[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Pages 77388-77389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21991]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination under the African Growth and Opportunity Act

December 18, 2006.
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 Niger 
shall be treated as ``handloomed, handmade, folklore articles, or 
ethnic printed fabrics'' and qualify for preferential treatment under 
the African Growth and Opportunity Act. Imports of eligible products 
from Niger with an appropriate visa will qualify for duty-free 
treatment.

EFFECTIVE DATE: January 3, 2007.

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 handloomed, 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 
and apparel products made in the beneficiary sub-Saharan African 
countries that may be eligible for the preferential treatment described 
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 7271-72 and 70 FR 37959, 
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, handloomed, folklore articles, or ethnic printed 
fabrics.
    CITA has consulted with Nigerien authorities and has determined 
that handloomed fabrics, handloomed articles (e.g., handloomed rugs, 
scarves, place mats, and tablecloths), handmade articles made from 
handloomed fabrics, and the folklore articles described in Annex A and 
ethnic printed fabric described in Annex B to this notice, if produced 
in and exported from Niger, are eligible for preferential tariff 
treatment under section 112(a) of the AGOA, as amended. After further 
consultations with Nigerien authorities, CITA may determine that 
additional textile and apparel goods shall be treated as folklore 
articles or ethnic printed fabrics. 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''.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements

December 18, 2006.

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 January 3, 2007, that the following articles shall be 
treated as ``handloomed, handmade, folklore articles, and ethnic 
printed fabrics'' under the AGOA:

[[Page 77389]]

(a) handloomed fabrics, handloomed articles (e.g., handloomed rugs, 
scarves, placemats, and tablecloths), and handmade articles made 
from handloomed fabrics, if made in Niger from fabric handloomed in 
Niger; (b) the folklore articles described in Annex A; and (c) 
ethnic printed fabrics described in Annex B if made in Niger. 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 Niger 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 
Nigerien authorities, CITA may determine that additional textile and 
apparel goods shall be treated as folklore articles or ethnic 
printed fabrics.
    Sincerely,
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

ANNEX A: Nigerien Folklore Products
CITA has determined that the following textile and apparel goods 
shall be treated as folklore articles for purposes of the AGOA if 
such goods are made in Niger. Articles must be ornamented in 
characteristic Nigerien 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 velcroc or 
similar holding fabric). An article may not incorporate patterns 
that are not traditional or historical to Niger, such as airplanes, 
buses, cowboys, or cartoon characters and may not incorporate 
designs referencing holidays or festivals not common to traditional 
Nigerien culture, such as Halloween and Thanksgiving.
Eligible folklore articles:
(a) Tera-Tera Blanket/Tapestry: Strips of handloomed fabric, usually 
4 1/2 inches wide, hand or machine sewn together to make a larger 
piece of fabric, dyed with natural dyes, striped. Uses include 
blankets, bedspreads, interior decoration accessories, and are used 
in traditional marriage ceremonies.
(b) Boubou with hand-stitched embroidery: Made of handloomed strips 
of fabric, hand or machine sewn together, as described in (a), the 
garment is a traditional smock and may be accompanied by matching 
trousers. The garment is a natural cotton color, has an asymmetrical 
neckline and typically a center chest pocket immediately below the 
neckline. The front and back of the neckline is embellished in gray 
and blue hand-stitched embroidery
(c) Ladies' Boubou Style Dresses: This ladies' dress is a loose-
fitting garment with large open armholes, may come with matching 
scarf, and is of bright solid colored machine-made fabric, or a 
machine-made lace-type fabric. Garment is decorated with hand or 
machine-sewn embroidery around the round or U-shaped neckline and 
the back of the shoulder, often in a cross-patterned motif. The 
garment may be full or half-length.
(d) Fulani Wodabe Loincloth/Wrap Skirt: This single piece of fabric 
garment is made of handloomed cotton strips of fabric, left in a 
natural cotton color, or dyed with a deep blue or black natural 
dyes. The wrap is heavily decorated with embroidery of colorful 
yarns along bottom hem and may be trimmed in a geometric-shaped 
machine-made fabric applique. The wrap also has fringes on two ends. 
Size measures approximately 1 x 1.5 meters.
(e) Touareg Trousers: Loose-fitting men's trousers made of solid-
colored machine-made fabric. Garments have side-seam pockets and are 
embroidered along the bottom cuff and/or down side-seam.
(f) Ladies Wodabe Embroidered Shirt and Wrap Skirt: Straight-seamed, 
sleeveless shirt and accompanying wrap skirt, it is made of machine-
made shiny cotton fabric, embellished with embroidery down the 
center front and bottom hem of wrap skirt.
(g) Fulani Wodabe Traditional Dress: This garment is made of hand-
woven strips of fabric hand-sewn together left in a natural cotton 
color, or dyed black using natural dyes. The entire garment is 
embellished with embroidery in white, orange, green and yellow 
thread, and may have leather tassels and sea shells attached to 
sleeves or bottom hem. Edges may be trimmed with a geometric-shaped 
machine-made fabric applique. The garment comes in various lengths.
    1. Men's traditional dress: Garment has a neck hole and drapes 
on the front and the back to approximately mid-thigh, sides open, 
and has a body armor-type appearance.
    2. Women's traditional shirt and wrap skirt: Garment is 
straight-seamed, sleeveless shirt with a U-shaped neckline, 
extending down to the waistline. Garment may come with matching wrap 
skirt.

ANNEX B: Nigerien Ethnic Printed Fabrics
Each ethnic print 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 5208.52.40 \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.
    E) 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
    F) printed, including waxed, in one or more eligible sub-Saharan 
beneficiary countries
[FR Doc. E6-21991 Filed 12-22-06; 8:45 am]
BILLING CODE 3510-DS-S