Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama, 71700-71702 [2021-27384]
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Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Notices
rail line extending from at or near
milepost 403.20, in Ventura, Cal.,
eastward to milepost 435.07, east of
Piru, Cal. (the Line).
According to SNR, the Line has been
leased and operated by Fillmore &
Western Freight Service, LLC, since
2002. See Fillmore & W. Freight Serv.,
LLC—Lease & Operation Exemption—
Ventura Cnty. Transp. Comm’n, FD
34173 (STB served May 3, 2002). SNR
states that it has been selected as the
new operator of the Line and has
reached an agreement with VCTC that
will allow SNR to lease and operate the
Line upon the exemption’s effective
date.1
SNR states that the proposed
transaction does not involve any
provision or agreement that would limit
future interchange with a third-party
connecting carrier. Further, SNR
certifies that its projected annual
revenue resulting from the proposed
transaction will not exceed $5 million
and will not result in the creation of a
Class I or II rail carrier.
The earliest this transaction may be
consummated is December 31, 2021, the
effective date of the exemption (30 days
after the verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than December 23, 2021
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36570, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, a copy of each pleading must
be served on SNR’s representative:
William A. Mullins, Baker & Miller
PLLC, 2401 Pennsylvania Avenue NW,
Suite 300, Washington, DC 20037.
According to SNR, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
jspears on DSK121TN23PROD with NOTICES1
Decided: December 14, 2021.
17:39 Dec 16, 2021
[FR Doc. 2021–27330 Filed 12–16–21; 8:45 am]
BILLING CODE 4915–01–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, Costa Rica, the Dominican
Republic, El Salvador, Guatemala,
Honduras, Nicaragua, Peru, Colombia,
and Panama
Office of the United States
Trade Representative.
ACTION: Notice.
AGENCY:
In accordance with the
Harmonized Tariff Schedule of the
United States (HTSUS), the Office of the
United States Trade Representative
(USTR) is providing notice of its
determination of the trade surplus in
certain sugar and syrup goods and
sugar-containing products of Chile,
Morocco, Costa Rica, the Dominican
Republic, El Salvador, Guatemala,
Honduras, Nicaragua, Peru, Colombia,
and Panama. The level of a country’s
trade surplus in these goods relates to
the quantity of sugar and syrup goods
and sugar-containing products for
which the United States grants
preferential tariff treatment under (i) the
United States-Chile Free Trade
Agreement (Chile FTA); (ii) the United
States-Morocco Free Trade Agreement
(Morocco FTA); (iii) the Dominican
Republic-Central America-United States
Free Trade Agreement (CAFTA–DR);
(iv) the United States-Peru Trade
Promotion Agreement (Peru TPA); (v)
the United States-Colombia Trade
Promotion Agreement (Colombia TPA);
and (vi) the United States-Panama Trade
Promotion Agreement (Panama TPA).
DATES: This notice is applicable on
January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Erin
H. Nicholson, Office of Agricultural
Affairs, (202) 395–6095 or
Erin.H.Nicholson@ustr.eop.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Chile FTA
1 According to the verified notice, Union Pacific
Railroad Company (UP) currently provides freight
railroad services to one shipper over a portion of
the Line from milepost 415.0 to milepost 403.2
(Western Portion). SNR states that UP’s operating
rights over the Western Portion will continue
pursuant to the terms of UP’s agreement with
VCTC.
VerDate Sep<11>2014
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
Jkt 256001
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
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Fmt 4703
Sfmt 4703
and modified the HTSUS to reflect the
tariff treatment provided for in the Chile
FTA.
Note 12(a) to subchapter XI of HTSUS
chapter 99 requires USTR to publish
annually a determination of the amount
of Chile’s trade surplus, by volume,
with all sources for goods in
Harmonized System (HS) subheadings
1701.11, 1701.12, 1701.91, 1701.99,
1702.20, 1702.30, 1702.40, 1702.60,
1702.90, 1806.10, 2101.12, 2101.20, and
2106.90, except that Chile’s imports of
goods classified under HS subheadings
1702.40 and 1702.60 that qualify for
preferential tariff treatment under the
Chile FTA are not included in the
calculation of Chile’s trade surplus.
Proclamation 8771 of December 29,
2011 (77 FR 413) reclassified HS
subheading 1701.11 as 1701.13 and
1701.14.
