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###### Office of the United States Trade Representative

# 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 goods of Peru. As described below, the level of Peru's trade surplus in these goods relates to the quantity of sugar goods for which the United States grants duty-free tariff treatment under the United States—Peru Trade Promotion Agreement (Peru TPA).

# DATES:

*Effective Date:*                         February 1, 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, 202-395-6127.

# SUPPLEMENTARY INFORMATION:

Pursuant to section 101 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 and rules of origin 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 Harmonized System (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 calendar year (CY) 2007, 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 245,132 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 CY2009.                

James Murphy,

Assistant United States Trade Representative.

[FR Doc. E9-1830 Filed 1-28-09; 8:45 am]

BILLING CODE 3190-W9-P