural Affairs, (202) 395-9419 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 3(a) to subchapter XXII of HTSUS chapter 98 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 1701.12, 1701.13, 1701.14, 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.
    Note 3(b) to subchapter XXII of HTSUS chapter 98 provides duty-free 
treatment for certain sugar and syrup goods and sugar-containing 
products of Chile entered under subheading 9822.02.01 in any calendar 
year (CY) (beginning in CY2016) in the quantity of goods equal to the 
amount of Chile's trade surplus in subdivision (a) of the note.
    During CY2021, 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 685,827 
metric tons according to data published by its customs authority, the 
Servicio Nacional de Aduana. Based on these data, USTR has determined 
that Chile's trade surplus is negative. Therefore, in accordance with 
U.S. Note 3(b) to subchapter XXII of HTSUS chapter 98, goods of Chile 
are not eligible to enter the United States duty-free under subheading 
9822.02.01 in CY2023.

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 6(a) to subchapter XXII of HTSUS chapter 98 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 
1701.12, 1701.13, 1701.14, 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.
    Note 6(b) to subchapter XXII of HTSUS chapter 98 provides duty-free 
treatment for certain sugar and syrup goods and sugar-containing 
products of Morocco entered under subheading 9822.03.01 in any CY in 
the quantity of goods equal to the amount of Morocco's trade surplus in 
subdivision (a) of the note.
    During CY2021, 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 881,526 
metric tons according to data published by its customs authority, the 
Office des Changes. Based on these data, USTR has determined that 
Morocco's trade surplus is negative. Therefore, in accordance with U.S. 
Note 6(b) to subchapter XXII of HTSUS chapter 98, goods of Morocco are 
not eligible to enter the United States duty-free under subheading 
9822.03.01 in CY2023.

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 
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 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

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CY. In each successive year after CY2021, the aggregate quantity for 
each country increases, from the aggregate quantity permitted in the 
prior CY, by the quantity set out in that note.

Costa Rica

    During CY2021, 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 136,992 
metric tons according to data published by the Costa Rican Customs 
Department, Ministry of Finance. Based on these data, USTR has 
determined that Costa Rica's trade surplus is 136,992 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 CY2023 is 14,740 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 CY2023 is 14,740 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 CY2023).

Dominican Republic

    During CY2021, 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 10,856 metric tons according to data published by the General 
Directorate of Customs (DGA). Based on these 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 CY2023.

El Salvador

    During CY2021, 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 479,825 
metric tons according to data published by the Central Bank of El 
Salvador. Based on these data, USTR has determined that El Salvador's 
trade surplus is 479,825 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 CY2023 is 38,080 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 CY2023 is 38,080 
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 CY2023).

Guatemala

    During CY2021, 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 
1,133,478 metric tons according to data published by the Guatemalan 
Sugar Association (ASAZGUA) and Bank of Guatemala. Based on these data, 
USTR has determined that Guatemala's trade surplus is 1,133,478 metric 
tons. The specific quantity set out in U.S. Note 25(b)(ii) to 
subchapter XXII of HTSUS chapter 98 for Guatemala for CY2023 is 52,640 
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 CY2023 is 52,640 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 CY2023).

Honduras

    During CY2021, 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 83,518 
metric tons according to data published by the Central Bank of 
Honduras. Based on these data, USTR has determined that Honduras' trade 
surplus is 83,518 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for Honduras for 
CY2023 is 10,720 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 CY2023 is 10,720 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 CY2023).

Nicaragua

    During CY2021, 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 230,181 
metric tons according to data published by the National Committee of 
Sugar Producers (CNPA). Based on these data, USTR has determined that 
Nicaragua's trade surplus is 230,181 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 
for Nicaragua for CY2023 is 29,480 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 CY2023 is 
29,480 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 CY2023).

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 
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 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 CY.
    During CY2021, 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 193,803 
metric tons according to data published by the National Superintendence 
of Customs and Tax Administration (SUNAT). Based on these 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 CY2023.

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),

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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 
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 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 
CY.
    During CY2021, 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 255,011 
metric tons according to data published by the Colombian National Tax 
and Customs Directorate (DIAN). Based on these data, USTR has 
determined that Colombia's trade surplus is 255,011 metric tons. The 
specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII of 
HTSUS chapter 98 for Colombia for CY2023 is 58,250 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 CY2023 is 58,250 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 CY2023).

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 
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 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 
CY.
    During CY2021, the most recent year for which data are available, 
Panama's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 1,141 
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 these data, 
USTR has determined that Panama's trade surplus is 1,141 metric tons. 
The specific quantity set out in U.S. Note 35(c) to subchapter XXII of 
HTS chapter 98 for Panama for CY2023 is 560 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 CY2023 is 
560 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 
CY2023).

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-27660 Filed 12-20-22; 8:45 am]
BILLING CODE 3390-F3-P