[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36749-36750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14364]


=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination Under the African Growth and Opportunity Act

AGENCY: Committee for the Implementation of Textile Agreements.

ACTION: Directive to the Commissioner of U.S. Customs and Border 
Protection

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

SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain textile and apparel goods from Benin 
shall be treated as ``folklore articles'' and ``ethnic printed 
fabrics'' and qualify for preferential treatment under the African 
Growth and Opportunity Act (``AGOA''). Imports of eligible products 
from Benin with an appropriate visa will qualify for duty-free 
treatment.

DATES: As of June 14, 2013.

FOR FURTHER INFORMATION CONTACT: Don Niewiaroski, Jr., International 
Trade Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2496.

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) as amended by Section 7(c) of the AGOA 
Acceleration Act of 2004 (Pub. L. 108-274) (``AGOA Acceleration 
Act'') (19 U.S.C. 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 handloomed, handmade, folklore 
articles, or ethnic printed fabrics. See 66 FR 7271, 7271-72 (January 
22, 2001) and 70 FR 37959, 37961 & 63 (June 30, 2005).
    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. See 66 FR 7837 (January 25, 2001). The first digit 
of the visa number corresponds to one of the 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 consulted with Benin authorities on November 7, 2012, January 
3, 2013, April 11, 2013, and May 29, 2013 and has determined that 
folklore articles described in Annex A and ethnic printed fabrics 
described in Annex B, if produced in and exported from Benin, are 
eligible for preferential tariff treatment under section 112(a) of the 
AGOA, as amended. After further consultations with Benin authorities, 
CITA may determine that additional textile and apparel goods shall be 
treated as handloomed, handmade, folklore articles or ethnic printed 
fabrics. In the letter published below, CITA directs the Commissioner 
of U.S. 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''.

Kim Glas,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

June 11, 2013.
Commissioner, U.S. Customs and Border Protection, Department of 
Homeland Security, 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. 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. 3721(a) and 
(b)(6)), Executive Order No. 13191 of January 17, 2001, and 
Presidential Proclamation 7912 of June 29, 2005, has determined, as 
of June 14, 2013, that the following articles shall be treated as 
handloomed, handmade, folklore articles, or ethnic printed fabrics 
under the AGOA: (a) folklore articles described in Annex A to this 
letter and (b) ethnic printed fabrics described in Annex B, if made 
in Benin. 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 Benin 
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 Benin authorities, CITA may determine that 
additional textile and apparel goods shall be treated as for 
handmade, handloomed, folklore articles, or ethnic printed fabrics.

Sincerely,
Kim Glas
Chairman, Committee for the Implementation of Textile Agreements

Annex A: Benin 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 Benin. Articles must be ornamented in 
characteristic Benin 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 
velcro(copyright) or similar holding fabric). An article may not 
incorporate patterns that are not traditional or historical to 
Benin, such as airplanes, buses, cowboys, or cartoon characters and 
may not incorporate designs referencing holidays or festivals not 
common to traditional Benin culture, such as Halloween and 
Thanksgiving. Eligible folklore articles:
    (a) Bomba: Made of cotton and/or synthetic fibers. Hand-woven on 
manually operated looms then hand or machine stitched. There

[[Page 36750]]

are also fringes on the end of the sleeves and the bottom of the 
shirt. The shirt extends beyond the waist, has a pocket, an open 
neck that stays closed, and the sleeves extend a little past the 
elbow; the embroidery is around the neck, down the neck opening to 
the chest, and on top of the pocket. The pants are baggy and have no 
embroidery. The pattern of the ensemble is houndstooth and the 
colors are variable, white, and black.
    (b) Barmassou (Daunchiki): Made of cotton and/or synthetic 
fibers. Bands are hand-woven in manually operated looms then machine 
stitched together to form a wider substrate. This is a three piece 
garment for men--hat, loose fitting outer garment that extends from 
the thorax to the knees, and baggy pants. Patterns can vary but are 
usually plain weave. Colors are usually white and sometimes black 
and white.
    (c) Boubou (Batik Peulh or Aizo): Made of cotton textile 
amassed, hand or machine assembled and hand dyed with repetitive 
patterns. This is a one piece dress for women--it is loose fitting 
with sleeves going to or a little past the elbow and the bottom of 
the garment going slightly past the knees. The edges of the sleeves 
and the bottom usually have fringes. Patterns and colors vary.
    (d) Daunchiki: Made of cotton and/or synthetic fibers. Bands are 
hand-woven in manually operated looms then machine stitched together 
to form a wider substrate. This is a three piece garment for men--
hat, loose fitting outer garment that extends from the thorax to the 
knees, and baggy pants with a cord that acts as a belt. Patterns are 
stripes of ``fakle issile''. Colors are usually white and sometimes 
black and white.
    (e) King's hat (Daa zaa): Made of cotton. This is a cap for men. 
It is cylindrical in shape. It has various patterns and designs and 
colors
    (f) Peulh: Made of cotton from manually operated loom. This is a 
one piece dress/robe for women--it is loose fitting with sleeves 
ending at the shoulder and the bottom of the dress/robe going to the 
mid-shin level. This dress also has a slight v-neck. The v-neck can 
be closed at the top with a loop and bottom. Colors and patterns 
vary.
    (g) Tako: Made of cotton bands hand-woven in manually operated 
looms then hand and/or machined stitched together to form a wider 
substrate. This is a three piece garment for men--hat, loose fitting 
outer garment which extends from the thorax to the feet, and baggy 
pants. Patterns are a mix of guinea fowl and bakoko. Comes in 
various colors, usually with vertical strips.
    (h) Tako (Grand Baubou): Made of cotton bands hand-woven in 
manually operated looms then hand and/or machined stitched together 
to form a wider substrate. This is a three piece garment for men--
hat, loose fitting outer garment which extends from the thorax to 
the feet, and baggy pants. The pattern varies and is usually plain 
weave. The colors are typically white, black and white.
    (i) Tchanka (Cavaliers Pants): Made of cotton fabric hand-woven 
operated on looms by hand and machine stitched. The colors vary and 
the pattern is houndstooth then gbangbana. It is a loose fitting 
pants for men, consisting of baggy from the waist to approximately 
the knees and then tighter after the knees to the ankles.
    (j) Wanwolovo: Made of mix of cotton and synthetic fibers. It is 
hand-woven from a manually operated loom to form a chain of 
patterns. This is a three piece garment for women--this consists of 
a wrap that goes around the body above the breast area and under the 
arms going down to below the knees; another wrap hangs over one 
shoulder; the last wrap is wrapped around the head. It has a chain 
of patterns. These wraps can have fringes on the ends. Colors are 
blue, red, white but colors can vary.

Annex B: Benin 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.
---------------------------------------------------------------------------

    \1\ printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing more than 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 more than 100g/m2 but not more than 200g/m2, of 
yarn numbers 43-68.
---------------------------------------------------------------------------

    (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. 2013-14364 Filed 6-18-13; 8:45 am]
BILLING CODE 3510-DS-P