[Federal Register Volume 78, Number 234 (Thursday, December 5, 2013)]
[Notices]
[Pages 73234-73237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29100]
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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 relevant provisions of 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
[[Page 73235]]
and sugar-containing products of Chile, Morocco, Costa Rica, the
Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru,
Colombia, and Panama. As described below, 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: Effective January 1, 2014.
ADDRESSES: Inquiries may be mailed or delivered to Ann Heilman-Dahl,
Director of Agricultural Affairs, Office of Agricultural Affairs,
Office of the United States Trade Representative, 600 17th Street NW.,
Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Ann Heilman-Dahl, Office of
Agricultural Affairs, telephone: (202) 395-9582 or facsimile: (202)
395-4579.
SUPPLEMENTARY INFORMATION:
Chile: 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 HTS to reflect the tariff treatment provided for in the
Chile FTA.
Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is
required to publish annually in the Federal Register 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, 1701.13,
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 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 an amount
equal to the lesser of Chile's trade surplus or the specific quantity
set out in that note for that calendar year.
U.S. Note 12(c) to subchapter XI of HTS chapter 99 provides
preferential tariff treatment for certain sugar and syrup goods and
sugar-containing products of Chile entered under subheading 9911.17.10
through 9911.17.85 in an amount equal to the amount by which Chile's
trade surplus exceeds the specific quantity set out in that note for
that calendar year.
During calendar year (CY) 2012, the most recent year for which data
is available, Chile's imports of sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods
by 517,065 metric tons according to data published by the Servicio
Nacional de Aduana (Chile Customs). Based on this data, USTR determines
that Chile's trade surplus is negative. Therefore, in accordance with
U.S. Note 12(b) and U.S. Note 12(c) 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 or at preferential tariff rates under
subheading 9911.17.10 through 9911.17.85 in CY 2014.
Morocco: 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 HTS to reflect the tariff treatment provided for in the
Morocco FTA.
Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR
is required to publish annually in the Federal Register a determination
of the amount of Morocco's trade surplus, by volume, with all sources
for goods in HS subheadings 1701.11, 1701.12, 1701.13, 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 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 2012, 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
1,002,662 metric tons according to data published by its customs
authority, the Office des Changes. Based on this data, USTR determines
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 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 2014.
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 HTS to reflect the tariff treatment provided for in
the CAFTA-DR.
Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides that
USTR is required to publish annually in the Federal Register a
determination of the amount of each CAFTA-DR country'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 each
CAFTA-DR country's exports to the United States of goods classified
under HS subheadings 1701.11, 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
[[Page 73236]]
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.
During CY 2012, 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 41,312
metric tons according to data published by the Costa Rican Customs
Department, Ministry of Finance. Based on this data, USTR determines
that Costa Rica's trade surplus is 41,312 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 2014 is 12,760 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
2014 is 12,760 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 2014).
During CY 2012, 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 36,360 metric tons according to data published by the
Instituto Azucarero Dominicano and the National Statistics Office of
the Dominican Republic. Based on this data, USTR determines 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 2014.
During CY 2012, 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 133,154
metric tons according to data published by the Central Bank of El
Salvador. Based on this data, USTR determines that El Salvador's trade
surplus is 133,154 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 2014 is 31,620 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 2014 is 31,620 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
2014).
During CY 2012, 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
1,337,435 metric tons according to data published by the
Asociacio[acute]n de Azucareros de Guatemala (ASAZGUA). Based on this
data, USTR determines that Guatemala's trade surplus is 1,337,435
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 2014 is 42,840
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 2014 is 42,840 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 2014).
During CY 2012, 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 48,339
metric tons according to data published by the Central Bank of
Honduras. Based on this data, USTR determines that Honduras' trade
surplus is 48,339 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
2014 is 9,280 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 2014 is 9,280 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 2014).
During CY 2012, 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 209,946
metric tons according to data published by the Ministry of Development,
Industry and Trade (MIFIC). Based on this data, USTR determines that
Nicaragua's trade surplus is 209,946 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 2014 is 25,520 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 2014 is 25,520
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 2014).
Peru: 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 HTS to reflect the tariff treatment provided for in the
Peru TPA.
Note 28(c) to subchapter XXII of HTS chapter 98 provides that USTR
is required to publish annually in the Federal Register a determination
of the amount of Peru's trade surplus, by volume, with all sources for
goods in HS subheadings 1701.11, 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 1701.11, 1701.12,
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 2012, the most recent year for which data is available,
Peru's imports of the sugar goods described above exceeded its exports
of those goods by 303,225 metric tons according to data published by
the Superintendencia Nacional de Administracion Tributaria. Based on
this data, USTR determines 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 2014.
Colombia: 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 HTS to reflect the tariff treatment provided for in the
Colombia TPA.
Note 32(b) to subchapter XXII of HTS chapter 98 provides that USTR
is required to publish annually in the Federal Register 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,
[[Page 73237]]
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 2012, 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 369,367
metric tons according to data published by Global Trade Atlas. Based on
this data, USTR determines that Colombia's trade surplus is 369,367
metric tons. The specific quantity set out in U.S. Note 32(c)(i) to
subchapter XXII of HTS chapter 98 for CY 2014 is 51,500 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 CY 2014 is 51,500 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 CY 2014).
Panama: 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 HTS to reflect the tariff treatment provided for in the
Panama TPA.
Note 35(a) to subchapter XXII of HTS chapter 98 provides that USTR
is required to publish annually in the Federal Register 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 2012, the most recent year for which data is available,
Panama's imports of the sugar and syrup goods and sugar-containing
products described above exceeded its exports of those goods by 1,152
metric tons according to data published by National Institute of
Statistics and Census, Office of the General Comptroller of Panama.
Based on this data, USTR determines that Panama's trade surplus is
negative. Therefore, in accordance with U.S. Note 35(c) to subchapter
XXII of HTS chapter 98, goods of Panama are not eligible to enter the
United States duty-free under subheading 9822.09.17.
Islam A. Siddiqui,
Chief Agricultural Negotiator, Office of the U.S. Trade Representative.
[FR Doc. 2013-29100 Filed 12-4-13; 8:45 am]
BILLING CODE 3290-F4-P