Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, 74210-74212 [E8-28857]

Download as PDF 74210 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices Accession Number: ML061510621). [FR Doc. E8–28850 Filed 12–4–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–285] dwashington3 on PROD1PC60 with NOTICES Omaha Public Power District, Fort Calhoun Station, Unit No. 1; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Omaha Public Power District (the licensee) to withdraw its February 5, 2008, application for proposed amendment to Facility Operating License No. DPR–40 for the Fort Calhoun Station, Unit No. 1, located in Washington County, Nebraska. The proposed amendment would have revised the Technical Specifications (TS) to eliminate the second condition of Limiting Conditions for Operation from (LCO) 2.5(1)A. The current LCO 2.5(1)A. states, ‘‘With one steam supply to the turbine driven AFW [auxiliary feedwater] pump inoperable, restore the steam supply to OPERABLE status within 7 days and within 8 days from discovery of the failure to meet the LCO.’’ The amendment would have eliminated the second condition that states, ‘‘and within 8 days from discovery of failure to meet the LCO.’’ The licensee stated that the proposed change would have been consistent with the objective of Technical Specification Task Force (TSTF) Traveler TSTF–439, Revision 2, ‘‘Eliminate Second Completion Times Limiting Time From Discovery of Failure to Meet an LCO.’’ The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the Federal Register on June 3, 2008 (73 FR 31722). However, by letter dated November 10, 2008, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated February 5, 2008, and the licensee’s letter dated November 10, 2008, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and VerDate Aug<31>2005 15:27 Dec 04, 2008 Jkt 217001 Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http:// www.nrc.gov/reading-rm.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, or 301–415–4737 or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 26th day of November 2008. For the Nuclear Regulatory Commission. Alan B. Wang, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–28846 Filed 12–4–08; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Federal Prevailing Rate Advisory Committee; Open Committee Meetings According to the provisions of section 10 of the Federal Advisory Committee Act (Pub. L. 92–463), notice is hereby given that a meeting of the Federal Prevailing Rate Advisory Committee will be held on Thursday, January 8, 2009. The meeting will start at 10 a.m. and will be held in Room 5A06A, U.S. Office of Personnel Management Building, 1900 E Street, NW., Washington, DC. The Federal Prevailing Rate Advisory Committee is composed of a Chair, five representatives from labor unions holding exclusive bargaining rights for Federal blue-collar employees, and five representatives from Federal agencies. Entitlement to membership on the Committee is provided for in 5 U.S.C. 5347. The Committee’s primary responsibility is to review the Prevailing Rate System and other matters pertinent to establishing prevailing rates under subchapter IV, chapter 53, 5 U.S.C., as amended, and from time to time advise the U.S. Office of Personnel Management. This scheduled meeting will start in open session with both labor and management representatives attending. During the meeting either the labor members or the management members may caucus separately with the Chair to devise strategy and formulate positions. Premature disclosure of the matters discussed in these caucuses would unacceptably impair the ability of the Committee to reach a consensus on the matters being considered and would PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 disrupt substantially the disposition of its business. Therefore, these caucuses will be closed to the public because of a determination made by the Director of the U.S. Office of Personnel Management under the provisions of section 10(d) of the Federal Advisory Committee Act (Pub. L. 92–463) and 5 U.S.C. 552b(c)(9)(B). These caucuses may, depending on the issues involved, constitute a substantial portion of a meeting. Annually, the Chair compiles a report of pay issues discussed and concluded recommendations. These reports are available to the public, upon written request to the Committee. The public is invited to submit material in writing to the Chair on Federal Wage System pay matters felt to be deserving of the Committee’s attention. Additional information on this meeting may be obtained by contacting the Committee at U.S. Office of Personnel Management, Federal Prevailing Rate Advisory Committee, Room 5526, 1900 E Street, NW., Washington, DC 20415, (202) 606–2838. Dated: December 1, 2008. Charles E. Brooks, Chairman, Federal Prevailing Rate Advisory Committee. [FR Doc. E8–28835 Filed 12–4–08; 8:45 am] BILLING CODE 6325–49–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua AGENCY: Office of the United States Trade Representative. ACTION: Notice. 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 and sugar-containing products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. 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), in the case of Chile; (ii) the United States—Morocco E:\FR\FM\05DEN1.SGM 05DEN1 dwashington3 on PROD1PC60 with NOTICES Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices Free Trade Agreement (Morocco FTA), in the case of Morocco; and (iii) the Dominican Republic—Central America—United States Free Trade Agreement (CAFTA-DR), in the case of the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. DATES: Effective Date: December 5, 2008. ADDRESSES: Inquiries may be mailed or delivered to Leslie O’Connor, 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: Leslie O’Connor, Office of Agricultural Affairs, 202–395–6127. 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 and rules of origin treatment provided for in the Chile FTA. U.S. 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, 1701.91, 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 U.S. 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. U.S. 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) 2007, the most recent year for which data is available, Chile’s imports of the sugar and syrup goods and sugar-containing products described above exceeded its VerDate Aug<31>2005 15:27 Dec 04, 2008 Jkt 217001 exports of those goods by 21,613 metric tons according to data published by its customs authority, the Banco Central de Chile. 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 CY2009. 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 and rules of origin treatment provided for in the Morocco FTA. U.S. 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, 1701.91, 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. U.S. 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. U.S. 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 CY2007, 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 745,748 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) PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 74211 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 CY2008. 