[Federal Register: September 22, 1998 (Volume 63, Number 183)]
[Notices]
[Page 50553-50554]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se98-38]

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.

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DEPARTMENT OF AGRICULTURE

Office of the Secretary

Determination of Total Amounts and Quota Period for Tariff-Rate
Quotas for Raw Cane Sugar and Certain Imported Sugars, Syrups, and
Molasses

AGENCY: Office of the Secretary, USDA.

ACTION: Notice.

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SUMMARY: This notice establishes the aggregate quantity of 1,614,937
metric tons, raw value, of raw cane sugar that may be entered under
subheading 1701.11.10 of the Harmonized Tariff Schedule of the United
States (HTS) during fiscal year (FY) 1999, with 450,000 metric tons
subject to possible cancellation. This notice in addition establishes
the aggregate quantity of 50,000 metric tons (raw value basis) for
certain sugars, syrups and molasses that may be entered under
subheadings 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, and
2106.90.44 of the HTS during FY 1999.

EFFECTIVE DATE: September 22, 1998.

ADDRESSES: Inquiries may be mailed or delivered to the Import Policy
and Programs Division Director, Foreign Agricultural Service, Ag Stop
1021, South Building, U.S. Department of Agriculture, Washington, DC
20250-1021.

FOR FURTHER INFORMATION CONTACT:
David Williams (Team Leader, Import Policy and Programs Division), 202-
720-2916.

SUPPLEMENTARY INFORMATION: Paragraph (a)(i) of additional U.S. note 5
to chapter 17 of the HTS provides in pertinent part as follows:

    The aggregate quantity of raw cane sugar entered, or withdrawn
from warehouse for consumption, under subheading 1701.11.10, during
any fiscal year, shall not exceed in the aggregate an amount
(expressed in terms of raw value), not less than, 1,117,195 metric
tons, as shall be established by the Secretary of Agriculture * * *,
and the aggregate quantity of sugars, syrups, and molasses entered,
or withdrawn from warehouse for consumption, under subheadings
1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10 and 2106.90.44,
during any fiscal year, shall not exceed in the aggregate an amount
(expressed in terms of raw value), not less than 22,000 metric tons,
as shall be established by the Secretary. With either the aggregate
quantity for raw cane sugar or the aggregate quantity for sugars,
syrups and molasses other than raw can sugar, the Secretary may
reserve a quota quantity for the importation of specialty sugars as
defined by the United States Trade Representative.

    These provisions of paragraph (a)(i) of additional U.S. note 5 to
chapter 17 of the HTS authorize the Secretary of Agriculture to
establish the total amounts (expressed in terms of raw value) for
imports of raw cane sugar and certain other sugars, syrups, and
molasses that may be entered under the subheadings of the HTS subject
to the lower tier of duties of the tariff-rate quotas (TRQs) for entry
during the fiscal year beginning October 1.
    USDA issued a news release on June 29, 1998, soliciting comments
regarding the FY 1999 TRQ administrative approach. Approximately 30
comments were received. Most of the comments were supportive of the
current administrative approach, although many suggested changes that
would lead to higher or lower prices in the U.S. domestic market. Some
suggested a change in the trigger level for the allocation or
cancellation of the reserved TRQ quantity. Those suggestions ranged
from a level of 13.5 percent to 20.5 percent, with the producers
supporting a lower trigger level and the refiners and manufacturers
supporting a higher trigger level. One of the comments suggested
abolishment of the current TRQ administrative approach, recommending a
return to an ad hoc method of determining the TRQ.
    After carefully considering those comments, USDA will use a 15.5
percent trigger for the allocation or cancellation of 450,000 metric
tons, 150,000 tons respectively, in January, March and May.
    Allocations of the quota amounts among supplying countries and
areas will be made by the United States Trade Representative.

Notice

    Notice is hereby given that I have determined, in accordance with
paragraph (a) of additional U.S. note 5 to chapter 17 of the HTS, that
an aggregate quantity of up to 1,614,937 metric tons, raw value, of raw
cane sugar described in subheading 1701.11.10 of the HTS may be entered
or withdrawn from warehouse for consumption during the period from
October 1, 1998, through September 30, 1999. Of this quantity,
1,164,937 metric tons will be immediately available, to be allocated by
the United States Trade Representative, and the remaining 450,000
metric tons will be held in reserve.
    If the stocks-to-use ratio published in the January 1999 World
Agricultural Supply and Demand Estimates (WASDE) is equal to, or less
than, 15.5 percent (rounded to the nearest tenth), an additional
150,000 metric tons of the reserved quantity for raw cane sugar will be
available for allocation. If the stocks-to-use ratio published in the
January 1999 WASDE is greater than 15.5 (rounded to the nearest tenth),
150,000 metric tons of the reserved quantity for raw cane sugar will be
automatically canceled without further notice.
    If the stocks-to-use ratio published in the March 1999 WASDE is
equal to, or less than, 15.5 percent (rounded to the nearest tenth), an
additional 150,000 metric tons of the reserved quantity for raw cane
sugar will be available for allocation. If the stocks-to-use ratio
published in the March 1999 WASDE is greater than 15.5 percent (rounded
to the nearest tenth), 150,000 metric tons of the reserved quantity for
raw cane sugar will be automatically canceled without further notice.
    If the stocks-to-use ratio published in the May 1999 WASDE is equal
to, or less than, 15.5 percent (rounded to the nearest tenth), an
additional 150,000 metric tons of the reserved quantity for raw cane
sugar will be available for allocation. If the stocks-to-use ratio
published in the May 1999 WASDE is greater than 15.5 percent (rounded
to the nearest tenth), 150,000 metric tons of the reserved quantity for
raw cane sugar will be automatically canceled without further notice.
    I have further determined that an aggregate quantity of up to
50,000 metric tons, raw value, of certain sugars, syrups, and molasses
described in subheadings 1701.12.10, 1701.91.10, 1701.99.10,1702.90.10,
and 2106.90.44 of the HTS may be entered or

[[Page 50554]]

withdrawn from warehouse for consumption during the period from October
1, 1998 through September 30, 1999. I have further determined that out
of this quantity of 50,000 metric tons, the quantity of 4,656 metric
tons, raw value, is reserved for the importation of specialty sugars.
These TRQ amounts may be allocated among supplying countries and areas
by the United States Trade Representative.
    I will issue Certificates of Quota Eligibility (CQEs) to allow the
Philippines, Brazil, and the Dominican Republic to ship up to 25
percent of their respective initial country allocations at the low-tier
tariff during each quarter of FY 1999. Australia, Guatemala, Argentina,
Peru, Panama, El Salvador, Colombia, South Africa, and Nicaragua will
be allowed to ship up to 50 percent of their respective initial country
allocations in the first 6 months of FY 1999. Unentered allocations,
during any quarter or six month period, may be entered in any
subsequent period. For all other countries, CQEs corresponding to their
respective country allocations may be entered at the low-tier tariff at
any time during the fiscal year. If additional country allocations
result from the January, March, and May blocks of the reserved TRQ
quantity, they may be entered subsequent to their announcement by the
United States Trade Representative.
    Mexico's North American Free Trade Agreement (NAFTA) access to the
U.S. market is established at 25,000 metric tons raw value. That access
will be for either raw or refined sugar, but total access under the
refined sugar allocation and the raw-sugar allocation is not to exceed
25,000 metric tons. Mexico's NAFTA access for either raw or refined
sugar is established in Annex 703.2.

    Signed at Washington, DC, on September 16, 1998.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 98-25292 Filed 9-21-98; 8:45 am]
BILLING CODE 3410-10-M