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]
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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]
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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,
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Management System (ADAMS) Public
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who do not have access to ADAMS or
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the documents located in ADAMS
should contact the NRC PDR Reference
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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.
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discussed in these caucuses would
unacceptably impair the ability of the
Committee to reach a consensus on the
matters being considered and would
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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
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constitute a substantial portion of a
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Annually, the Chair compiles a report
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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
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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
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15:27 Dec 04, 2008
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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)
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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
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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.
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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 https://
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).
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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.
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