Note 12(b) to subchapter XI of HTSUS
chapter 99 provides duty-free treatment
for certain sugar and syrup goods and
sugar-containing products of Chile
entered under subheading 9911.17.05 in
any calendar year (CY) (beginning in
CY2015) is the quantity of goods equal
to the amount of Chile’s trade surplus in
subdivision (a) of the note. During
CY2020, the most recent year for which
data are available, Chile’s imports of the
sugar and syrup goods and sugarcontaining products described above
exceeded its exports of those goods by
571,108 metric tons according to data
published by its customs authority, the
Servicio Nacional de Aduana. Based on
this data, USTR has determined that
Chile’s trade surplus is negative.
Therefore, in accordance with U.S. Note
12(b) to subchapter XI of HTSUS
chapter 99, goods of Chile are not
eligible to enter the United States dutyfree under subheading 9911.17.05 in
CY2022.
II. Morocco FTA
Pursuant to section 201 of the United
States-Morocco Free Trade Agreement
Implementation Act (Pub. L. 108–302;
19 U.S.C. 3805 note), Presidential
Proclamation No. 7971 of December 22,
2005 (70 FR 76651) implemented the
Morocco FTA on behalf of the United
States and modified the HTSUS to
reflect the tariff treatment provided for
in the Morocco FTA.
Note 12(a) to subchapter XII of
HTSUS chapter 99 requires USTR to
publish annually a determination of the
amount of Morocco’s trade surplus, by
volume, with all sources for goods in HS
subheadings 1701.11, 1701.12, 1701.91,
1701.99, 1702.40, and 1702.60, except
that Morocco’s imports of U.S. goods
classified under HS subheadings
1702.40 and 1702.60 that qualify for
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preferential tariff treatment under the
Morocco FTA are not included in the
calculation of Morocco’s trade surplus.
Proclamation 8771 of December 29,
2011 (77 FR 413) reclassified HS
subheading 1701.11 as 1701.13 and
1701.14.
Note 12(b) to subchapter XII of
HTSUS chapter 99 provides duty-free
treatment for certain sugar and syrup
goods and sugar-containing products of
Morocco entered under subheading
9912.17.05 in an amount equal to the
lesser of Morocco’s trade surplus or the
specific quantity set out in that note for
that calendar year.
Note 12(c) to subchapter XII of
HTSUS chapter 99 provides preferential
tariff treatment for certain sugar and
syrup goods and sugar-containing
products of Morocco entered under
subheading 9912.17.10 through
9912.17.85 in an amount equal to the
amount by which Morocco’s trade
surplus exceeds the specific quantity set
out in that note for that calendar year.
During CY2020, the most recent year
for which data are available, Morocco’s
imports of the sugar and syrup goods
and sugar-containing products
described above exceeded its exports of
those goods by 647,161 metric tons
according to data published by its
customs authority, the Office des
Changes. Based on this data, USTR has
determined that Morocco’s trade surplus
is negative. Therefore, in accordance
with U.S. Note 12(b) and U.S. Note 12(c)
to subchapter XII of HTSUS chapter 99,
goods of Morocco are not eligible to
enter the United States duty-free under
subheading 9912.17.05 or at preferential
tariff rates under subheadings
9912.17.10 through 9912.17.85 in
CY2022.
III. CAFTA–DR
Pursuant to section 201 of the
Dominican Republic-Central AmericaUnited States Free Trade Agreement
Implementation Act (Pub. L. 109–53; 19
U.S.C. 4031), Presidential Proclamation
No. 7987 of February 28, 2006 (71 FR
10827), Presidential Proclamation No.
7991 of March 24, 2006 (71 FR 16009),
Presidential Proclamation No. 7996 of
March 31, 2006 (71 FR 16971),
Presidential Proclamation No. 8034 of
June 30, 2006 (71 FR 38509),
Presidential Proclamation No. 8111 of
February 28, 2007 (72 FR 10025),
Presidential Proclamation No. 8331 of
December 23, 2008 (73 FR 79585), and
Presidential Proclamation No. 8536 of
June 12, 2010 (75 FR 34311),
implemented the CAFTA–DR on behalf
of the United States and modified the
HTSUS to reflect the tariff treatment
provided for in the CAFTA–DR.
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17:39 Dec 16, 2021
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71701
Note 25(b)(i) to subchapter XXII of
HTSUS chapter 98 requires USTR to
publish annually a determination of the
amount of each CAFTA–DR country’s
trade surplus, by volume, with all
sources for goods in HS subheadings
1701.12, 1701.13, 1701.14, 1701.91,
1701.99, 1702.40, and 1702.60, except
that each CAFTA–DR country’s exports
to the United States of goods classified
under HS subheadings 1701.12,
1701.13, 1701.14, 1701.91, and 1701.99
and its imports of goods classified under
HS subheadings 1702.40 and 1702.60
that qualify for preferential tariff
treatment under the CAFTA–DR are not
included in the calculation of that
country’s trade surplus.
