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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Trade Representative, Office of United States

NOTICE: NOTICES

ACTION: Harmonized Tariff Schedule:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua

DATES: Effective Date: December 20, 2007.

DOCUMENT 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 and syrup goods and sugarcontaining products of Chile, Morocco, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar
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and syrup goods and sugarcontaining products for which the United States grants preferential tariff treatment under (i) the United StatesChile Free Trade Agreement (Chile FTA), in the case of Chile; (ii) the United StatesMorocco Free Trade Agreement (Morocco FTA), in the case of Morocco; and (iii) the Dominican RepublicCentral AmericaUnited States Free Trade Agreement (CAFTADR), in the case of the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua.

SUMMARY: Chile et al.; sugar and syrup goods and sugar containing products; trade surplus determination,

SUPPLEMENTAL INFORMATION

Chile: Pursuant to section 201 of the United StatesChile Free Trade Agreement Implementation Act (Pub. L. 10877; 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 HTS to reflect the tariff and rules of origin treatment provided for in the Chile FTA.

U.S. Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register 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 U.S. 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.

U.S. Note 12(b) to subchapter XI of HTS chapter 99 provides duty free treatment for certain sugar and syrup goods and sugarcontaining products of Chile entered under subheading 9911.17.05 in an amount equal to the lesser of Chile's trade surplus or the specific quantity set out in that note for that calendar year.

U.S. Note 12(c) to subchapter XI of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugarcontaining products of Chile entered under subheading 9911.17.10 through 9911.17.85 in an amount equal to the amount by which Chile's trade surplus exceeds the specific quantity set out in that note for that calendar year.

During calendar year (CY) 2006, 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 260,423 metric tons according to data published by its customs authority, the Servicio Nacional de Aduana. Based on this data, USTR determines that Chile's trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of HTS chapter 99, goods of Chile are not eligible to enter the United States dutyfree under subheading 9911.17.05 or at preferential tariff rates under subheading 9911.17.10 through 9911.17.85 in CY2008.

Morocco: Pursuant to section 201 of the United StatesMorocco Free Trade Agreement Implementation Act (Pub. Law 108302; 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 HTS to reflect the tariff and rules of origin treatment provided for in the Morocco FTA.

U.S. Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register 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 preferential tariff treatment under the Morocco FTA are not included in the calculation of Morocco's trade surplus.

U.S. Note 12(b) to subchapter XII of HTS chapter 99 provides duty free treatment for certain sugar and syrup goods and sugarcontaining 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.

U.S. Note 12(c) to subchapter XII of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugarcontaining 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 CY2006, the most recent year for which data is available, Morocco's imports of the sugar and syrup goods and sugarcontaining products described above exceeded its exports of those goods by 658,890 metric tons according to data published by its customs authority, the Office des Changes. Based on this data, USTR determines 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 HTS chapter 99, goods of Morocco are not eligible to enter the United States dutyfree under subheading 9912.17.05 or at preferential tariff rates under subheading 9912.17.10 through 9912.17.85 in CY2008.

FOR FURTHER INFORMATION CONTACT Leslie O'Connor, Office of Agricultural Affairs, 2023956127.