[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Notices]
[Pages 59376-59377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26015]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provision of the African Growth and Opportunity Act (AGOA)

October 8, 2003.
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 men's and boys' shirts, 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 commercial availability 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.

EFFECTIVE DATE: October 15, 2003.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    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 commercial availability 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 if it has been determined that such 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner 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 authorized the Committee to determine whether particular 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the AGOA.
    On June 2, 2003, the Committee received a request alleging that 
certain fabrics, listed below, for use in men's and boys' shirts, 
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 
June 6, 2003, the Committee requested public comment on the petition 
(68 FR 33922). On June 23, 2003, 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 June 23, 2003, 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 
July 14, 2003, 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 July 30, 2003, 
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, men's and boys' 
shirts, 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

[[Page 59377]]

resulting in the enumeration of such country in U.S. note 1 to 
subchapter XIX of chapter 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.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.03-26015 Filed 10-14-03; 8:45 am]
BILLING CODE 3510-DR-S