U.S. Note 25(b)(ii) to subchapter XXII
of HTSUS chapter 98 provides duty-free
treatment for certain sugar and syrup
goods and sugar-containing products of
each CAFTA–DR country entered under
subheading 9822.05.20 in an amount
equal to the lesser of that country’s trade
surplus or the specific quantity set out
in that note for that country and that
calendar year.
Dominican Republic are not eligible to
enter the United States duty-free under
subheading 9822.05.20 in CY2022.
Costa Rica
During CY2020, the most recent year
for which data are available, Costa
Rica’s exports of the sugar and syrup
goods and sugar-containing products
described above exceeded its imports of
those goods by 143,237 metric tons
according to data published by the
Costa Rican Customs Department,
Ministry of Finance. Based on this data,
USTR has determined that Costa Rica’s
trade surplus is 143,237 metric tons.
The specific quantity set out in U.S.
Note 25(b)(ii) to subchapter XXII of
HTSUS chapter 98 for Costa Rica for
CY2022 is 14,520 metric tons.
Therefore, in accordance with that note,
the aggregate quantity of goods of Costa
Rica that may be entered duty-free
under subheading 9822.05.20 in CY2022
is 14,520 metric tons (i.e., the amount
that is the lesser of Costa Rica’s trade
surplus and the specific quantity set out
in that note for Costa Rica for CY2022).
Guatemala
During CY2020, the most recent year
for which data are available,
Guatemala’s exports of the sugar and
syrup goods and sugar-containing
products described above exceeded its
imports of those goods by 1,467,994
metric tons according to data published
by the Guatemalan Sugar Association
(ASAZGUA) and Bank of Guatemala.
Based on this data, USTR has
determined that Guatemala’s trade
surplus is 1,467,994 metric tons. The
specific quantity set out in U.S. Note
25(b)(ii) to subchapter XXII of HTSUS
chapter 98 for Guatemala for CY2022 is
51,700 metric tons. Therefore, in
accordance with that note, the aggregate
quantity of goods of Guatemala that may
be entered duty-free under subheading
9822.05.20 in CY2022 is 51,700 metric
tons (i.e., the amount that is the lesser
of Guatemala’s trade surplus and the
specific quantity set out in that note for
Guatemala for CY2022).
Dominican Republic
During CY2020, the most recent year
for which data are available, the
Dominican Republic’s imports of the
sugar and syrup goods and sugarcontaining products described above
exceeded its exports of those goods by
11,254 metric tons according to data
published by the General Directorate of
Customs (DGA). Based on this data,
USTR has determined that the
Dominican Republic’s trade surplus is
negative. Therefore, in accordance with
U.S. Note 25(b)(ii) to subchapter XXII of
HTSUS chapter 98, goods of the
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El Salvador
During CY2020, the most recent year
for which data are available, El
Salvador’s exports of the sugar and
syrup goods and sugar-containing
products described above exceeded its
imports of those goods by 482,476
metric tons according to data published
by the Central Bank of El Salvador.
Based on this data, USTR has
determined that El Salvador’s trade
surplus is 482,476 metric tons. The
specific quantity set out in U.S. Note
25(b)(ii) to subchapter XXII of HTSUS
chapter 98 for El Salvador for CY2022
is 37,400 metric tons. Therefore, in
accordance with that note, the aggregate
quantity of goods of El Salvador that
may be entered duty-free under
subheading 9822.05.20 in CY2022 is
37,400 metric tons (i.e., the amount that
is the lesser of El Salvador’s trade
surplus and the specific quantity set out
in that note for El Salvador for CY2022).
Honduras
During CY2020, the most recent year
for which data are available, Honduras’
exports of the sugar and syrup goods
and sugar-containing products
described above exceeded its imports of
those goods by 172,483 metric tons
according to data published by the
Central Bank of Honduras. Based on
this data, USTR has determined that
Honduras’ trade surplus is 172,483
metric tons. The specific quantity set
out in U.S. Note 25(b)(ii) to subchapter
XXII of HTSUS chapter 98 for Honduras
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for CY2022 is 10,560 metric tons.
Therefore, in accordance with that note,
the aggregate quantity of goods of
Honduras that may be entered duty-free
under subheading 9822.05.20 in CY2022
is 10,560 metric tons (i.e., the amount
that is the lesser of Honduras’ trade
surplus and the specific quantity set out
in that note for Honduras for CY2022).