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), and Presidential Proclamation No. 8111 of February 28, 2007 (72 FR 10025) implemented the CAFTA-DR on behalf of the United States and modified the HTS to reflect the tariff and rules of origin treatment provided for in the CAFTA-DR. U.S. 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, 1701.91, and 1701.99 and its imports of U.S. 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 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 CY2007, the most recent year for which data is available, the Dominican Republic’s imports of the sugar and syrup goods and sugarcontaining products described above exceeded its exports of those goods by 95,631 metric tons according to data published by the Instituto Azucarero Dominicano. 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 E:\FR\FM\05DEN1.SGM 05DEN1 dwashington3 on PROD1PC60 with NOTICES 74212 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices United States duty-free under subheading 9822.05.20 in CY2008. During CY2007, 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 160,906 metric tons according to data published by the Banco Central de Reserva de El Salvador. Based on this data, USTR determines that El Salvador’s trade surplus is 160,906 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of El Salvador that may be entered duty-free under subheading 9822.05.20 in CY2009 is 28,000 metric tons (i.e., the amount set out in that note for El Salvador for 2009). During CY2007, 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 1,058,320 metric tons according to data published by the ´ Asociacion de Azucareros de Guatemala. Based on this data, USTR determines that Guatemala’s trade surplus is 1,058,320 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Guatemala that may be entered duty-free under subheading 9822.05.20 in CY2009 is 37,000 metric tons (i.e., the amount set out in that note for Guatemala for 2009). During CY2007, 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 36,227 metric tons according to data published by the Banco Central de Honduras. Based on this data, USTR determines that Honduras’ trade surplus is 36,227 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Honduras that may be entered duty-free under subheading 9822.05.20 in CY2009 is 8,480 metric tons (i.e., the amount set out in that note for Honduras for 2009). During CY2007, 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 158,861 metric tons according to data published by the Ministerio de Fomento, Industria, y Comercio. Based on this data, USTR determines that Nicaragua’s trade surplus is 158,861 metric tons. VerDate Aug<31>2005 15:27 Dec 04, 2008 Jkt 217001 Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Nicaragua that may be entered duty-free under subheading 9822.05.20 in CY2009 is 23,320 metric tons (i.e., the amount set out in that note for Nicaragua for 2009). James Murphy, Assistant United States Trade Representative. [FR Doc. E8–28857 Filed 12–4–08; 8:45 am] BILLING CODE 3190–W9–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–10 and CP2009–12; Order No. 141] International Mail AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recently-filed Postal Service request to add Inbound Express Mail International (EMS) Originating from Foreign Posts to the Competitive Product List. The Postal Service has also filed one related contract. This notice addresses procedural steps associated with these filings. DATES: Comments due December 5, 2008. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: I. Background On November 19, 2008, the Postal Service filed a request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Inbound International Expedited Services 2 to the Competitive Product List.1 The Postal Service asserts that Inbound International Expedited Services 2 is a competitive product within the meaning of 39 U.S.C. 3632(b)(3). This Request has been assigned Docket No. MC2009–10. The Postal Service contemporaneously filed notice, pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5, that the Governors have 1 Request of the United States Postal Service Regarding Inbound Express Mail International (EMS) from Foreign Posts to Add Inbound International Expedited Services 2 to Competitive Product List; and Notice of Establishment of Rates and Classifications Not of General Applicability, November 19, 2008 (Request). PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 established prices and classifications not of general applicability for inbound Express Mail International (EMS) originating from foreign posts. More specifically, the Governors’ Decision defines three price tiers for Inbound Express Mail originating from foreign posts and proposes that the Commission permit the three price tiers applicable to EMS from foreign posts that have prices set using the Universal Postal Union (UPU) process to be classified as a single product, Inbound International Expedited Services 2. Request at 4.2 EMS prices have been established for these agreements by the Postal Service in accordance with the UPU,3 which authorizes each participating destination postal administration to set its prices for inbound Express Mail with notification to partners directly or through the UPU’s International Bureau by August 31 of the year prior to the effective date. Request at 2. The Postal Service generally makes notification of prices established through the UPU International Bureau, but also sends letters directly to foreign postal administrations. Governors’ Decision at 1, n.2. The Postal Service asserts that the EMS Cooperative process allows the destination administration to set pieces and weight prices according to a threetier system.4 The tiers consist of: 1. Pay-for-performance. Available to members of the Kahala Post Group and EMS Cooperative members who elect to comply with pay-for-performance provisions; 2. EMS Cooperative. EMS Cooperative members who elect not to comply with pay-for-performance provisions; and 2 The Governors’ Decision states that the Mail Classification Schedule (MCS) language which sets forth three EMS price tiers addresses the Commission recommendation that a consistent approach be used for ‘‘organizing competitive product negotiated agreements within the Mail Classification Schedule.’’ PRC Order No. 84, Order Concerning the China Post Group Inbound EMS Agreement, Docket No. CP2008–7, June 27, 2008, at 6. 3 See Attachment 4 to the Request, Certification of Prices for Inbound Express Mail International (EMS), which states prices were established by letter dated August 28, 2008, to the International Bureau of the UPU. 4 The Postal Service states that at the time of Governors’ Decision No. 08–20 in this proceeding, EMS prices met all requirements of the financial model which is reflected in the decision. The financial model filed under seal in the instant case provides inputs that became available subsequent to the Governors’ vote. This model as filed has an anomaly because the margin is slightly below the threshold set by the Governors. However, the Postal Service contends that this difference should not impact the Commission’s approval of the prices that were established in August 2008 and that the cost coverage presented in the model as filed is above 100 percent and satisfies the statutory pricing criteria for competitive products. E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74210-74212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28857]


