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, 78185-78187 [2022-27660]
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
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, 2023.
FOR FURTHER INFORMATION CONTACT: Erin
H. Nicholson, Office of Agricultural
Affairs, (202) 395–9419 or
Erin.H.Nicholson@ustr.eop.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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 3(a) to subchapter XXII of
HTSUS chapter 98 requires USTR
annually to publish a determination of
the amount of Chile’s trade surplus, by
volume, with all sources for goods in
Harmonized System (HS) subheadings
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1701.12, 1701.13, 1701.14, 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.
Note 3(b) to subchapter XXII of
HTSUS chapter 98 provides duty-free
treatment for certain sugar and syrup
goods and sugar-containing products of
Chile entered under subheading
9822.02.01 in any calendar year (CY)
(beginning in CY2016) in the quantity of
goods equal to the amount of Chile’s
trade surplus in subdivision (a) of the
note.
During CY2021, 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 685,827 metric tons
according to data published by its
customs authority, the Servicio
Nacional de Aduana. Based on these
data, USTR has determined that Chile’s
trade surplus is negative. Therefore, in
accordance with U.S. Note 3(b) to
subchapter XXII of HTSUS chapter 98,
goods of Chile are not eligible to enter
the United States duty-free under
subheading 9822.02.01 in CY2023.
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 6(a) to subchapter XXII of
HTSUS chapter 98 requires USTR
annually to publish a determination of
the amount of Morocco’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 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.
Note 6(b) to subchapter XXII of
HTSUS chapter 98 provides duty-free
treatment for certain sugar and syrup
goods and sugar-containing products of
Morocco entered under subheading
9822.03.01 in any CY in the quantity of
goods equal to the amount of Morocco’s
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78185
trade surplus in subdivision (a) of the
note.
During CY2021, 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 881,526 metric tons
according to data published by its
customs authority, the Office des
Changes. Based on these data, USTR has
determined that Morocco’s trade surplus
is negative. Therefore, in accordance
with U.S. Note 6(b) to subchapter XXII
of HTSUS chapter 98, goods of Morocco
are not eligible to enter the United
States duty-free under subheading
9822.03.01 in CY2023.
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.
Note 25(b)(i) to subchapter XXII of
HTSUS chapter 98 requires USTR
annually to publish 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
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
CY. In each successive year after
CY2021, the aggregate quantity for each
country increases, from the aggregate
quantity permitted in the prior CY, by
the quantity set out in that note.
subheading 9822.05.20 in CY2023 is
38,080 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 CY2023).
Costa Rica
During CY2021, 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 136,992 metric tons
according to data published by the
Costa Rican Customs Department,
Ministry of Finance. Based on these
data, USTR has determined that Costa
Rica’s trade surplus is 136,992 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
CY2023 is 14,740 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 CY2023
is 14,740 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 CY2023).
Guatemala
During CY2021, 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 1,133,478
metric tons according to data published
by the Guatemalan Sugar Association
(ASAZGUA) and Bank of Guatemala.
Based on these data, USTR has
determined that Guatemala’s trade
surplus is 1,133,478 metric tons. The
specific quantity set out in U.S. Note
25(b)(ii) to subchapter XXII of HTSUS
chapter 98 for Guatemala for CY2023 is
52,640 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 CY2023 is 52,640 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 CY2023).
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Dominican Republic
During CY2021, 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
10,856 metric tons according to data
published by the General Directorate of
Customs (DGA). Based on these 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 CY2023.
El Salvador
During CY2021, 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 479,825
metric tons according to data published
by the Central Bank of El Salvador.
Based on these data, USTR has
determined that El Salvador’s trade
surplus is 479,825 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 CY2023
is 38,080 metric tons. Therefore, in
accordance with that note, the aggregate
quantity of goods of El Salvador that
may be entered duty-free under
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Honduras
During CY2021, 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 83,518 metric tons
according to data published by the
Central Bank of Honduras. Based on
these data, USTR has determined that
Honduras’ trade surplus is 83,518
metric tons. The specific quantity set
out in U.S. Note 25(b)(ii) to subchapter
XXII of HTSUS chapter 98 for Honduras
for CY2023 is 10,720 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 CY2023
is 10,720 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 CY2023).
Nicaragua
During CY2021, 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 230,181 metric tons
according to data published by the
National Committee of Sugar Producers
(CNPA). Based on these data, USTR has
determined that Nicaragua’s trade
surplus is 230,181 metric tons. The
specific quantity set out in U.S. Note
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25(b)(ii) to subchapter XXII of HTSUS
chapter 98 for Nicaragua for CY2023 is
29,480 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 CY2023 is 29,480 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 CY2023).
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
annually to publish 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 CY.
