[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43397-43400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4004]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination Under the African Growth and Opportunity Act

July 21, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Directive to the Commissioner of Customs and Border Protection.

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SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain textile and apparel goods from 
Nigeria shall be treated as ``handloomed, handmade, folklore articles, 
or ethnic

[[Page 43398]]

printed fabrics'' and qualify for preferential treatment under the 
African Growth and Opportunity Act. Imports of eligible products from 
Nigeria with an appropriate visa will qualify for duty-free treatment.

EFFECTIVE DATE: August 1, 2005.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Sections 112(a) and 112(b)(6) of the African Growth 
and Opportunity Act (Title I of the Trade and Development Act of 
2000, Pub. L. No. 106-200) (``AGOA''), as amended by Section 7(c) of 
the AGOA Acceleration Act of 2004 (Pub. L. 108-274) (``AGOA 
Acceleration Act'') (19 U.S.C. Sec.  3721(a) and (b)(6)); Sections 2 
and 5 of Executive Order No. 13191 of January 17, 2001; Sections 25-
27 and Paras. 13-14 of Presidential Proclamation 7912 of June 29, 
2005.
    AGOA provides preferential tariff treatment for imports of certain 
textile and apparel products of beneficiary sub-Saharan African 
countries, including hand-loomed, handmade, or folklore articles of a 
beneficiary country that are certified as such by the competent 
authority in the beneficiary country. The AGOA Acceleration Act further 
expanded AGOA by adding ethnic printed fabrics to the list of textile 
products made in the beneficiary sub-Saharan African countries that may 
be eligible for the preferential treatment describes in section 112(a) 
of the AGOA. In Executive Order 13191 (January 17, 2001) and 
Presidential Proclamation 7912 (June 29, 2005), the President 
authorized CITA to consult with beneficiary sub-Saharan African 
countries and to determine which, if any, particular textile and 
apparel goods shall be treated as being hand-loomed, handmade, folklore 
articles, or ethnic printed fabrics. (66 FR at 7271-72 and 70 FR at 
37961 & 63).
    In a letter to the Commissioner of Customs dated January 18, 2001, 
the United States Trade Representative directed Customs to require that 
importers provide an appropriate export visa from a beneficiary sub-
Saharan African country to obtain preferential treatment under section 
112(a) of the AGOA (66 FR 7837). The first digit of the visa number 
corresponds to one of nine groupings of textile and apparel products 
that are eligible for preferential tariff treatment. Grouping ``9'' is 
reserved for handmade, hand-loomed, folklore articles, or ethnic 
printed fabrics.
    CITA has consulted with Nigerian authorities and has determined 
that hand-loomed fabrics, hand-loomed articles (e.g., hand-loomed rugs, 
scarves, place mats, and tablecloths), handmade articles made from 
hand-loomed fabrics, the folklore articles described in Annex A, and 
ethnic printed fabrics described in Annex B to this notice, if produced 
in and exported from Nigeria, are eligible for preferential tariff 
treatment under section 112(a) of the AGOA, as amended. In the letter 
published below, CITA directs the Commissioner of Customs and Border 
Protection to allow duty-free entry of such products under U.S. 
Harmonized Tariff Schedule subheading 9819.11.27 if accompanied by an 
appropriate AGOA visa in grouping ``9''.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

July 21, 2005.