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Nicaragua
During CY2020, the most recent year
for which data are available, Nicaragua’s
exports of the sugar and syrup goods
and sugar-containing products
described above exceeded its imports of
those goods by 357,945 metric tons
according to data published by the
National Committee of Sugar Producers
(CNPA). Based on this data, USTR has
determined that Nicaragua’s trade
surplus is 357,945 metric tons. The
specific quantity set out in U.S. Note
25(b)(ii) to subchapter XXII of HTSUS
chapter 98 for Nicaragua for CY2022 is
29,040 metric tons. Therefore, in
accordance with that note, the aggregate
quantity of goods of Nicaragua that may
be entered duty-free under subheading
9822.05.20 in CY2022 is 29,040 metric
tons (i.e., the amount that is the lesser
of Nicaragua’s trade surplus and the
specific quantity set out in that note for
Nicaragua for CY2022).
IV. Peru TPA
Pursuant to section 201 of the United
States-Peru Trade Promotion Agreement
Implementation Act (Pub. L. 110–138;
19 U.S.C. 3805 note), Presidential
Proclamation No. 8341 of January 16,
2009 (74 FR 4105) implemented the
Peru TPA on behalf of the United States
and modified the HTSUS to reflect the
tariff treatment provided for in the Peru
TPA.
Note 28(c) to subchapter XXII of
HTSUS chapter 98 requires USTR to
publish annually a determination of the
amount of Peru’s trade surplus, by
volume, with all sources for goods in HS
subheadings 1701.12, 1701.13, 1701.14,
1701.91, 1701.99, 1702.40, and 1702.60,
except that Peru’s imports of U.S. goods
classified under HS subheadings
1702.40 and 1702.60 that are originating
goods under the Peru TPA and Peru’s
exports to the United States of goods
classified under HS subheadings
1701.12, 1701.13, 1701.14, 1701.91, and
1701.99 are not included in the
calculation of Peru’s trade surplus.
Note 28(d) to subchapter XXII of
HTSUS chapter 98 provides duty-free
treatment for certain sugar goods of Peru
entered under subheading 9822.06.10 in
an amount equal to the lesser of Peru’s
trade surplus or the specific quantity set
out in that note for that calendar year.
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17:39 Dec 16, 2021
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During CY2020, the most recent year
for which data are available, Peru’s
imports of the sugar and syrup goods
and sugar-containing products
described above exceeded its exports of
those goods by 325,050 metric tons
according to data published by the
National Superintendence of Customs
and Tax Administration (SUNAT).
Based on this data, USTR has
determined that Peru’s trade surplus is
negative. Therefore, in accordance with
U.S. Note 28(d) to subchapter XXII of
HTSUS chapter 98, goods of Peru are
not eligible to enter the United States
duty-free under subheading 9822.06.10
in CY2022.
V. Colombia TPA
Pursuant to section 201 of the United
States-Colombia Trade Promotion
Agreement Implementation Act (Pub. L.
112–42; 19 U.S.C. 3805 note),
Presidential Proclamation No. 8818 of
May 14, 2012 (77 FR 29519)
implemented the Colombia TPA on
behalf of the United States and modified
the HTSUS to reflect the tariff treatment
provided for in the Colombia TPA.
Note 32(b) to subchapter XXII of
HTSUS chapter 98 requires USTR to
publish annually a determination of the
amount of Colombia’s trade surplus, by
volume, with all sources for goods in HS
subheadings 1701.12, 1701.13, 1701.14,
1701.91, 1701.99, 1702.40 and 1702.60,
except that Colombia’s imports of U.S.
goods classified under subheadings
1702.40 and 1702.60 that are originating
goods under the Colombia TPA and
Colombia’s exports to the United States
of goods classified under subheadings
1701.12, 1701.13, 1701.14, 1701.91 and
1701.99 are not included in the
calculation of Colombia’s trade surplus.
Note 32(c)(i) to subchapter XXII of
HTSUS chapter 98 provides duty-free
treatment for certain sugar goods of
Colombia entered under subheading
9822.08.01 in an amount equal to the
lesser of Colombia’s trade surplus or the
specific quantity set out in that note for
that calendar year.
During CY2020, the most recent year
for which data are available, Colombia’s
exports of the sugar and syrup goods
and sugar-containing products
described above exceeded its imports of
those goods by 313,846, metric tons
according to data published by the
Colombian National Tax and Customs
Directorate (DIAN). Based on this data,
USTR has determined that Colombia’s
trade surplus is 313,846 metric tons.