During CY2021, 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 193,803 metric tons
according to data published by the
National Superintendence of Customs
and Tax Administration (SUNAT).
Based on these 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 CY2023.
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),
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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
annually to publish 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 CY.
During CY2021, 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 255,011 metric tons
according to data published by the
Colombian National Tax and Customs
Directorate (DIAN). Based on these data,
USTR has determined that Colombia’s
trade surplus is 255,011 metric tons.
The specific quantity set out in U.S.
Note 32(c)(i) to subchapter XXII of
HTSUS chapter 98 for Colombia for
CY2023 is 58,250 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 CY2023
is 58,250 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 CY2023).
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
annually to publish a determination of
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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 CY.
During CY2021, the most recent year
for which data are available, Panama’s
exports of the sugar and syrup goods
and sugar-containing products
described above exceeded its imports of
those goods by 1,141 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 these data, USTR has
determined that Panama’s trade surplus
is 1,141 metric tons. The specific
quantity set out in U.S. Note 35(c) to
subchapter XXII of HTS chapter 98 for
Panama for CY2023 is 560 metric tons.
Therefore, in accordance with that Note,
the aggregate quantity of goods of
Panama that may be entered duty-free
under subheading 9822.09.17 in CY2023
is 560 metric tons (i.e., the amount that
is the lesser of Panama’s trade surplus
and the specific quantity set out in that
Note for Panama for CY2023).
Greta Peisch,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2022–27660 Filed 12–20–22; 8:45 am]
BILLING CODE 3390–F3–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Extensions for Reinstated
Product Exclusions: China’s Acts,
Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative (USTR).
ACTION: Notice.
AGENCY:
In prior Federal Register
notices, the U.S. Trade Representative
SUMMARY:
PO 00000
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78187
modified the actions being taken in the
section 301 investigation of China’s acts,
policies, and practices related to
technology transfer, intellectual
property, and innovation by excluding
certain products from additional duties.
The U.S. Trade Representative
subsequently extended 549 of these
exclusions. In 2022, following public
notice and comment, the U.S. Trade
Representative determined to reinstate
352 of these exclusions. These
reinstated exclusions are scheduled to
expire on December 31, 2022. This
notice announces the U.S. Trade
Representative’s determination to
extend the reinstated exclusions for an
additional nine months.
DATES: The extensions announced in
this notice will apply as of January 1,
2023, and will extend through
September 30, 2023.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Associate General Counsel
Philip Butler or Assistant General
Counsel Edward Marcus at (202) 395–
5725. For specific questions on customs
classification or implementation of the
product exclusions, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
In the course of the investigation into
China’s acts, policies, and practices
related to technology transfer,
intellectual property, and innovation,
the U.S. Trade Representative imposed
additional duties on products of China
in four tranches. See 83 FR 28710 (June
20, 2018) (the July 6, 2018 action); 83 FR
40823 (August 16, 2018) (the August 23,
2018 action); 83 FR 47974 (September
21, 2018), as modified by 83 FR 49153
(September 28, 2018); and 84 FR 43304
(August 20, 2019), as modified by 84 FR
69447 (December 18, 2019) and 85 FR
3741 (January 22, 2020). Each tranche is
commonly known as a ‘List’, e.g., List 1,
List 2, etc. The fourth List was divided
into two tranches, Lists 4A and 4B. No
tariffs on List 4B are currently in effect.
For each List, the U.S. Trade
Representative established a process by
which U.S. stakeholders could request
the exclusion of particular products
subject to the action. The first tranche
of exclusions expired in December 2019
and the final tranche of exclusions
expired in October 2020. Starting in
November 2019, the U.S. Trade
Representative established processes for
submitting public comments on whether
to extend particular exclusions. See,
e.g., 85 FR 6687 (February 5, 2019) and
85 FR 38482 (June 26, 2020). Pursuant
to these processes, the U.S. Trade
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]]>Agencies
[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78185-78187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27660]
[[Page 78185]]
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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, 2023.
FOR FURTHER INFORMATION CONTACT: Erin H. Nicholson, Office of
Agricultural Affairs, (202) 395-9419 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 3(a) to subchapter XXII of HTSUS chapter 98 requires USTR
annually to publish a determination of the amount of Chile's trade
surplus, by volume, with all sources for goods in Harmonized System
(HS) subheadings 1701.12, 1701.13, 1701.14, 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.
Note 3(b) to subchapter XXII of HTSUS chapter 98 provides duty-free
treatment for certain sugar and syrup goods and sugar-containing
products of Chile entered under subheading 9822.02.01 in any calendar
year (CY) (beginning in CY2016) in the quantity of goods equal to the
amount of Chile's trade surplus in subdivision (a) of the note.
