Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, and Peru, 66718-66720 [E9-29858]

Download as PDF 66718 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices Regulatory Organizations.24 In the Concept Release, the Commission states that: ‘‘Given the inherent tension between an SRO’s role as a business and as a regulator, there undoubtedly is a temptation for an SRO to fund the business side of its operations at the expense of regulation.’’ 25 In order to address this potential conflict, the Commission proposed in the Governance Release rules that would require an SRO to direct monies collected from regulatory fees, fines, or penalties exclusively to fund the regulatory operations and other programs of the SRO related to its regulatory responsibilities.26 The Exchange has designed the ORF to generate revenues that, when combined with all of the Exchange’s other regulatory fees, will approximate the Exchange’s regulatory costs, which is consistent with the Commission’s view that regulatory fees be used for regulatory purposes and not to support the Exchange’s business side. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or received. srobinson on DSKHWCL6B1PROD with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 27 and paragraph (f)(2) of Rule 19b–4 28 thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and 24 See Securities Exchange Act Release No. 50699 (November 18, 2004), 69 FR 71126 (December 8, 2004) (‘‘Governance Release’’). 25 Concept Release at 71268. 26 Governance Release at 71142. 27 15 U.S.C. 78s(b)(3)(A)(ii). 28 17 CFR 240.19b–4(f)(2). VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–Phlx–2009–100 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–Phlx–2009–100. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 am and 3 pm. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–Phlx–2009–100 and should be submitted on or before January 6, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.29 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–29830 Filed 12–15–09; 8:45 am] BILLING CODE 8011–01–P 29 17 PO 00000 CFR 200.30–3(a)(12). Frm 00105 Fmt 4703 Sfmt 4703 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, Nicaragua, and Peru 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, Nicaragua, and Peru. 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 Free Trade Agreement (Morocco FTA), in the case of Morocco; (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; and (iv) the United States—Peru Trade Promotion Agreement (Peru TPA), in the case of Peru. DATES: Effective Date: December 16, 2009. 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, telephone: 202–395–6127 or facsimile: 202–395–4579. SUPPLEMENTARY INFORMATION: Chile: Pursuant to section 201 of the United States—Chile Free Trade Agreement Implementation Act (Pub. L. 108–77; 19 U.S.C. 3805 note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 75789) implemented the Chile FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Chile FTA. E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 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) 2008, the most recent year for which data is available, Chile’s imports of sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 588,127 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 dutyfree under subheading 9911.17.05 or at preferential tariff rates under subheading 9911.17.10 through 9911.17.85 in CY2010. Morocco: Pursuant to section 201 of the United States—Morocco Free Trade Agreement Implementation Act (Pub. L. 108–302; 19 U.S.C. 3805 note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 76651) implemented the Morocco FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Morocco FTA. 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 VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 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 CY2008, 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 751,207 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 CY2010. 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 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 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 66719 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 CY2008, 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 10,840 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 United States duty-free under subheading 9822.05.20 in CY2010. During CY2008, 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 77,228 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 77,228 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El Salvador for CY2010 is 28,560 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 CY2010 is 28,560 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 CY2010). During CY2008, the most recent year for which data is available, Guatemala’s exports of the sugar and syrup goods and sugar-containing products E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66720 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices described above exceeded its imports of those goods by 873,884 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 873,884 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Guatemala for CY2010 is 37,740 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 CY2010 is 37,740 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 CY2010). During CY2008, 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 6,163 metric tons according to data published by the Banco Central de Honduras. Based on this data, USTR determines that Honduras’ trade surplus is 6,163 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for CY2010 is 8,640 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 CY2010 is 6,163 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 CY2010). During CY2008, 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 51,877 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 51,877 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Nicaragua for CY2010 is 23,760 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 CY2010 is 23,760 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 CY2010). Peru: Pursuant to section 201 of the United States—Peru Trade Promotion Agreement Implementation Act (Pub. L. 110–138; 19 U.S.C. 3805 note), Presidential Proclamation No. 8341 of VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 January 16, 2009 (74 FR 4105) implemented the Peru TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Peru TPA. U.S. Note 28(c) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Peru’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.20, 1702.40, and 1702.60, except that Peru’s imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that are originating goods under the Peru TPA and Peru’s exports to the United States of goods classified under HS subheadings 1701.11, 1701.12, 1701.91, and 1701.99 are not included in the calculation of Peru’s trade surplus. U.S. Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Peru entered under subheading 9822.06.10 in an amount equal to the lesser of Peru’s trade surplus or the specific quantity set out in that note for that calendar year. During CY2008, the most recent year for which data is available, Peru’s imports of the sugar goods described above exceeded its exports of those goods by 156,805 metric tons according to data published by its customs authority, the Superintendencia Nacional de Administration Tributaria. Based on this data, USTR determines that Peru’s trade surplus is negative. Therefore, in accordance with U.S. Note 28(d) to subchapter XXII of HTS chapter 98, goods of Peru are not eligible to enter the United States duty-free under subheading 9822.06.10 in CY2010. James Murphy, Assistant United States Trade Representative. [FR Doc. E9–29858 Filed 12–15–09; 8:45 am] BILLING CODE 3190–W0–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Comments Concerning Proposed Trans-Pacific Partnership Trade Agreement AGENCY: Office of the United States Trade Representative (USTR). ACTION: Notice of intent to enter into negotiations on a Trans-Pacific Partnership (TPP) trade agreement and request for comments. SUMMARY: The United States intends to enter into negotiations on a TPP trade agreement with the objective of shaping a high-standard, broad-based regional agreement. USTR is seeking public PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 comments on all elements of the agreement in order to develop U.S. negotiating positions. DATES: Written comments are due by January 25, 2010. ADDRESSES: Submissions via on-line: https://www.regulations.gov. For alternatives to on-line submissions please contact Gloria Blue, Executive Secretary, Trade Policy Staff Committee (TPSC), at (202) 395–3475. FOR FURTHER INFORMATION CONTACT: For procedural questions concerning written comments, please contact Gloria Blue at the above number. All other questions regarding the TPP trade agreement should be directed to David Bisbee, Deputy Assistant USTR for Southeast Asia and Pacific, at (202) 395–6813. SUPPLEMENTARY INFORMATION: 1. Background USTR is observing the relevant procedures of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3804), which apply to agreements entered into before July 1, 2007, with respect to notifying and consulting with Congress regarding the TPP trade agreement negotiations. These procedures include providing Congress with 90 days advance written notice of the President’s intent to enter into negotiations and consulting with appropriate Congressional committees regarding the negotiations. To that end, on December 14, 2009, after having consulted with relevant Congressional committees, the USTR notified Congress that the President intends to enter into negotiations of the agreement with the TPP countries with the objective of shaping a high-standard, 21st century agreement with a membership and coverage that provides economically significant market access opportunities for America’s workers, farmers, ranchers, service providers, and small businesses. Our initial TPP negotiating partners include Australia, Brunei Darussalam, Chile, New Zealand, Peru, Singapore and Vietnam. The U.S. objective is to expand on this initial group to include additional countries throughout the Asia-Pacific region. In addition, under the Trade Act of 1974, as amended (19 U.S.C. 2151, 2153), in the case of an agreement such as the proposed TPP trade agreement, the President must (i) afford interested persons an opportunity to present their views regarding any matter relevant to the proposed agreement, (ii) designate an agency or inter-agency committee to hold a public hearing regarding the proposed agreement, and (iii) seek the advice of the U.S. International Trade Commission (ITC) regarding the E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66718-66720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29858]