The specific quantity set out in U.S.
Note 32(c)(i) to subchapter XXII of
HTSUS chapter 98 for Colombia for
CY2022 is 57,500 metric tons.
Therefore, in accordance with that note,
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the aggregate quantity of goods of
Colombia that may be entered duty-free
under subheading 9822.08.01 in CY2022
is 57,500 metric tons (i.e., the amount
that is the lesser of Colombia’s trade
surplus and the specific quantity set out
in that note for Colombia for CY2022).
VI. Panama TPA
Pursuant to section 201 of the United
States-Panama Trade Promotion
Agreement Implementation Act (Pub. L.
112–43; 19 U.S.C. 3805 note),
Presidential Proclamation No. 8894 of
October 29, 2012 (77 FR 66505)
implemented the Panama TPA on behalf
of the United States and modified the
HTSUS to reflect the tariff treatment
provided for in the Panama TPA.
Note 35(a) to subchapter XXII of
HTSUS chapter 98 requires USTR to
publish annually a determination of the
amount of Panama’s trade surplus, by
volume, with all sources for goods in HS
subheadings 1701.12, 1701.13, 1701.14,
1701.91, 1701.99, 1702.40 and 1702.60,
except that Panama’s imports of U.S.
goods classified under subheadings
1702.40 and 1702.60 that are originating
goods under the Panama TPA and
Panama’s exports to the United States of
goods classified under subheadings
1701.12, 1701.13, 1701.14, 1701.91 and
1701.99 are not included in the
calculation of Panama’s trade surplus.
Note 35(c) to subchapter XXII of
HTSUS chapter 98 provides duty-free
treatment for certain sugar goods of
Panama entered under subheading
9822.09.17 in an amount equal to the
lesser of Panama’s trade surplus or the
specific quantity set out in that note for
that calendar year.
During CY2020, the most recent year
for which data are available, Panama’s
imports of the sugar and syrup goods
and sugar-containing products
described above exceeded its exports of
those goods by 659 metric tons
according to data published by the
National Institute of Statistics and
Census, Office of the General
Comptroller of Panama; and the
Ministry of Commerce and Industry of
Panama. Based on this data, USTR has
determined that Panama’s trade surplus
is negative. Therefore, in accordance
with that note, goods of Panama are not
eligible to enter the United States dutyfree under subheading 9822.09.17 in
CY2022.
Greta Peisch,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2021–27384 Filed 12–16–21; 8:45 am]
BILLING CODE 3290–F2–P
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]]>Agencies
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71700-71702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27384]
=======================================================================
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Determination of Trade Surplus in Certain Sugar and Syrup Goods
and Sugar-Containing Products of Chile, Morocco, Costa Rica, the
Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru,
Colombia, and Panama
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Harmonized Tariff Schedule of the
United States (HTSUS), the Office of the United States Trade
Representative (USTR) is providing notice of its determination of the
trade surplus in certain sugar and syrup goods and sugar-containing
products of Chile, Morocco, Costa Rica, the Dominican Republic, El
Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama.
The level of a country's trade surplus in these goods relates to the
quantity of sugar and syrup goods and sugar-containing products for
which the United States grants preferential tariff treatment under (i)
the United States-Chile Free Trade Agreement (Chile FTA); (ii) the
United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the
Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR); (iv) the United States-Peru Trade Promotion Agreement (Peru
TPA); (v) the United States-Colombia Trade Promotion Agreement
(Colombia TPA); and (vi) the United States-Panama Trade Promotion
Agreement (Panama TPA).
DATES: This notice is applicable on January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Erin H. Nicholson, Office of
Agricultural Affairs, (202) 395-6095 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Chile FTA
Pursuant to section 201 of the United States-Chile Free Trade
Agreement Implementation Act (Pub. L. 108-77; 19 U.S.C. 3805 note),
Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 75789)
implemented the Chile FTA on behalf of the United States and modified
the HTSUS to reflect the tariff treatment provided for in the Chile
FTA.
Note 12(a) to subchapter XI of HTSUS chapter 99 requires USTR to
publish annually a determination of the amount of Chile's trade
surplus, by volume, with all sources for goods in Harmonized System
(HS) subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.20, 1702.30,
1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20, and 2106.90,
except that Chile's imports of goods classified under HS subheadings
1702.40 and 1702.60 that qualify for preferential tariff treatment
under the Chile FTA are not included in the calculation of Chile's
trade surplus. Proclamation 8771 of December 29, 2011 (77 FR 413)
reclassified HS subheading 1701.11 as 1701.13 and 1701.14.
