[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Page 39718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15718]


-----------------------------------------------------------------------

 INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-002]


Denim Fabric: Use in AGOA Countries During Fiscal Year 2007

AGENCY: United States International Trade Commission.

ACTION: Notice of determination.

-----------------------------------------------------------------------

    Determination: Based on the information developed in the subject 
investigation, the United States International Trade Commission 
determines, pursuant to section 112(c)(2)(B)(iii) of the African Growth 
and Opportunity Act (AGOA),\1\ that the quantity of denim fabric \2\ 
produced in beneficiary sub-Saharan African (SSA) countries for use by 
lesser-developed beneficiary (LDB) SSA countries that was used in the 
production of apparel articles receiving U.S. preferential treatment 
during the period October 1, 2006-September 30, 2007 (fiscal year 2007) 
was 21,120,000 square meter equivalents (SMEs).
---------------------------------------------------------------------------

    \1\ 19 U.S.C. 3721(c)(2)(B)(iii).
    \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).
---------------------------------------------------------------------------

    Background: Section 112(c)(2)(B)(iii) of AGOA requires the 
Commission to determine, after the end of each year for which an 
availability determination is in effect, 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 preferential treatment. To the extent that the quantity so 
determined was not so used, section 112(c)(2)(B)(iii) requires the 
Commission to add to the quantity of that fabric or yarn determined to 
be available in the next applicable 1-year period the quantity not so 
used in the preceding applicable 1-year period. Congress, in section 
112(c)(2)(C) of AGOA, deemed the subject denim fabric to be available 
in commercial quantities for use in LDB SSA countries in the amount of 
30 million SMEs during fiscal year 2007, as if the Commission had made 
such a determination.
    Having determined that the quantity of subject denim fabric used in 
the production of apparel articles receiving preferential treatment 
during fiscal year 2007 (21,120,000 SMEs) was less than the 30 million 
SMEs deemed to be available by statute for that year, the Commission 
has added the shortfall of 8,880,000 SMEs to the quantity of subject 
denim fabric that it previously determined will be so available during 
fiscal year 2008 (21,303,613 SMEs).\3\ The adjusted quantity of subject 
denim fabric that will be so available during fiscal year 2008 is 
30,183,613 SMEs.
---------------------------------------------------------------------------

    \3\ See the Commission's determination in investigation No. 
AGOA-001, Commercial Availability of Fabric & Yarn in AGOA 
Countries: Certain Denim, Publication 3950 (Sept. 2007) at 1; 72 FR 
56382 (Oct. 3, 2007).
---------------------------------------------------------------------------

    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 (http://www.usitc.gov) and by publishing the notice in the Federal Register of 
December 3, 2007 (72 FR 67961). The hearing was held on April 9, 2008, 
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 No. 
4021 entitled Denim Fabric: Use in AGOA Countries During Fiscal Year 
2007.

    By order of the Commission.

    Issued: July 7, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-15718 Filed 7-10-08; 8:45 am]
BILLING CODE 7020-02-P