Commissioner,
Bureau of Customs and Border Protection, Washington, DC 20229.
    Dear Commissioner: The Committee for the Implementation of 
Textiles Agreements (``CITA''), pursuant to Sections 112(a) and 
(b)(6) of the African Growth and Opportunity Act (Title I of the 
Trade and Development Act of 2000, Pub. L. No. 106-200) (``AGOA''), 
as amended by Section 7(c) of the AGOA Acceleration Act of 2004 
(Pub. L. 108-274) (``AGOA Acceleration Act'') (19 U.S.C. Sec.  
3721(a) and (b)(6)), Executive Order No. 13191 of January 17, 2001, 
and Presidential Proclamation 7912 of June 29, 2005, has determined, 
effective on August 1, 2005, that the following articles shall be 
treated as ``handloomed, handmade, folklore articles, or ethnic 
printed fabrics'' under the AGOA: (a) handloomed fabrics, handloomed 
articles (e.g., handloomed rugs, scarves, placemats, and 
tablecloths), and hand-made articles made from handloomed fabrics, 
if made in Nigeria from fabric handloomed in Nigeria; (b) the 
folklore articles described in Annex A if made in Nigeria; and (c) 
ethnic printed fabrics described in Annex B. Such articles are 
eligible for duty-free treatment only if entered under subheading 
9819.11.27 and accompanied by a properly completed visa for product 
grouping ``9'', in accordance with the provisions of the Visa 
Arrangement between the Government of Nigeria and the Government of 
the United States Concerning Textile and Apparel Articles Claiming 
Preferential Tariff Treatment under Section 112 of the Trade and 
Development Act of 2000. After further consultations with Nigerian 
authorities, CITA may determine that additional textile and apparel 
goods shall be treated as folklore articles.
    Sincerely,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Attachment
ANNEX A: Nigerian Folklore Products
CITA has determined that the following textile and apparel goods 
shall be treated as folklore articles for purposes of the AGOA if 
made in Nigeria. Articles must be ornamented in characteristic 
Nigerian or regional folk style. An article may not include modern 
features such as zippers, elastic, elasticized fabrics, snaps, or 
hook-and-pile fasteners (such as velcro(copyright) or similar 
holding fabric). An article may not incorporate patterns that are 
not traditional or historical to Nigeria, such as airplanes, buses, 
cowboys, or cartoon characters and may not incorporate designs 
referencing holidays or festivals not common to traditional Nigerian 
culture, such as Halloween and Thanksgiving.

Eligible folklore articles:

(a) Kaftan:This loose fitting two-piece set contains an ankle length 
pullover outer tunic and matching trousers. The outer tunic has long 
sleeves, pockets along the side seam, and side vents at the bottom. 
It has a round neckline with a slit down the center front. If 
embroidered, it is along the neckline and sleeves. The trousers are 
secured at the waist by a drawstring and may be baggy with extra-
fullness at the thighs and may contain side seam pockets. This 
garment can be made from fabric of any weight.
(b) Senegalese: This loose fitting two-piece set contains an ankle 
length pullover outer tunic garment and matching trousers. The outer 
tunic has long sleeves, pockets along the side seam, and side vents 
at the bottom. It usually has a round neckline with a slit down the 
center front, although necklines may vary and may be embroidered. If 
embroidered, it is usually along the neckline, front opening and 
sleeves. The trousers are secured at the waist by a drawstring and 
may be baggy with extra-fullness at the thighs and may contain side 
seam pockets. The garment is usually made from dyed material or 
guinea brocade.
(c) Buba and Sokoto: This loose fitting, two-piece set contains a 
pullover upper garment and matching trousers. The three-quarter 
length upper garment has sleeves extending just below the elbow, 
side vents at the bottom, and may have patch pockets. It has a round 
neckline with a slit down the center front. The Buba is usually 
undecorated, but if embroidered, it is usually along the back 
shoulder and front chest. It has a round, slotted neckline. The 
Sokoto are trousers that are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. This garment can be made from fabric of any 
weight.
(d) Kenbe: This loose fitting, two-piece set contains a pullover 
upper garment and matching trousers. The three-quarter length upper 
garment has half or three-quarter length sleeves, with side vents at 
the bottom. The trousers are three-quarter length and are secured at 
the waist by a drawstring.
(e) Dansiki: This loose fitting two-piece set contains a pullover 
upper garment and matching trousers. The three-quarter length upper 
garment is sleeveless, or has short sleeves, and may have patch 
pockets. Its round neckline may be intricately