Note 12(b) to subchapter XI of HTSUS chapter 99 provides duty-free
treatment for certain sugar and syrup goods and sugar-containing
products of Chile entered under subheading 9911.17.05 in any calendar
year (CY) (beginning in CY2015) is the quantity of goods equal to the
amount of Chile's trade surplus in subdivision (a) of the note. During
CY2020, the most recent year for which data are available, Chile's
imports of the sugar and syrup goods and sugar-containing products
described above exceeded its exports of those goods by 571,108 metric
tons according to data published by its customs authority, the Servicio
Nacional de Aduana. Based on this data, USTR has determined that
Chile's trade surplus is negative. Therefore, in accordance with U.S.
Note 12(b) to subchapter XI of HTSUS chapter 99, goods of Chile are not
eligible to enter the United States duty-free under subheading
9911.17.05 in CY2022.
II. Morocco FTA
Pursuant to section 201 of the United States-Morocco Free Trade
Agreement Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 note),
Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 76651)
implemented the Morocco FTA on behalf of the United States and modified
the HTSUS to reflect the tariff treatment provided for in the Morocco
FTA.
Note 12(a) to subchapter XII of HTSUS chapter 99 requires USTR to
publish annually a determination of the amount of Morocco's trade
surplus, by volume, with all sources for goods in HS subheadings
1701.11, 1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that
Morocco's imports of U.S. goods classified under HS subheadings 1702.40
and 1702.60 that qualify for
[[Page 71701]]
preferential tariff treatment under the Morocco FTA are not included in
the calculation of Morocco's trade surplus. Proclamation 8771 of
December 29, 2011 (77 FR 413) reclassified HS subheading 1701.11 as
1701.13 and 1701.14.
Note 12(b) to subchapter XII of HTSUS chapter 99 provides duty-free
treatment for certain sugar and syrup goods and sugar-containing
products of Morocco entered under subheading 9912.17.05 in an amount
equal to the lesser of Morocco's trade surplus or the specific quantity
set out in that note for that calendar year.
Note 12(c) to subchapter XII of HTSUS chapter 99 provides
preferential tariff treatment for certain sugar and syrup goods and
sugar-containing products of Morocco entered under subheading
9912.17.10 through 9912.17.85 in an amount equal to the amount by which
Morocco's trade surplus exceeds the specific quantity set out in that
note for that calendar year.
During CY2020, the most recent year for which data are available,
Morocco's imports of the sugar and syrup goods and sugar-containing
products described above exceeded its exports of those goods by 647,161
metric tons according to data published by its customs authority, the
Office des Changes. Based on this data, USTR has determined that
Morocco's trade surplus is negative. Therefore, in accordance with U.S.
Note 12(b) and U.S. Note 12(c) to subchapter XII of HTSUS chapter 99,
goods of Morocco are not eligible to enter the United States duty-free
under subheading 9912.17.05 or at preferential tariff rates under
subheadings 9912.17.10 through 9912.17.85 in CY2022.
III. CAFTA-DR
Pursuant to section 201 of the Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act (Pub. L. 109-53;
19 U.S.C. 4031), Presidential Proclamation No. 7987 of February 28,
2006 (71 FR 10827), Presidential Proclamation No. 7991 of March 24,
2006 (71 FR 16009), Presidential Proclamation No. 7996 of March 31,
2006 (71 FR 16971), Presidential Proclamation No. 8034 of June 30, 2006
(71 FR 38509), Presidential Proclamation No. 8111 of February 28, 2007
(72 FR 10025), Presidential Proclamation No. 8331 of December 23, 2008
(73 FR 79585), and Presidential Proclamation No. 8536 of June 12, 2010
(75 FR 34311), implemented the CAFTA-DR on behalf of the United States
and modified the HTSUS to reflect the tariff treatment provided for in
the CAFTA-DR.
Note 25(b)(i) to subchapter XXII of HTSUS chapter 98 requires USTR
to publish annually a determination of the amount of each CAFTA-DR
country's trade surplus, by volume, with all sources for goods in HS
subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and
1702.60, except that each CAFTA-DR country's exports to the United
States of goods classified under HS subheadings 1701.12, 1701.13,
1701.14, 1701.91, and 1701.99 and its imports of goods classified under
HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff
treatment under the CAFTA-DR are not included in the calculation of
that country's trade surplus.
