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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99956-99959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29071]

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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 (USTR).

ACTION: Notice.

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SUMMARY: In accordance with the Harmonized Tariff Schedule of the 
United States (HTSUS), 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 the 
United States-Chile Free Trade Agreement (Chile FTA), the United 
States-Morocco Free Trade Agreement (Morocco FTA), the Dominican 
Republic-Central America-United States Free Trade Agreement (CAFTA-DR 
FTA), the United States-Peru Trade Promotion Agreement (Peru TPA), the 
United States-Colombia Trade Promotion Agreement (Colombia TPA), and 
the United States-Panama Trade Promotion Agreement (Panama TPA).

DATES: This notice is applicable on January 1, 2025.

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 Chile FTA 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 
CY2023, the most recent year for which data is available, Chile's 
imports of the sugar and syrup goods and sugar-containing products 
described above exceeded its exports of those goods by 662,341 metric 
tons according to data published by its customs authority, the Servicio 
Nacional de Aduana. Based on this data, USTR has determined that Chile 
has a negative trade surplus. 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 CY2025.

II. Morocco FTA

    Pursuant to section 201 of the Morocco FTA Implementation Act (Pub.

[[Page 99957]]

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 CY2023, the most recent year for which data is available, 
Morocco's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 
1,086,639 metric tons according to data published by its customs 
authority, the Office des Changes. Based on this data, USTR has 
determined that Morocco has a negative trade surplus. 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 CY 2025.

III. CAFTA-DR FTA

    Pursuant to section 201 of the CAFTA-DR FTA 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 FTA on behalf 
of the United States and modified the HTSUS to reflect the tariff 
treatment provided for in the CAFTA-DR FTA.
    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 FTA 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. In each successive year after CY2021, the 
aggregate quantity for each country increases, from the aggregate 
quantity permitted in the prior calendar year, by the quantity set out 
in that note.

Costa Rica

    During CY2023, the most recent year for which data is available, 
Costa Rica's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 30,086 
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 30,086 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 CY2025 is 15,180 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 CY2025 is 15,180 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 CY2025).

Dominican Republic

    During CY2023, the most recent year for which data is available, 
the Dominican Republic's imports of the sugar and syrup goods and 
sugar-containing products described above exceeded its exports of those 
goods by 97,159 metric tons according to data published by the General 
Directorate of Customs (DGA). Based on this data, USTR has determined 
that the Dominican Republic has a negative trade surplus. 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 CY2025.

El Salvador

    During CY2023, the most recent year for which data is available, El 
Salvador's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 369,856 
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 369,856 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 CY2025 is 39,440 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 CY2025 is 39,440 
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 CY 2025).

Guatemala

    During CY2023, the most recent year for which data is available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 983,553 
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 983,553 metric tons. 
The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII 
of HTSUS chapter 98 for Guatemala for CY2025 is 54,520 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 CY 2025 is 54,520 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 CY2025).

Honduras

    During CY2023, the most recent year for which data is available, 
Honduras' exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 158,791 
metric tons according to data published by the Central Bank of 
Honduras. Based on

[[Page 99958]]

this data, USTR has determined that Honduras' trade surplus is 158,791 
metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to 
subchapter XXII of HTSUS chapter 98 for Honduras for CY2025 is 11,040 
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 CY2025 is 11,040 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 CY2025).

Nicaragua

    During CY2023, the most recent year for which data is available, 
Nicaragua's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 349,119 
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 349,119 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTSUS chapter 98 
for Nicaragua for CY2025 is 30,360 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 CY2025 is 
30,360 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 CY2025).

IV. Peru TPA

    Pursuant to section 201 of the Peru TPA 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 calendar year.
    During CY2023, the most recent year for which data is available, 
Peru's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 249,090 
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 has a negative trade surplus. 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 CY2025.

V. Colombia TPA

    Pursuant to section 201 of the Colombia TPA 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 CY2023, the most recent year for which data is available, 
Colombia's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 219,080 
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 219,080 metric tons. The specific 
quantity set out in U.S. Note 32(c)(i) to subchapter XXII of HTSUS 
chapter 98 for Colombia for CY2025 is 59,750 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 CY2025 is 
59,750 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 CY2025).

VI. Panama TPA

    Pursuant to section 201 of the Panama TPA 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 
calendar year.
    During CY2023, the most recent year for which data is available, 
Panama's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 2,071 
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 2,071 metric tons. 
The specific quantity set out in U.S. Note 35(c) to subchapter XXII of 
HTS chapter 98 for Panama for CY2025 is 570 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 CY2025 is 
570 metric tons (i.e., the amount that is the lesser of Panama's trade 
surplus

[[Page 99959]]

and the specific quantity set out in that Note for Panama for CY2025).

Douglas McKalip,
Chief Agricultural Negotiator, Office of the United States Trade 
Representative.
[FR Doc. 2024-29071 Filed 12-10-24; 8:45 am]
BILLING CODE 3390-F4-P
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