[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66505-66506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19305]


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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]
BILLING CODE 3510-DS