U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 provides
duty-free treatment for certain sugar and syrup goods and sugar-
containing products of each CAFTA-DR country entered under subheading
9822.05.20 in an amount equal to the lesser of that country's trade
surplus or the specific quantity set out in that note for that country
and that calendar year.
Costa Rica
During CY2020, the most recent year for which data are available,
Costa Rica's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by 143,237
metric tons according to data published by the Costa Rican Customs
Department, Ministry of Finance. Based on this data, USTR has
determined that Costa Rica's trade surplus is 143,237 metric tons. The
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of
HTSUS chapter 98 for Costa Rica for CY2022 is 14,520 metric tons.
Therefore, in accordance with that note, the aggregate quantity of
goods of Costa Rica that may be entered duty-free under subheading
9822.05.20 in CY2022 is 14,520 metric tons (i.e., the amount that is
the lesser of Costa Rica's trade surplus and the specific quantity set
out in that note for Costa Rica for CY2022).
Dominican Republic
During CY2020, the most recent year for which data are available,
the Dominican Republic's imports of the sugar and syrup goods and
sugar-containing products described above exceeded its exports of those
goods by 11,254 metric tons according to data published by the General
Directorate of Customs (DGA). Based on this data, USTR has determined
that the Dominican Republic's trade surplus is negative. Therefore, in
accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter
98, goods of the Dominican Republic are not eligible to enter the
United States duty-free under subheading 9822.05.20 in CY2022.
El Salvador
During CY2020, the most recent year for which data are available,
El Salvador's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by 482,476
metric tons according to data published by the Central Bank of El
Salvador. Based on this data, USTR has determined that El Salvador's
trade surplus is 482,476 metric tons. The specific quantity set out in
U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for El
Salvador for CY2022 is 37,400 metric tons. Therefore, in accordance
with that note, the aggregate quantity of goods of El Salvador that may
be entered duty-free under subheading 9822.05.20 in CY2022 is 37,400
metric tons (i.e., the amount that is the lesser of El Salvador's trade
surplus and the specific quantity set out in that note for El Salvador
for CY2022).
Guatemala
During CY2020, the most recent year for which data are available,
Guatemala's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by
1,467,994 metric tons according to data published by the Guatemalan
Sugar Association (ASAZGUA) and Bank of Guatemala. Based on this data,
USTR has determined that Guatemala's trade surplus is 1,467,994 metric
tons. The specific quantity set out in U.S. Note 25(b)(ii) to
subchapter XXII of HTSUS chapter 98 for Guatemala for CY2022 is 51,700
metric tons. Therefore, in accordance with that note, the aggregate
quantity of goods of Guatemala that may be entered duty-free under
subheading 9822.05.20 in CY2022 is 51,700 metric tons (i.e., the amount
that is the lesser of Guatemala's trade surplus and the specific
quantity set out in that note for Guatemala for CY2022).
Honduras
During CY2020, the most recent year for which data are available,
Honduras' exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by 172,483
metric tons according to data published by the Central Bank of
Honduras. Based on this data, USTR has determined that Honduras' trade
surplus is 172,483 metric tons. The specific quantity set out in U.S.
Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for Honduras
[[Page 71702]]
for CY2022 is 10,560 metric tons. Therefore, in accordance with that
note, the aggregate quantity of goods of Honduras that may be entered
duty-free under subheading 9822.05.20 in CY2022 is 10,560 metric tons
(i.e., the amount that is the lesser of Honduras' trade surplus and the
specific quantity set out in that note for Honduras for CY2022).
Nicaragua
During CY2020, the most recent year for which data are available,
Nicaragua's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by 357,945
metric tons according to data published by the National Committee of
Sugar Producers (CNPA). Based on this data, USTR has determined that
Nicaragua's trade surplus is 357,945 metric tons. The specific quantity
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98
for Nicaragua for CY2022 is 29,040 metric tons. Therefore, in
accordance with that note, the aggregate quantity of goods of Nicaragua
that may be entered duty-free under subheading 9822.05.20 in CY2022 is
29,040 metric tons (i.e., the amount that is the lesser of Nicaragua's
trade surplus and the specific quantity set out in that note for
Nicaragua for CY2022).
IV. Peru TPA
Pursuant to section 201 of the United States-Peru Trade Promotion
Agreement Implementation Act (Pub. L. 110-138; 19 U.S.C. 3805 note),
Presidential Proclamation No. 8341 of January 16, 2009 (74 FR 4105)
implemented the Peru TPA on behalf of the United States and modified
the HTSUS to reflect the tariff treatment provided for in the Peru TPA.