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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, Nicaragua, and Peru

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, Nicaragua, and Peru. 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 Free Trade Agreement (Morocco 
FTA), in the case of Morocco; (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; and (iv) the United States--Peru Trade Promotion Agreement 
(Peru TPA), in the case of Peru.

DATES: Effective Date: December 16, 2009.

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, telephone: 202-395-6127 or facsimile: 202-395-
4579.

SUPPLEMENTARY INFORMATION:
    Chile: Pursuant to section 201 of the United States--Chile Free 
Trade Agreement Implementation Act (Pub. L. 108-77; 19 U.S.C. 3805 
note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 
75789) implemented the Chile FTA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Chile FTA.

[[Page 66719]]

    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) 2008, the most recent year for which data 
is available, Chile's imports of sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods 
by 588,127 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 CY2010.
    Morocco: Pursuant to section 201 of the United States--Morocco Free 
Trade Agreement Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 
note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 
76651) implemented the Morocco FTA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Morocco FTA.
    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 CY2008, 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 751,207 
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 CY2010.
    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 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 CY2008, 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 10,840 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 
United States duty-free under subheading 9822.05.20 in CY2010.
    During CY2008, 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 77,228 
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 77,228 metric tons. The specific quantity set out in 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El 
Salvador for CY2010 is 28,560 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 CY2010 is 28,560 
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 CY2010).
    During CY2008, the most recent year for which data is available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products

[[Page 66720]]

described above exceeded its imports of those goods by 873,884 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 873,884 metric tons. The specific quantity set out in 
U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Guatemala 
for CY2010 is 37,740 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 CY2010 is 37,740 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 CY2010).
    During CY2008, 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 6,163 
metric tons according to data published by the Banco Central de 
Honduras. Based on this data, USTR determines that Honduras' trade 
surplus is 6,163 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for 
CY2010 is 8,640 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 CY2010 is 6,163 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 CY2010).
    During CY2008, 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 51,877 
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 51,877 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for 
Nicaragua for CY2010 is 23,760 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 CY2010 is 23,760 
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 CY2010).
    Peru: Pursuant to section 201 of the United States--Peru Trade 
Promotion Agreement Implementation Act (Pub. L. 110-138; 19 U.S.C. 3805 
note), Presidential Proclamation No. 8341 of January 16, 2009 (74 FR 
4105) implemented the Peru TPA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Peru TPA.
    U.S. Note 28(c) to subchapter XXII of HTS chapter 98 provides that 
USTR is required to publish annually in the Federal Register a 
determination of the amount of Peru's trade surplus, by volume, with 
all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 
1701.99, 1702.20, 1702.40, and 1702.60, except that Peru's imports of 
U.S. goods classified under HS subheadings 1702.40 and 1702.60 that are 
originating goods under the Peru TPA and Peru's exports to the United 
States of goods classified under HS subheadings 1701.11, 1701.12, 
1701.91, and 1701.99 are not included in the calculation of Peru's 
trade surplus.
    U.S. Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-
free treatment for certain sugar goods of Peru entered under subheading 
9822.06.10 in an amount equal to the lesser of Peru's trade surplus or 
the specific quantity set out in that note for that calendar year.
    During CY2008, the most recent year for which data is available, 
Peru's imports of the sugar goods described above exceeded its exports 
of those goods by 156,805 metric tons according to data published by 
its customs authority, the Superintendencia Nacional de Administration 
Tributaria. Based on this data, USTR determines that Peru's trade 
surplus is negative. Therefore, in accordance with U.S. Note 28(d) to 
subchapter XXII of HTS chapter 98, goods of Peru are not eligible to 
enter the United States duty-free under subheading 9822.06.10 in 
CY2010.

James Murphy,
Assistant United States Trade Representative.
[FR Doc. E9-29858 Filed 12-15-09; 8:45 am]
BILLING CODE 3190-W0-P
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