2012 Agricultural/Surplus Sugar DR-CAFTA TRQs Opened Jan 3

(CBP explains that the DR-CAFTA contains quantitative restraints associated with a reduced duty rate for agricultural products that meet the requirements for a "qualifying good." A qualifying good is one that meets the product specific rule of origin; however, any U.S. materials or inputs are considered non-originating.

Most or all of these TRQs have a duty-free in-quota limit. Some also have an over-quota (high-duty) limit, while others additionally have a safeguard (high-duty rate) once that over-quota limit is filled. Affected products include sugar, sugar-containing products, beef, peanuts, peanut butter, cheese, milk powder, butter, other dairy products, ice cream, milk, cream, sour cream, and ethyl alcohol. Note that U.S. materials are considered non-originating.)

The following DR-CAFTA TRQs opened on January 3, 2012:

Trade surplus sugar/syrup/products. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) TRQ amounts of sugar, sugar syrup, and sugar-containing products, as provided for in HTS Chapter 98 Subchapter XXII, U.S. Note 25:

CBP notes that all raw cane sugar must be sampled in accordance with Customs Directive 3820-001b (available here).

*Amended from 11,200,000 kg per a Federal Register Notice dated 12/27/11 (available here). The notice states that during calendar year 2010, Dominican Republic imports of such goods exceeded its exports by 48,700,000 kg. The USTR determined that the Dominican Republic's trade surplus is negative, and therefore, such goods are not eligible to enter the U.S. duty-free under subheading 9822.05.20 in calendar year 2012.

Sugar/sugar goods/sugar containing products. The below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of sugar, sugar goods, and sugar containing products as provided for in HTS Chapter 98 Subchapter XXII, U.S. Note 24:

Certain bovine meat (e.g. beef). The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) TRQ amounts of bovine meat (e.g. beef) as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 4:

CBP states that these quantities shall be available only after the quantity allocated to "Other Countries or areas" under HTS Chapter 2, Additional U.S. Note 3 has been filled for the year.

Certain milk, cream, and sour cream. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of milk, cream, and sour cream as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 5:

Certain milk, cream, sour cream, butter, butter substitutes, etc. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of milk and cream, sour cream, butter, butter substitutes, etc. as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 6:

Certain dried milk products, animal feeds. The below-listed DR-CAFTA country has access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amount of certain dried milk products and animal feeds containing milk or milk derivatives as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 7:

Certain milk, cream, yogurt, whey, confectionery, food preparations, infant preparations, mixes and dough, etc. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of milk, cream, yogurt, whey, confectionery, food preparations, infant preparations, mixes and dough, etc. as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 8:

Certain milk and cream. The below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of milk and cream as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 9:

Certain cheese and curd, including mixtures. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of cheese and curd, including mixtures, as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 10:

Certain cheese and curd, including mixtures. The below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of cheese and curd, including mixtures, as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 11:

Certain peanuts. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of peanuts as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 12:

Certain peanut butter and paste. The below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of peanut butter and paste as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 13:

Certain ice cream. The below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of ice cream as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 14:

CBP notes that "P+" should be used as the primary special program indicator (SPI). Entry type code 02, 06, 07, 12, 23, 32, 38, or 52 should be used.

(QBT-11-577, dated 12/19/11, amended 12/29/11)