Note 28(c) to subchapter XXII of HTSUS chapter 98 requires USTR to
publish annually a determination of the amount of Peru's trade surplus,
by volume, with all sources for goods in HS subheadings 1701.12,
1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that
Peru's imports of U.S. goods classified under HS subheadings 1702.40
and 1702.60 that are originating goods under the Peru TPA and Peru's
exports to the United States of goods classified under HS subheadings
1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 are not included in the
calculation of Peru's trade surplus.
Note 28(d) to subchapter XXII of HTSUS chapter 98 provides duty-
free treatment for certain sugar goods of Peru entered under subheading
9822.06.10 in an amount equal to the lesser of Peru's trade surplus or
the specific quantity set out in that note for that calendar year.
During CY2020, the most recent year for which data are available,
Peru's imports of the sugar and syrup goods and sugar-containing
products described above exceeded its exports of those goods by 325,050
metric tons according to data published by the National Superintendence
of Customs and Tax Administration (SUNAT). Based on this data, USTR has
determined that Peru's trade surplus is negative. Therefore, in
accordance with U.S. Note 28(d) to subchapter XXII of HTSUS chapter 98,
goods of Peru are not eligible to enter the United States duty-free
under subheading 9822.06.10 in CY2022.
V. Colombia TPA
Pursuant to section 201 of the United States-Colombia Trade
Promotion Agreement Implementation Act (Pub. L. 112-42; 19 U.S.C. 3805
note), Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 29519)
implemented the Colombia TPA on behalf of the United States and
modified the HTSUS to reflect the tariff treatment provided for in the
Colombia TPA.
Note 32(b) to subchapter XXII of HTSUS chapter 98 requires USTR to
publish annually a determination of the amount of Colombia's trade
surplus, by volume, with all sources for goods in HS subheadings
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
except that Colombia's imports of U.S. goods classified under
subheadings 1702.40 and 1702.60 that are originating goods under the
Colombia TPA and Colombia's exports to the United States of goods
classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and
1701.99 are not included in the calculation of Colombia's trade
surplus.
Note 32(c)(i) to subchapter XXII of HTSUS chapter 98 provides duty-
free treatment for certain sugar goods of Colombia entered under
subheading 9822.08.01 in an amount equal to the lesser of Colombia's
trade surplus or the specific quantity set out in that note for that
calendar year.
During CY2020, the most recent year for which data are available,
Colombia's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by
313,846, metric tons according to data published by the Colombian
National Tax and Customs Directorate (DIAN). Based on this data, USTR
has determined that Colombia's trade surplus is 313,846 metric tons.
The specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII
of HTSUS chapter 98 for Colombia for CY2022 is 57,500 metric tons.
Therefore, in accordance with that note, the aggregate quantity of
goods of Colombia that may be entered duty-free under subheading
9822.08.01 in CY2022 is 57,500 metric tons (i.e., the amount that is
the lesser of Colombia's trade surplus and the specific quantity set
out in that note for Colombia for CY2022).
VI. Panama TPA
Pursuant to section 201 of the United States-Panama Trade Promotion
Agreement Implementation Act (Pub. L. 112-43; 19 U.S.C. 3805 note),
Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 66505)
implemented the Panama TPA on behalf of the United States and modified
the HTSUS to reflect the tariff treatment provided for in the Panama
TPA.
Note 35(a) to subchapter XXII of HTSUS chapter 98 requires USTR to
publish annually a determination of the amount of Panama's trade
surplus, by volume, with all sources for goods in HS subheadings
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
except that Panama's imports of U.S. goods classified under subheadings
1702.40 and 1702.60 that are originating goods under the Panama TPA and
Panama's exports to the United States of goods classified under
subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not
included in the calculation of Panama's trade surplus.
Note 35(c) to subchapter XXII of HTSUS chapter 98 provides duty-
free treatment for certain sugar goods of Panama entered under
subheading 9822.09.17 in an amount equal to the lesser of Panama's
trade surplus or the specific quantity set out in that note for that
calendar year.
During CY2020, the most recent year for which data are available,
Panama's imports of the sugar and syrup goods and sugar-containing
products described above exceeded its exports of those goods by 659
metric tons according to data published by the National Institute of
Statistics and Census, Office of the General Comptroller of Panama; and
the Ministry of Commerce and Industry of Panama. Based on this data,
USTR has determined that Panama's trade surplus is negative. Therefore,
in accordance with that note, goods of Panama are not eligible to enter
the United States duty-free under subheading 9822.09.17 in CY2022.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-27384 Filed 12-16-21; 8:45 am]
BILLING CODE 3290-F2-P
