[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Notices]
[Page 66505-66506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-36]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designation under the Textile and Apparel Commercial Availability
Provisions of the African Growth and Opportunity Act (AGOA)
November 8, 2006.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation
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EFFECTIVE DATE: November 15, 2006.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain combed and ring spun yarn, of a 92
percent cotton/8 percent cashmere blend, comprised of 2/32 Nm resulting
in a 16 Nm yarn size, classified in subheading 5205.42.0020 of the
Harmonized Tariff Schedule of the United States (HTSUS) for use in
men's knit sweaters, cannot be supplied by the domestic industry in
commercial quantities in a timely manner. CITA hereby designates such
apparel articles of such yarn, that are cut from fabric formed, or
knit-to-shape, and sewn or otherwise assembled in one or more eligible
AGOA beneficiary countries as eligible to enter free of quotas and
duties under HTSUS subheading 9819.11.24.
FOR FURTHER INFORMATION CONTACT: Maria K. Dybczak, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 112(b)(5)(B) of the AGOA; Presidential
Proclamation 7350 of October 2, 2000; Section 1 of Executive Order
No. 13191 of January 17, 2001.
BACKGROUND:
The AGOA provides for quota-and duty-free treatment for qualifying
textile and apparel products. Such treatment is generally limited to
products manufactured from yarns and fabrics formed in the United
States or a beneficiary country. The AGOA also provides for quota-and
duty-free treatment for apparel articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled in one or more beneficiary
countries from fabric or yarn that is not formed in the United States,
if it has been determined that such fabric or yarn cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
In Executive Order No. 13191, the President delegated to CITA the
authority to determine whether yarns or fabrics cannot be supplied by
the domestic industry in commercial quantities in a timely manner under
the AGOA and directed CITA to establish procedures to ensure
appropriate public participation in any such determination. On March 6,
2001, CITA published procedures that it will follow in considering
requests. See Procedures in Considering Request Under the Textile and
Apparel ``Short Supply'' Provisions of The African Growth and
Opportunity Act and The United-States Caribbean Basin Trade Partnership
Act, 66 FR 13502 (March 6, 2001).
On July 5, 2006 the Chairman of CITA received a petition from
Shibani Inwear of Mauritius alleging that a certain combed and ring
spun yarn, of a 92 percent cotton/8 percent cashmere blend, comprised
of 2/32 Nm resulting in a 16 Nm yarn size, classified in subheading
5205.42.0020 of the HTSUS cannot be supplied by the domestic industry
in commercial quantities in a timely manner. The petition requested
quota- and duty-free treatment under the AGOA for men's knit sweaters
that are both cut from fabric formed, or knit-to-shape, and sewn or
otherwise assembled in one or more AGOA beneficiary countries from such
yarn.
On July 12, 2006, CITA published a notice in the Federal Register
requesting public comments on the petition. See Request for Public
Comments on Commercial Availability Request under the African Growth
and Opportunity Act (AGOA), 71 FR 39307 (July 12, 2006).
In response to a previous commercial availability request by the
same petitioner on the subject yarn, submitted on March 6, 2006, CITA
sought advice from the U.S. International Trade Commission (ITC).
In response to the previous commercial availability request for
this subject yarn, on March 31, 2006, CITA and the Office of the U.S.
Trade Representative (USTR) sent memoranda seeking the advice of the
Industry Trade Advisory Committees (ITACs) for Textiles and Clothing
and for Distribution Services.
As CITA had recently obtained advice from the ITC, and the ITC has
confirmed that its advice is unchanged from the previous report, and
the relevant ITACs had no comments regarding the subject yarn, CITA did
not request advice again. On July 28, 2006, CITA and the USTR sent
memoranda informing the Senate Finance Committee and the House Ways and
Means Committee (collectively, the Congressional Committees) that CITA
was available to consult on the request.
Based on the information and advice received and its understanding
of the industry, CITA determined that the yarn set forth in the
petition cannot be supplied by the domestic industry in commercial
quantities in a timely manner. On September 5, 2006, CITA 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.
CITA hereby designates men's knit sweaters that are both cut from
fabric formed, or knit-to-shape, and sewn or otherwise assembled in one
or more eligible beneficiary sub-Saharan African country from certain
combed and ring spun yarn, of a 92 percent cotton/8 percent cashmere
blend, comprised of 2/32 Nm resulting in a 16 Nm yarn size, classified
in subheading 5205.42.0020 of the HTSUS, as eligible to enter free of
quotas and duties, provided all other yarns used in the referenced
apparel articles are U.S. formed, subject to the special rules for
findings and trimmings, certain interlinings and de minimis fibers and
yarns under section 112(d) of the AGOA, and that such articles are
imported directly into the customs territory of the United States from
an eligible AGOA beneficiary country.
An ``eligible beneficiary sub-Saharan African country'' means a
country
[[Page 66506]]
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), resulting in the enumeration of such
country in U.S. note 1 to subchapter XIX of chapter 98 of the HTSUS.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. E6-19305 Filed 11-14-06; 8:45 am]