[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Page 46033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18117]


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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: Notice of determination.

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    Determination: Based on the information developed in the subject 
investigation, the United States International Trade Commission, 
pursuant to section 112(c)(2)(B)(ii) of the African Growth and 
Opportunity Act (AGOA),\1\ determines that (1) denim fabric \2\ 
produced in beneficiary sub-Saharan African (SSA) countries will be 
available in commercial quantities during the period October 1, 2008 
through September 30, 2009 (fiscal year 2009) \3\ for use by lesser 
developed beneficiary (LDB) SSA countries in the production of apparel 
articles receiving U.S. preferential treatment, and (2) the quantity of 
such denim fabric that will be so available during fiscal year 2009 is 
18,260,400 square meters equivalent.\4\
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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\ Congress defined the term ``fiscal year'' to mean the period 
October 1 through September 30.
    \4\ Commissioner Dean A. Pinkert determines that the quantity 
that will be so available during fiscal year 2009 is within a range 
from 19,054,860 to 20,515,692 SMEs.
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    Background: Section 112(c)(2)(B)(ii) of AGOA requires the 
Commission, in each year through 2012 after it has made an affirmative 
determination under section 112(c)(2)(A), to determine whether, during 
the next fiscal year, the fabric or yarn that is the subject of that 
affirmative determination will be available in commercial quantities 
for use by LDB SSA countries in the production of apparel articles 
receiving U.S. preferential treatment, and if so, the quantity that 
will be available. In the case of denim fabric, Congress, in section 
112(c)(2)(C) of AGOA, deemed denim fabric to be available in commercial 
quantities in the amount of 30 million square meters equivalent (SMEs) 
during fiscal year 2007, as if the Commission had made an affirmative 
determination under section 112(c)(2)(A) of AGOA.
    The determinations that the Commission made in this investigation 
are with respect to whether the subject denim fabric will be available 
in commercial quantities for such use during fiscal year 2009, and, if 
so, the quantity that will be so available. This is the second such set 
of determinations that the Commission has made under section 
112(c)(2)(B)(ii) with respect to the subject denim fabric. In September 
2007, the Commission, in investigation No. AGOA-001, determined that 
the subject denim fabric will be available in commercial quantities for 
such use during fiscal year 2008, and that the quantity that will be 
available is 21,303,613 SMEs.\5\
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    \5\ In AGOA-001, Commissioner Dean A. Pinkert determined that 
the quantity that would be available in fiscal year 2008 was within 
a range from 21,303,613 to 25,017,171 SMEs.
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    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 12, 2007 (72 FR 70609). 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 4027 
(August 2009), entitled Denim Fabric: Commercial Availability in AGOA 
Countries During Fiscal Year 2009.

    By order of the Commission.

    Issued: August 1, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-18117 Filed 8-6-08; 8:45 am]
BILLING CODE 7020-02-P