During CY2021, 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 685,827
metric tons according to data published by its customs authority, the
Servicio Nacional de Aduana. Based on these data, USTR has determined
that Chile's trade surplus is negative. Therefore, in accordance with
U.S. Note 3(b) to subchapter XXII of HTSUS chapter 98, goods of Chile
are not eligible to enter the United States duty-free under subheading
9822.02.01 in CY2023.
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 6(a) to subchapter XXII of HTSUS chapter 98 requires USTR
annually to publish a determination of the amount of Morocco'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 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.
Note 6(b) to subchapter XXII of HTSUS chapter 98 provides duty-free
treatment for certain sugar and syrup goods and sugar-containing
products of Morocco entered under subheading 9822.03.01 in any CY in
the quantity of goods equal to the amount of Morocco's trade surplus in
subdivision (a) of the note.
During CY2021, 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 881,526
metric tons according to data published by its customs authority, the
Office des Changes. Based on these data, USTR has determined that
Morocco's trade surplus is negative. Therefore, in accordance with U.S.
Note 6(b) to subchapter XXII of HTSUS chapter 98, goods of Morocco are
not eligible to enter the United States duty-free under subheading
9822.03.01 in CY2023.
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
annually to publish 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
[[Page 78186]]
CY. In each successive year after CY2021, the aggregate quantity for
each country increases, from the aggregate quantity permitted in the
prior CY, by the quantity set out in that note.
Costa Rica
During CY2021, 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 136,992
metric tons according to data published by the Costa Rican Customs
Department, Ministry of Finance. Based on these data, USTR has
determined that Costa Rica's trade surplus is 136,992 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 CY2023 is 14,740 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 CY2023 is 14,740 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 CY2023).
Dominican Republic
During CY2021, 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 10,856 metric tons according to data published by the General
Directorate of Customs (DGA). Based on these 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 CY2023.
El Salvador
During CY2021, 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 479,825
metric tons according to data published by the Central Bank of El
Salvador. Based on these data, USTR has determined that El Salvador's
trade surplus is 479,825 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 CY2023 is 38,080 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 CY2023 is 38,080
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 CY2023).
Guatemala
During CY2021, 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
1,133,478 metric tons according to data published by the Guatemalan
Sugar Association (ASAZGUA) and Bank of Guatemala. Based on these data,
USTR has determined that Guatemala's trade surplus is 1,133,478 metric
tons. The specific quantity set out in U.S. Note 25(b)(ii) to
subchapter XXII of HTSUS chapter 98 for Guatemala for CY2023 is 52,640
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 CY2023 is 52,640 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 CY2023).
Honduras
During CY2021, 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 83,518
metric tons according to data published by the Central Bank of
Honduras. Based on these data, USTR has determined that Honduras' trade
surplus is 83,518 metric tons. The specific quantity set out in U.S.
Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 for Honduras for
CY2023 is 10,720 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 CY2023 is 10,720 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 CY2023).
Nicaragua
During CY2021, 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 230,181
metric tons according to data published by the National Committee of
Sugar Producers (CNPA). Based on these data, USTR has determined that
Nicaragua's trade surplus is 230,181 metric tons. The specific quantity
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98
for Nicaragua for CY2023 is 29,480 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 CY2023 is
29,480 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 CY2023).
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
annually to publish 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 CY.
During CY2021, 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 193,803
metric tons according to data published by the National Superintendence
of Customs and Tax Administration (SUNAT). Based on these 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 CY2023.
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),
[[Page 78187]]
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
annually to publish 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
CY.
During CY2021, 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 255,011
metric tons according to data published by the Colombian National Tax
and Customs Directorate (DIAN). Based on these data, USTR has
determined that Colombia's trade surplus is 255,011 metric tons. The
specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII of
HTSUS chapter 98 for Colombia for CY2023 is 58,250 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 CY2023 is 58,250 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 CY2023).
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
annually to publish 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
CY.
During CY2021, the most recent year for which data are available,
Panama's exports of the sugar and syrup goods and sugar-containing
products described above exceeded its imports of those goods by 1,141
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 these data,
USTR has determined that Panama's trade surplus is 1,141 metric tons.
The specific quantity set out in U.S. Note 35(c) to subchapter XXII of
HTS chapter 98 for Panama for CY2023 is 560 metric tons. Therefore, in
accordance with that Note, the aggregate quantity of goods of Panama
that may be entered duty-free under subheading 9822.09.17 in CY2023 is
560 metric tons (i.e., the amount that is the lesser of Panama's trade
surplus and the specific quantity set out in that Note for Panama for
CY2023).
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-27660 Filed 12-20-22; 8:45 am]
BILLING CODE 3390-F3-P
