[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Notices]
[Pages 15175-15176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4404]


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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)

March 21, 2006.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation.

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EFFECTIVE DATE: March 27, 2006.
SUMMARY: : The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain, 100 percent nylon 66, fully drawn 
flat filament yarn, of yarn count 156 decitex, comprised of 51 trilobal 
filaments and 20 round filaments, classified in subheading 5402.41.9040 
of the Harmonized Tariff Schedule of the United States (HTSUS), for use 
in apparel articles classified under HTSUS subheadings 6108.22.9020 and 
6109.90.1065, 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: Anna Flaaten, 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; 
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. (66 FR 13502).
    On November 9, 2005 the Chairman of CITA received a petition from 
Shibani Inwear alleging that certain 100 percent nylon 66, fully drawn 
flat filament yarn,

[[Page 15176]]

of yarn count 156 decitex, comprised of 51 trilobal filaments and 20 
round filaments, classified in HTSUS subheading 5402.41.9040, for use 
in apparel articles classified under HTSUS subheadings 6108.22.90.20 
and 6109.90.10.65, 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 such apparel articles 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 November 14, 2005, CITA requested public comments regarding the 
petition. See Request for Public Comments on Commercial Availability 
Request under the African Growth and Opportunity Act (AGOA), 70 FR 
69524 (November 16, 2005). On November 30, 2005, CITA and the U.S. 
Trade Representative (USTR) sought the advice of the Industry Trade 
Advisory Committee for Textiles and Clothing and the Industry Trade 
Advisory Committee for Distribution Services. On November 30, 2005, 
CITA 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 December 
21, 2005, the U.S. International Trade Commission provided advice on 
the petition.
    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 January 6, 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 apparel articles classified under HTSUS 
subheadings 6108.22.9020 and 6109.90.1065 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 100 percent 
nylon 66, fully drawn flat filament yarn, of yarn count 156 decitex, 
comprised of 51 trilobal filaments and 20 round filaments, classified 
in HTSUS subheading 5402.41.9040, as eligible to enter free of quotas 
and duties under HTSUS subheading 9819.11.24, 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 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.E6-4404 Filed 3-24-06; 8:45 am]
BILLING CODE 3510-DS-S