[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Notices]
[Page 56382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19476]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-07]


Commercial Availability of Fabric and Yarns in AGOA Countries: 
Certain Denim

AGENCY: United States International Trade Commission.

ACTION: Notice of determination.

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    Determination: Based on the information developed in the subject 
investigation, the United States International Trade Commission 
determines, pursuant to section 112(c)(2)(B)(ii) of the African Growth 
and Opportunity Act (AGOA),\1\ (1) that denim fabric \2\ produced in 
beneficiary sub-Saharan African (SSA) countries will be available in 
commercial quantities during the period October 1, 2007-September 30, 
2008 (fiscal year 2008) for use by lesser developed beneficiary (LDB) 
SSA countries in the production of apparel articles receiving U.S. 
preferential treatment, and (2) that the quantity of such denim fabric 
that will be so available during fiscal year 2008 is 21,303,613 square 
meter equivalents.\3\
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    \1\ 19 U.S.C. 3721(c)(2)(B)(ii).
    \2\ Denim articles provided for in subheading 5209.42.00 of the 
Harmonized Tariff Schedule. See section 112(c)(2)(C) of AGOA, 19 
U.S.C. 3721(c)(2)(C).
    \3\ Commissioner Dean A. Pinkert determines that the quantity 
that will be so available during fiscal year 2008 is within a range 
from 21,303,613 smes to 25,017,171 smes.
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    Background: Section 112(c)(2)(A) of AGOA requires the Commission, 
following receipt of a petition, to determine whether a fabric or yarn 
is available in commercial quantities for use by LDB SSA countries, and 
if the Commission makes an affirmative determination, section 
112(c)(2)(B)(i) of AGOA requires the Commission to determine the 
quantity of such fabric or yarn that will be so available in the 
following fiscal year. Section 112(c)(2)(B)(ii) of AGOA requires the 
Commission to make similar determinations for the following year and 
each year thereafter through 2012 with respect to whether the fabric or 
yarn will be available in commercial quantities and the quantity so 
available. Section 112(c)(2)(B)(iii) of AGOA requires the Commission to 
determine, after the end of each year for which an availability 
determination was made, the extent to which the fabric or yarn 
determined to be available in commercial quantities for use in LDB SSA 
countries was used in the production of apparel articles receiving U.S. 
preferential treatment. Section 112(c)(2)(C) of AGOA deemed denim 
fabric to be available in commercial quantities in the amount of 30 
million square meter equivalents (smes) during fiscal year 2007, as if 
the Commission had made an affirmative determination in response to a 
petition.
    The determinations that the Commission has made here are made under 
section 112(c)(2)(B)(ii) of AGOA and concern whether the subject denim 
fabric will be available in commercial quantities during fiscal year 
2008, and the quantity that will be so available.
    Notice of the institution of the Commission's investigation and of 
the scheduling of a public hearing in connection therewith was given by 
posting a copy of the notice on the Commission's Web site 
(www.usitc.gov) and by publishing the notice in the Federal Register of 
April 9, 2007 (72 F.R. 17578). The hearing was held on June 5, 2007, in 
Washington, DC; all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The views of the Commission are contained in USITC Publication 3950 
(September 2007), entitled Commercial Availability of Fabric and Yarns 
in AGOA Countries: Certain Denim.

    By order of the Commission.

    Issued: September 25, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-19476 Filed 10-2-07; 8:45 am]
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