On January 6, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a 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).
Based on the results, USTR has determined:
- USTR has determined that Chile’s trade surplus is negative. Therefore, goods of Chile are not eligible to enter the United States duty-free under subheading 9911.17.05 in CY2021
- USTR has determined that Morocco’s trade surplus is negative. Therefore, goods of Morocco are not eligible to enter the United States duty-free under subheading 9912.17.05 or at preferential tariff rates under subheading 9912.17.10 through 9912.17.85 in CY2021.
- USTR has determined that Peru’s trade surplus is negative. Therefore, goods of Peru are not eligible to enter the United States duty-free under subheading 9822.06.10 in CY2021.
- USTR has determined that Colombia’s trade surplus is 338,814 metric tons. Therefore, the aggregate quantity of goods of Colombia that may be entered duty-free under subheading 9822.08.01 in CY2021 is 56,750 metric tons (i.e., the amount that is the lesser of Colombia’s trade surplus and the specific quantity set out in the HTSUS for Colombia for CY2021).
- USTR has determined that Panama’s trade surplus is negative. Therefore, goods of Panama are not eligible to enter the United States dutyfree under subheading 9822.09.17 in CY2021.
- USTR has determined that Costa Rica’s trade surplus is 92,924 metric tons. Therefore, the aggregate quantity of goods of Costa Rica that may be entered duty-free under subheading 9822.05.20 in CY2021 is 14,300 metric tons (i.e., the amount that is the lesser of Costa Rica’s trade surplus and the specific quantity set out in the HTSUS for Costa Rica for CY2021).
- USTR has determined that the Dominican Republic’s trade surplus is negative. Therefore, goods of the Dominican Republic are not eligible to enter the United States duty-free under subheading 9822.05.20 in CY2021.
- USTR has determined that El Salvador’s trade surplus is 420,282 metric tons. Therefore, the aggregate quantity of goods of El Salvador that may be entered duty-free under subheading 9822.05.20 in CY2021 is 36,720 metric tons (i.e., the amount that is the lesser of El Salvador’s trade surplus and the specific quantity set out in the HTSUS for El Salvador for CY2021).
- USTR has determined that Guatemala’s trade surplus is 1,768,149 metric tons. Therefore, the aggregate quantity of goods of Guatemala that may be entered duty-free under subheading 9822.05.20 in CY2021 is 50,760 metric tons (i.e., the amount that is the lesser of Guatemala’s trade surplus and the specific quantity set out in the HTSUS for Guatemala for CY2021).
- USTR has determined that Honduras’ trade surplus is 127,399 metric tons. Therefore, the aggregate quantity of goods of Honduras that may be entered duty-free under subheading 9822.05.20 in CY2021 is 10,400 metric tons (i.e., the amount that is the lesser of Honduras’ trade surplus and the specific quantity set out in the HTSUS for Honduras for CY2021).
- USTR has determined that Nicaragua’s trade surplus is 242,463 metric tons. Therefore, the aggregate quantity of goods of Nicaragua that may be entered duty-free under subheading 9822.05.20 in CY2021 is 28,600 metric tons (i.e., the amount that is the lesser of Nicaragua’s trade surplus and the specific quantity set out in the HTSUS for Nicaragua for CY2021).
