Notice2023-27761
Determinations 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; Correction
Primary source
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Published
December 22, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
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 determinations 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). In the Federal Register of December 13, 2023, The Office of the U.S. Trade Representative published a document that omitted information. This document corrects that notice.
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88697-88699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27761]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Determinations 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; Correction
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 determinations 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). In the Federal Register of December 13, 2023,
The Office of the U.S. Trade Representative published a document that
omitted information. This document corrects that notice.
DATES: This notice is applicable on January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Erin Nicholson, Office of Agricultural
Affairs, at (202) 395-9419 or <a href="/cdn-cgi/l/email-protection#f0b582999edeb8debe9993989f9c839f9eb085838482de959f80de979f86"><span class="__cf_email__" data-cfemail="0441766d6a2a4c2a4a6d676c6b68776b6a44717770762a616b742a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document corrects the notice published
December 13, 2023 at 88 FR 86439.
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 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 1701.12, 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
subheadings1702.40 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 CY2022, 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 677,267
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 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 CY2024.
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.
[[Page 88698]]
Note 6(a) to subchapter XXII of HTSUS chapter 98 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
1701.12, 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 CY2022, 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 813,832
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 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 CY2024.
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 CY. In each successive year after CY2022, the aggregate
quantity for each country increases, from the aggregate quantity
permitted in the prior calendar year, by the quantity set out in that
note.
Costa Rica
During CY2022, 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 80,351
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 80,351 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 CY2024 is 14,960 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 CY2024 is 14,960 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 CY2024).
Dominican Republic
During CY2022, 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 4,169 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 CY2024.
El Salvador
During CY2022, 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 328,773
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 328,773 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 CY2024 is 38,760 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 2024 is 38,760
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 CY2024).
Guatemala
During CY2022, 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
1,440,875 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 1,440,875 metric
tons. The specific quantity set out in U.S. Note 25(b)(ii) to
subchapter XXII of HTSUS chapter 98 for Guatemala for CY2024 is 53,580
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 2024 is 53,580 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 CY2024).
Honduras
During CY2022, 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 129,017
metric tons according to data published by the Central Bank of
Honduras. Based on this data, USTR has determined that Honduras' trade
surplus is 129,017 metric tons. The specific quantity set out in U.S.
Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for Honduras for
CY 2024 is 10,880 metric tons. Therefore, in accordance with that note,
the aggregate quantity of goods of
[[Page 88699]]
Honduras that may be entered duty-free under subheading 9822.05.20 in
CY 2024 is 10,880 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 CY2024).
Nicaragua
During CY2022, 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 340,879
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 340,879 metric tons. The specific quantity
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98
for Nicaragua for CY 2024 is 29,920 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 CY2024 is
29,920 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 CY2024).
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 CY.
During CY2022, 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 289,046
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 CY2024.
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
CY.
During CY2022, 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 276,069
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 276,069 metric tons. The specific
quantity set out in U.S. Note 32(c)(i) to subchapter XXII of HTSUS
chapter 98 for Colombia for CY2024 is 59,000 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 CY2024 is
59,000 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 CY2024).
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
CY.
During CY2022, 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 413
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 CY2024.
Douglas McKalip,
Chief Agricultural Negotiator, Office of the United States Trade
Representative.
[FR Doc. 2023-27761 Filed 12-21-23; 8:45 am]
BILLING CODE 3390-F4-P
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</html>Indexed from Federal Register on December 22, 2023.
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