[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Page 29800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09722]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2023-0002]


Definition of Specialty Sugar in the Rules Concerning Allocation 
of the U.S. Refined Sugar Tariff-Rate Quota

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative (USTR) is 
requesting public comments on specific eligibility criteria in the 
definition of the term `specialty sugar' in the regulations concerning 
issuance of specialty sugar certificates for the tariff-rate quota 
(TRQ) on imports of sugars, syrups, and molasses provided in the 
Harmonized Tariff Schedule of the United States (HTSUS) that was most 
recently amended by a final rule in 1996, and an interim final rule in 
1990.

DATES: USTR must receive your written comments on or before July 7, 
2023.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov. The docket number for 
this rulemaking is USTR-2023-0002. Upon completion of processing, USTR 
will publicly post comments without change and will include any 
personal information you provide, such as your name, mailing address, 
email address, and telephone number. You can view copies of all 
comments by entering the docket number USTR-2023-0002 in the search 
field at regulations.gov.

FOR FURTHER INFORMATION CONTACT: Erin Nicholson, Office of Agricultural 
Affairs, at 202-395-9419, or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The U.S. Department of Agriculture establishes the aggregate levels 
of the World Trade Organization (WTO) TRQ for refined sugars each 
fiscal year and may reserve a quantity for specialty sugar imports. 
This specialty sugar TRQ is administered globally on a first-come, 
first-served basis.
    Pursuant to 19 U.S.C. 3601 and Presidential Proclamation 6763, USTR 
has the authority to promulgate regulations to administer the TRQs 
relating to certain agricultural products, including the sugar TRQs as 
defined in additional U.S. Note 5 to Chapter 17 of the HTSUS. USTR 
issued rules, codified at 15 CFR part 2011, subpart B, setting forth 
the terms and conditions under which certificates will be issued to 
U.S. importers for importing specialty sugars from source countries. 
For the purposes of subpart B, the term `specialty sugar' is defined in 
section 2011.202(i).
    The interim final rule published on October 4, 1990 (55 FR 40646), 
included in the last subparagraph of the definition of `specialty 
sugar' (section 2011.202(j)(3)) the criterion that specialty sugar 
``[r]equire no further refining, processing, or other preparation prior 
to consumption, other than incorporation as an ingredient in human 
food.'' In the final rule published on May 29, 1996 (61 FR 26783), USTR 
addressed certain amendments to the definition of `specialty sugar,' 
including the addition of specific products to the list of eligible 
sugars and a provision for ``other sugars, as determined by the United 
States Trade Representative, that would be considered specialty sugar 
products within the normal commerce of the United States''. The final 
rule also made conforming changes to reflect updates to the HTSUS and 
redesignated the definition from section 2011.202(j) to section 
2011.202(i) (61 FR at 26783-26784). The final rule did not clearly 
indicate whether the criterion in the last subparagraph was maintained 
or had been eliminated. However, this criterion was not reflected in 
the amended definition published in the CFR.

II. Input Requested

    Some stakeholders have suggested that USTR amend the definition of 
specialty sugar at 15 CFR part 2011 to reflect the criterion that 
specialty sugar ``[r]equire no further refining, processing, or other 
preparation prior to consumption, other than incorporation as an 
ingredient in human food.'' In this regard, USTR seeks information from 
stakeholders on the following questions:
    1. Please indicate whether you would support amending the specialty 
sugar definition to reflect this criterion as part of the definition of 
specialty sugar. Please explain the rationale for your position.
    2. Are there current circumstances, including with respect to 
market dynamics, that would support USTR amending the specialty sugar 
definition to reflect this criterion? Please explain your answer.
    3. How could the U.S. Government best enforce compliance with this 
criterion?
    4. How would this criterion improve or harm the operation of the 
specialty sugar TRQ? Please explain your views.
    5. How would this criterion impact U.S. imports of sugar, including 
any impacts on trade from particular supplying countries?
    6. How would this criterion impact U.S. sugar prices, including 
prices for conventional sugars, organic sugars, raw sugars, refined 
sugars, or other sugar-containing products?

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2023-09722 Filed 5-5-23; 8:45 am]
BILLING CODE 3390-F3-P