[Federal Register: September 5, 2002 (Volume 67, Number 172)]
[Notices]               
[Page 56806-56807]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se02-26]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Designations under the Textile and Apparel Short Supply 
Provisions of the African Growth and Opportunity Act (AGOA)

August 29, 2002.
AGENCY: The Committee for the Implementation of Textile Agreements (The 
Committee).

ACTION: Determination

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SUMMARY: The Committee has determined that certain fabrics, enumerated 
below, for use in trousers, shorts, skirts, dresses, handkerchiefs, 
dressing gowns, boxer shorts, and other apparel, cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the AGOA. The Committee hereby designates such apparel articles that 
are both cut and sewn or otherwise assembled in an eligible country 
from these fabrics as eligible for quota-free and duty-free treatment 
under the textile and apparel short supply provisions of the AGOA, and 
eligible under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 9819.11.24 to enter free of quotas and duties, 
provided all other fabrics are U.S. formed from yarns wholly formed in 
the U.S.

FOR FURTHER INFORMATION CONTACT: Philip J. Martello, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Authority: Section 112(b)(5)(B) of the AGOA and 
Presidential Proclamation 7350 of October 2, 2000; Executive Order 
No. 13191 of January 17, 2001.

Background

    The short supply provision of the AGOA provides for duty-free and 
quota-free treatment for apparel articles that are both cut (or knit-
to-shape) and sewn or otherwise assembled in one or more beneficiary 
sub-Saharan African countries from fabric or yarn that is not formed in 
the United States or a beneficiary sub-Saharan African country if it 
has been determined that such yarns or fabrics cannot be supplied by 
the domestic industry in commercial quantities in a timelymanner and 
certain procedural requirements have been met. In Presidential 
Proclamation 7350, the President proclaimed that this treatment would 
apply to such apparel articles from fabrics or yarns designated by the 
appropriate U.S. government authority in the Federal Register. In 
Executive Order 13191, the President

[[Page 56807]]

authorized the Committee to determine whether particular yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities ina timely manner under the AGOA.
    On February 28, 2002, the Committee received a request alleging 
that certain fabrics, listed below, for use in trousers, shorts, 
skirts, dresses, handkerchiefs, dressing gowns, boxer shorts, and other 
apparel, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the AGOA. It requested that apparel 
articles from such fabrics be eligible for preferential treatment under 
the AGOA. On March 8, 2002, the Committee requested public comment on 
the petition (67 FR 10682). On March 26, 2002, the Committee and the 
U.S. Trade Representative (USTR) sought the advice of the Industry 
Sector Advisory Committee for Wholesaling and Retailing and the 
Industry Sector Advisory Committee for Textiles and Apparel. On March 
26, 2002, the Committee and USTR offered to hold consultations with the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate (collectively, the Congressional 
Committees). On April 11, 2002, the U.S. International Trade Commission 
provided advice on the petition. Based on the information and advice 
received and its understanding of the industry, the Committee 
determined that the fabrics set forth in the request cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
On June 14, 2002, the Committee and USTR submitted a report to the 
Congressional Committees that set forth the action proposed, the 
reasons for such action, and advice obtained. A period of 60 calendar 
days since this report was submitted has expired, as required by the 
AGOA.
    The Committee hereby designates as eligible for preferential 
treatment under subheading 9819.11.24 of the HTSUS, the following 
apparel articles, that are both cut and sewn or otherwise assembled in 
one or more eligible beneficiary sub-Saharan African countries, from 
the fabrics set forth below not formed in the United States, provided 
that all other fabrics are wholly formed in the United States from 
yarns wholly formed in the United States, that are imported directly 
into the customs territory of the United States from an eligible 
beneficiary sub-Saharan African country.
    An ``eligible beneficiary sub-Saharan African country'' means a 
country which the President has designated as a beneficiary sub-Saharan 
African country under section 506A of the Trade Act of 1974 (19 U.S.C. 
2466a) and which has been the subject of a finding, published in the 
Federal Register, that the country has satisfied the requirements of 
section 113 of the AGOA (19 U.S.C. 3722) and resulting in the 
enumeration of such country in U.S. note 1 to subchapter XIX ofchapter 
98 of the HTSUS.


                      Fabrics named in the request:

(a) Fabrics of subheadings 5208.21, 5208.22, 5208.29, 5208.31, 5208.32,
 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52 or 5208.59, of
 average yarn number exceeding 135 metric;
(b) Fabrics of subheadings 5513.11 or 5513.21, not of square
 construction, containing more than 70 warp ends and filling picks per
 square centimeter, of average yarn number exceeding 135 metric;
(c) Fabrics of subheadings 5210.21 or 5210.31, not of square
 construction, containing more than 70 warp ends and filling picks per
 square centimeter, of average yarn number exceeding 135 metric;
(d) Fabrics of subheadings 5208.22 or 5208.32, not of square
 construction, containing more than 75 warp ends and fillings picks per
 square centimeter, of average yarn number exceeding 135 metric;
(e) Fabrics of subheadings 5407.81, 5407.82 or 5407.83, weighing less
 than 170 grams per square meter, having a dobby weave created by a
 dobby attachment, of average yarn number exceeding 135 metric;
(f) Fabrics of subheadings 5208.42 or 5208.49, not of square
 construction, containing more than 85 warp ends and filling picks per
 square centimeter, of average yarn number exceeding 85 metric, or
 exceeding 135 metric if the fabric is of oxford construction (a
 modified basket weave with a large filling yarn having no twist woven
 under and over two single, twisted warp yarns);
(g) Fabrics of subheading 5208.51, of square construction, containing
 more than 75 warp ends and filling picks per square centimeter, made
 with single yarns, of average yarn number 95 or greater metric;
(h) Fabrics of subheading 5208.41, of square construction, with a
 gingham pattern, containing more than 85 warp ends and filling picks
 per square centimeter, made with single yarns, of average yarn number
 135 or greater metric, and characterized by a check effect produced by
 the variation in color of the yarns in the warp and filling;
(i) Fabrics of subheading 5208.41, with the warp colored with vegetable
 dyes, and the filling yarns white or colored with vegetable dyes, of
 average yarn number greater than 65 metric.



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                                          Apparel articles named in the
                                                     request:
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Trousers...............................  (subheadings 6203.19, 6203.22,
                                          6204.12, 6204.22, 6204.52,
                                          6204.62, 6211.32, 6211.42,
                                          6217.90),
Shorts.................................  (subheadings 6203.19, 6203.22,
                                          6204.12, 6204.22, 6204.52,
                                          6204.62, 6211.32, 6211.42,
                                          6217.90),
Skirts.................................  (subheadings 6204.12, 6204.22,
                                          6204.52),
Dresses................................  (subheading 6204.42),
Handkerchiefs..........................  (subheading 6213.20),
Dressing Gowns.........................  (subheading 6208.91),
Boxer Shorts...........................  (subheadings 6207.11, 6207.91,
                                          6208.19, 6208.91), and
Other Apparel..........................  (subheadings 6201.92, 6203.22,
                                          6203.42, 6204.12, 6204.22,
                                          6204.62, 6211.32, and
                                          6211.42).
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D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.02-22583 Filed 9-4-02; 8:45 am]
BILLING CODE 3510-DR-S