[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70609-70610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24017]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-003]


Denim Fabric: Commercial Availability in AGOA Countries During 
Fiscal Year 2009

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of hearing.

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SUMMARY: Pursuant to section 112(c)(2)(B)(ii) of the African Growth and 
Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(ii)), the Commission 
has instituted investigation No. AGOA-003, Denim Fabric: Commercial 
Availability in AGOA Countries During Fiscal Year 2009, for the purpose 
of gathering information and making the determinations required 
concerning whether certain denim fabric will be available in commercial 
quantities during fiscal year 2009 for use by lesser developed 
beneficiary (LDB) sub-Saharan African (SSA) countries in the production 
of apparel articles receiving preferential treatment under AGOA, and if 
so, the quantity that will be available.

DATES: December 5, 2007: Institution of investigation.
    March 18, 2008: Deadline for filing request to appear at the public 
hearing.
    March 21, 2008: Deadline for filing pre-hearing briefs and 
statements.
    April 9, 2008: Public hearing.
    April 23, 2008: Deadline for filing post-hearing briefs and 
statements.
    April 28, 2008: Deadline for filing all other written submissions.
    August 1, 2008: Transmittal of Commission report to the President 
and U.S. Trade Representative.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street, SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Project leader Kimberlie Freund (202-
708-5402 or [email protected]) or deputy project leader Andrea 
Boron (202-205-3433 or [email protected]) for information specific 
to this investigation. For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or [email protected]). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or [email protected]). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000.
    Background: On December 20, 2006, the President signed into law 
amendments to section 112 of the African Growth and Opportunity Act 
(AGOA) (19 U.S.C. 3721), included in Public Law 109-432. Section 
112(c)(2)(A)-(B)(i) of the amended statute requires the Commission to 
determine, following receipt of a petition, whether regional SSA fabric 
or yarn is available in commercial quantities for use in LDB SSA 
countries in the production of apparel articles receiving U.S. 
preferential treatment, and, if so, the quantity of fabric or yarn that 
will be so available in the following fiscal year (October 1-September 
30). Once a fabric or yarn has been determined to be so available, 
section 112(c)(2)(B)(ii) of AGOA requires the Commission, in each 
subsequent year through fiscal year 2012, to determine whether such 
fabric or yarn will be so available in the following fiscal year, and 
if so, the quantity that will be available in that following fiscal 
year.
    Section 112(c)(2)(C) of AGOA deemed denim articles provided for in 
subheading 5209.42.00 of the Harmonized Tariff Schedule of the United 
States to be available in commercial quantities in the amount of 30 
million square meter equivalents during the period October 1, 2006-
September 30, 2007 (fiscal year 2007) as if a petition had been filed 
and the Commission had made an affirmative determination and determined 
such denim fabric to be available in that quantity. In September 2007, 
the Commission determined, pursuant to section 112(c)(2)(B)(ii), that 
such denim fabric will be available in commercial quantities during 
fiscal year 2008, and will be available in the amount of 21,303,613 
square meter equivalents. The Commission transmitted its determination 
and report in that investigation to the President on September 25, 2007 
(Commission investigation No. AGOA-07-001, now re-designated as 
investigation No. AGOA-001, Commercial Availability of Fabric & Yarns 
in AGOA Countries: Certain Denim, Commission Publication 3950, 
September 2007).
    The Commission is required, before the end of fiscal year 2008, to 
make determinations concerning whether certain denim fabric will be so 
available during fiscal year 2009 and, if so, the quantity that will be 
available. The Commission has instituted investigation No. AGOA-003 for 
the purpose of gathering the information necessary to make these 
determinations. The Commission expects to transmit its determinations 
and report in this investigation to the President and the U.S. Trade 
Representative on or before August 1, 2008.
    It should be noted that the Commission is currently conducting a 
separate investigation, investigation No. AGOA-002, to determine the 
extent to which the denim fabric deemed to be available during fiscal 
year 2007 for use in LDB SSA countries in the production of apparel 
articles receiving U.S. preferential treatment was so used. As 
indicated below, the Commission will hold a consolidated public hearing 
for both investigations.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street, SW, Washington, DC, beginning at 9:30 a.m. on 
April 9, 2008. To facilitate attendance at the hearing by parties also 
interested in attending the hearing in investigation No. AGOA-002, the 
Commission will hold a consolidated hearing for both investigations. 
Requests to appear at the public hearing should be filed with the 
Secretary not later than 5:15 p.m., March 18, 2008, in

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accordance with the requirements in the ``Submissions'' section below. 
All pre-hearing briefs and statements should be filed not later than 
5:15 p.m., March 21, 2008; and all post-hearing briefs and statements 
should be filed not later than 5:15 p.m., April 23, 2008. In the event 
that, as of the close of business on March 18, 2008, no witnesses are 
scheduled to appear at the hearing, the hearing will be canceled. Any 
person interested in attending the hearing as an observer or 
nonparticipant may call the Secretary to the Commission (202-205-2000) 
after March 18, 2008, for information concerning whether the hearing 
will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to submit written 
statements concerning this investigation. All written submissions 
should be addressed to the Secretary. All written submissions (except 
for requests to appear at the hearing and pre- and post-hearing briefs 
and statements with earlier due dates) should be received not later 
than 5:15 p.m., April 28, 2008. All written submissions must conform 
with the provisions of section 201.8 of the Commission's Rules of 
Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a 
signed original (or a copy so designated) and fourteen (14) copies of 
each document be filed. In the event that confidential treatment of a 
document is requested, at least four (4) additional copies must be 
filed, in which the confidential information must be deleted (see the 
following paragraph for further information regarding confidential 
business information). The Commission's rules authorize filing 
submissions with the Secretary by facsimile or electronic means only to 
the extent permitted by section 201.8 of the rules (see Handbook for 
Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the President and the U.S. Trade Representative. After 
transmitting its report, the Commission intends to publish a public 
version of its report, with any confidential business information 
deleted. Any confidential business information received by the 
Commission in this investigation and used in preparing this report will 
not be published in the public version of the report in a manner that 
would reveal the operations of the firm supplying the information.

    By order of the Commission.

    Issued: December 6, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-24017 Filed 12-11-07; 8:45 am]
BILLING CODE 7020-02-P