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

CourtTrade Representative Office Of The United States
Citation86 FR 71700
Publication Date17 December 2021
Record Number2021-27384
Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)
[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.
                -----------------------------------------------------------------------
                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
                

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