[[Page 43399]]

embroidered. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. The garment is frequently made from dyed 
materials or African prints.
(f) Gbariye: This two-piece, heavily embroidered, three-quarter 
length ceremonial set contains a pullover upper garment and matching 
trousers, made of heavy handloomed fabric. The cap sleeved upper 
garment is heavily embroidered and darted or pleated (i.e. sewn in 
the form of a pyramid that is wider at the bottom than at the 
shoulder). This enables the upper garment spin freely during dance 
ceremonies. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. The set may be heavily embroidered, usually along 
the neck, chest and ankle.
(g) Isiagu or Chieftaincy: This one-piece pullover, three-quarter 
length garment, worn for special occasions, may have short or long 
sleeves and may come with golden buttons linked together by a chain 
that adorn the slotted neck opening. The garment contains pleats or 
darts on the front, below the shoulder, and has a front patch 
pocket.
(h) Agbada: This is a three-piece set includes the ``Agbada'' 
``Buba'', and ``Sokoto''. The Agbada is an oversized outer pullover 
garment and is usually loose flowing, extending to below the knee or 
ankle. The embroidery work is on both the back and front sides. The 
side seams open from the shoulder to bottom hem. The Buba, the 
inner, pullover garment may have varying length sleeves. The slotted 
neck may have buttons. The Sokoto are trousers secured at the waist 
by a drawstring and may be baggy with extra-fullness at the thighs 
and may contain side seam pockets. The set may or may not be 
embroidered.
(i) Booboo: This is a woman's pullover garment that is designed as a 
loose flowing gown. The full-length garment is sleeveless or has 
short sleeves and has side vents at the bottom. The garment has 
oversized armholes and no means of closure at the neck. If 
embroidered, it is usually along the neck and shoulders. May come 
with a length of fabric used as a matching head wrap.
(j) Buba and Iro: This is a two-piece set. The Buba is a short-
sleeved pullover, T-shaped garment reaching the waist and is open at 
the neck. The Iro is a rectangular piece of fabric that is wrapped 
around the waist, tucked or tied to secure in place.
(k) Yar Jos: This two-piece set of lightweight fabric contains a 
three-quarter-length sleeveless pullover upper garment and matching 
trousers. The sides of the pullover are open from the shoulder to 
mid-trunk, and have pockets on each side under the arm opening. It 
has a round neckline with a slit down the center front. The trousers 
are secured at the waist by a drawstring and may be baggy with 
extra-fullness at the thighs and may or may not have pockets.
(l) Baban Riga: This loose, three-piece set contains an oversized, 
three-quarter length pullover outer garment that is open from the 
shoulder down the side to the bottom edge of the garment, inner 
tunic and matching trousers. The three-quarter length inner tunic 
has long or short sleeves and has side vents at the bottom. The 
trousers are secured at the waist by a drawstring and may be baggy 
with extra-fullness at the thighs and may contain side seam pockets. 
This garment may or may not be heavily embroidered.
(m) Jamfa: This two-piece simple wear contains a three-quarter-
length pullover upper garment and matching trousers. The upper 
garment is sewn with long or short sleeves and has side vents at the 
bottom. It has a round neckline with a slit down the center front. 
The trousers are secured at the waist by a drawstring and may be 
baggy with extra-fullness at the thighs and may contain side seam 
pockets.
(n) Yarshara: This two-piece set of lightweight fabric contains a 
three-quarter-length sleeveless pullover upper garment and matching 
trousers. The sides of the pullover are open from the shoulder to 
mid-trunk, and have pockets on each side under the arm opening. It 
has a round neckline with a slit down the center front. The trousers 
are secured at the waist by a drawstring and may be baggy with 
extra-fullness at the thighs and may contain side seam pockets.
(o) Dandogo: This heavily embroidered three-piece set, made from 
heavy weight fabric, is worn during special ceremonies and depicts 
the richness in traditional folklore. It is made from strips of hand 
loomed fabric that are sewn together. The oversized three-quarter to 
full-length outer pullover garment contains a V neckline with very 
large arm openings. The sleeve openings are almost the full length 
of the garment. The sleeveless three-quarter length underneath 
pullover garment is wider at the base than the shoulder. It has a 
round neckline with a slit down the center front. The trousers are 
secured at the waist by a drawstring and may be baggy with extra-
fullness at the thighs and may have side seam pockets.
(p) Abaya: This three-piece set contains an outer fully open robe-
styled piece, a three-quarter-length inner pullover upper garment, 
and matching trousers. The long, almost full-length, oversized, 
outer garment contains a yarn-tassel closure, short sleeves and is 
heavily embroidered along the front opening and sleeve caps. The 
ankle length inner pullover piece has a round neckline with a slit 
down the center front, has long sleeves, side seam pockets side, 
vents at the bottom, and is heavily embroidered around the neckline 
and sleeve cuffs. The trousers are secured at the waist by a 
drawstring and may be baggy with extra-fullness at the thighs and 
may contain side seam pockets and are embroidered at the bottom.
(q) Kaftan Falmara: This loose fitting ceremonial two-piece set 
contains an ankle length pullover outer garment and matching 
trousers. The outer garment has long sleeves, pockets along the side 
seam, and side vents at the bottom. It has a round neckline with a 
slit down the center front. If embroidered, it is usually along the 
neckline and sleeve cuffs. The garment is similar to a Kaftan, 
except the Kaftan Falmara has panels resembling a vest, or 
waistcoat, sewn into the front. The trousers are secured at the 
waist by a drawstring and may be baggy with extra-fullness at the 
thighs and may contain side seam pockets.
(r) Zabuni: Originally from the northern part of Nigeria, this two-
piece set contains a long-sleeved jacket-like upper garment and 
matching trousers. More tailored that other folklore articles, the 
coat styled garment may be fully lined, with patch pocket(s) on the 
inside. It is heavily decorated with a cord-like appliqu[eacute] 
which is hand-sewn on solid colored material around the round 
neckline, front opening placket, back, sleeves at the cuff, and 
trousers at the hem. The pocket-less trousers are secured at the 
waist by a drawstring, and have side vents at the cuff.
(s) Kufta: This lightweight and loose fitting two-piece set contains 
an ankle length pullover garment and matching trousers. The pullover 
garment has long sleeves, pockets along the side seam, and side 
vents at the bottom. It has a round neckline with a slit down the 
center front. It has long triangular shaped panels under each arm. 
If embroidered, it is usually along the neck, front opening placket 
and sleeves. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets.
(t) Falmara: This garment is similar in shape to a vest or 
waistcoat, with embroidery around the round neck continuing down the 
opening. The sleeveless garment may be fully lined with patch 
pocket(s) on the inside. It could be worn over any long sleeve shirt 
or top, but usually, it is worn over a Kaftan.