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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, the Dominican 
Republic, El Salvador, Guatemala, Honduras, and Nicaragua

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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

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 and 
sugar-containing products of Chile, Morocco, the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua. 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), in the case 
of Chile; (ii) the United States--Morocco

[[Page 74211]]

Free Trade Agreement (Morocco FTA), in the case of Morocco; and (iii) 
the Dominican Republic--Central America--United States Free Trade 
Agreement (CAFTA-DR), in the case of the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua.

DATES: Effective Date: December 5, 2008.

ADDRESSES: Inquiries may be mailed or delivered to Leslie O'Connor, 
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: Leslie O'Connor, Office of 
Agricultural Affairs, 202-395-6127.

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 and rules of 
origin treatment provided for in the Chile FTA.
    U.S. 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, 1701.91, 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 
U.S. 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.
    U.S. 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) 2007, the most recent year for which data 
is available, Chile's imports of the sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods 
by 21,613 metric tons according to data published by its customs 
authority, the Banco Central de Chile. 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 CY2009.
    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 and rules of origin treatment 
provided for in the Morocco FTA.
    U.S. 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, 1701.91, 
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.
    U.S. 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.
    U.S. 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 CY2007, 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 745,748 
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 CY2008.
    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), and Presidential Proclamation No. 8111 of 
February 28, 2007 (72 FR 10025) implemented the CAFTA-DR on behalf of 
the United States and modified the HTS to reflect the tariff and rules 
of origin treatment provided for in the CAFTA-DR.
    U.S. 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, 1701.91, and 1701.99 and its 
imports of U.S. 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 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 CY2007, 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 95,631 metric tons according to data published by the 
Instituto Azucarero Dominicano. 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

[[Page 74212]]

United States duty-free under subheading 9822.05.20 in CY2008.
    During CY2007, 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 160,906 
metric tons according to data published by the Banco Central de Reserva 
de El Salvador. Based on this data, USTR determines that El Salvador's 
trade surplus is 160,906 metric tons. Therefore, in accordance with 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate 
quantity of goods of El Salvador that may be entered duty-free under 
subheading 9822.05.20 in CY2009 is 28,000 metric tons (i.e., the amount 
set out in that note for El Salvador for 2009).
    During CY2007, 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 
1,058,320 metric tons according to data published by the 
Asociaci[oacute]n de Azucareros de Guatemala. Based on this data, USTR 
determines that Guatemala's trade surplus is 1,058,320 metric tons. 
Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98, the aggregate quantity of goods of Guatemala that may 
be entered duty-free under subheading 9822.05.20 in CY2009 is 37,000 
metric tons (i.e., the amount set out in that note for Guatemala for 
2009).
    During CY2007, 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 36,227 
metric tons according to data published by the Banco Central de 
Honduras. Based on this data, USTR determines that Honduras' trade 
surplus is 36,227 metric tons. Therefore, in accordance with U.S. Note 
25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity 
of goods of Honduras that may be entered duty-free under subheading 
9822.05.20 in CY2009 is 8,480 metric tons (i.e., the amount set out in 
that note for Honduras for 2009).
    During CY2007, 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 158,861 
metric tons according to data published by the Ministerio de Fomento, 
Industria, y Comercio. Based on this data, USTR determines that 
Nicaragua's trade surplus is 158,861 metric tons. Therefore, in 
accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 
98, the aggregate quantity of goods of Nicaragua that may be entered 
duty-free under subheading 9822.05.20 in CY2009 is 23,320 metric tons 
(i.e., the amount set out in that note for Nicaragua for 2009).

James Murphy,
Assistant United States Trade Representative.
[FR Doc. E8-28857 Filed 12-4-08; 8:45 am]
BILLING CODE 3190-W9-P