ANNEX B: Nigerian Ethnic Printed Fabrics
Each ethnic-printed fabric must meet all of the criteria listed 
below:

    A) selvedge on both edges
    B) width of less than 50 inches
    C) classifiable under subheading 5208.52.30 \1\ or 5208.32.40 
\2\ of the Harmonized Tariff Schedule of the United States
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    \1\ printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing over 100g/m2 but not more than 200 g/m2, of yarn 
number 42 or lower.
    \2\ printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing over 100g/m2 but not more than 200g/m2, of yarn 
numbers 43-68
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    D) contains designs, symbols, and other characteristics of 
African prints normally produced for and sold in Africa by the piece 
(6 or 12 yard fixed lengths or by the piece or in roll or bolt form) 
\3\
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    \3\ For our purposes, fabric by the piece does mean in roll or 
bolt form.
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    E) generally designed with colorful, repeating patterns and 
motifs described in ``D''
    F) penetration of dye prints both sides of the fabric creating a 
``duplex effect'' such that both the face and the back of the fabric 
appear the same
    G) made from fabric woven in the U.S. using U.S. yarn or woven 
in one or more eligible sub-Saharan beneficiary countries using U.S 
or African yarn
    H) printed, including waxed in one or more eligible sub-Saharan 
beneficiary countries
    I) inscription of the design number and manufacturer's brand 
name and/or logo on the selvedge edge of the companies listed in 
``J''

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    J) must be manufactured by one of the companies in the list 
below in ``i through xi'':
     i. African Textile Manufacturers Ltd
     ii. Angel Spinning & Dyeing Ltd
     iii. Bhojraj Industries PLC
     iv. Dangote General Textile Products, Ltd
     v. General Cotton Mills Ltd
     vi. Gaskiya Textile Mills PLC
     vii. Holborn Nigeria Ltd
     viii. Hong Kong Synthetic Fibre Co. Nig Ltd
     ix. Reliance Textile Industries Ltd
     x. Sunflag Nig Ltd
     xi. United Nigerian Textiles PLC
[FR Doc. E5-4004 Filed 7-26-05; 8:45 am]
BILLING CODE 3510-DS-S