[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10239-10241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03806]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-589]


African Growth and Opportunity Act (AGOA); Program Usage, Trends, 
and Sectoral Highlights

AGENCY: International Trade Commission.

ACTION: Notice of investigation and scheduling of a public hearing.

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SUMMARY: Following receipt on January 19, 2022, of a request from the 
Committee on Ways and Means of the U.S. House of Representatives 
(Committee), under section 332(g) of the Tariff Act of 1930, the U.S. 
International Trade Commission (Commission) instituted Investigation 
No. 332-589, African Growth and Opportunity Act (AGOA): Program Usage, 
Trends, and Sectoral Highlights. The Committee requested that the 
Commission conduct an investigation and provide a report on the AGOA 
program in general and its usage, and also provide industry case 
studies to better understand the relative competitiveness of each 
sector and its impact on workers, economic development, and poverty 
reduction.

DATES: 
May 25, 2022: Deadline for filing requests to appear at the public 
hearing.
May 27, 2022: Deadline for filing prehearing briefs and statements.
June 1, 2022: Deadline for filing electronic copies of oral hearing 
statements.
June 9, 2022: Public hearing.
June 16, 2022: Deadline for filing post-hearing briefs and statements.
October 27, 2022: Deadline for filing all other written submissions.
March 17, 2023: Transmittal of Commission report to the USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the U.S. International Trade Commission Building, 
500 E Street SW, Washington, DC. All written submissions should be 
addressed to the Secretary, U.S. 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 https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Project Leader Amelia Shister 
([email protected] or 202-205-2047) or Deputy Project Leaders 
Karen Thome ([email protected] or 202-205-2070) and Samuel Goodman 
([email protected] or 202-205-3464) 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 ([email protected] or 202-205-3091). The 
media should contact Jennifer Andberg, Office of External Relations 
([email protected] or 202-205-1819). 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 website 
(https://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

    As requested by the Committee under section 332(g) of the Tariff 
Act of 1930 (19 U.S.C. 1332(g)), the Commission will include the 
following in its report:
    1. An overview of the AGOA program and its use, which should 
include, to the extent practicable:
    a. A description of the program, including eligibility 
requirements, rules of origin, and scope of product coverage, including 
products not eligible for duty-free treatment under AGOA;
    b. An overview of U.S. imports from AGOA eligible countries to the 
United States, highlighting the top exporting countries and top primary 
and value-added products, and separately identifying imports entered 
under AGOA, imports entering under an AGOA-eligible tariff line where 
no preference was claimed, and imports of non-AGOA eligible goods;
    c. Identification of countries and sectors where AGOA utilization 
rates are, respectively, high and low, and broad factors that explain 
this; and
    d. A qualitative examination, including a review of the available 
literature, of the role that AGOA has played in regional integration, 
and the extent to which AGOA has impacted workers and underserved 
communities, and contributed to economic development--including job 
growth and poverty reduction--in SSA countries.
    2. Case studies for the following industries, to the extent 
practicable:
    a. Cotton
    i. An overview of the cotton industry in AGOA beneficiary 
countries, identifying top AGOA producers and trends in production, 
consumption, and exports, and including a discussion of how the sector 
contributes to employment, economic development, and poverty reduction;
    ii. A qualitative analysis of the competitive strengths and 
weaknesses of production and exports of cotton in SSA countries; and
    iii. An examination of the use of SSA-grown cotton in the AGOA or 
SSA apparel supply chain.
    b. Apparel
    i. An overview of the apparel industry in AGOA beneficiary 
countries, identifying top AGOA producers and trends in production, 
consumption, and exports, and including a discussion of how the sector 
contributes to employment, economic development, and poverty reduction;
    ii. A qualitative analysis of the competitive strengths and 
weaknesses of production and exports of apparel in SSA countries;
    iii. Explanation of AGOA's additional apparel eligibility 
requirements and the effect of the loss and recovery of AGOA 
beneficiary status on the apparel industry;
    iv. A description of the AGOA rules of origin for apparel and an 
examination of the relationship between the rules and production and 
exports to the United States; and
    v. An examination of the degree of regional integration in the 
apparel supply chain in AGOA countries and, to the extent available, 
information regarding the country of origin of inputs, such as fabrics, 
yarns, fibers, and trims.
    c. Certain Chemicals
    i. An overview of the chemicals industry in AGOA beneficiary 
countries, identifying top AGOA producers and trends in production, 
consumption, and exports, and including a discussion of how the sector 
contributes to employment, economic development, and poverty reduction;
    ii. A qualitative analysis of the competitive strengths and 
weaknesses of production and exports of certain chemical products in 
SSA countries; and
    iii. An examination of the relationship between AGOA preferences 
and SSA exports of certain chemicals to the U.S. market.
    d. Cocoa
    i. An overview of the cocoa industry, including growing operations 
and processing, in AGOA beneficiary countries, identifying top AGOA 
producers and trends in production, consumption, and exports, and 
including a discussion of how the sector contributes to employment, 
economic development, and poverty reduction;
    ii. A qualitative analysis of the competitive strengths and 
weaknesses of production and exports of cocoa in SSA countries; and

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    iii. An examination of the relationship between AGOA preferences 
and SSA exports of cocoa and cocoa-related products to the U.S. market.
    The Committee requested that the Commission transmit its report no 
later than 14 months following receipt of this request. In its request 
letter, the Committee stated that it intends to make the Commission's 
report available to the public in its entirety and asked that the 
Commission not include any confidential business information.

Public Hearing

    A public hearing in connection with this investigation will be held 
beginning at 9:30 a.m. on June 9, 2022. Information about how to 
participate in the hearing, including whether it will be virtual, will 
be posted on the Commission's website no later than May 2, 2022, at 
https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. 
Once on that web page, scroll down to Investigation No. 332-589, 
African Growth and Opportunity Act (AGOA): Program Usage, Trends, and 
Sectoral Highlights, and click on the link to ``Hearing Information.'' 
Interested parties should check the Commission's website periodically 
for updates.
    Requests to appear at the public hearing should be filed with the 
Secretary no later than 5:15 p.m., May 25, 2022, in accordance with the 
requirements in the ``Written Submissions'' section below. All 
prehearing briefs and statements should be filed not later than 5:15 
p.m., May 27, 2022. To facilitate the hearing, including the 
preparation of an accurate written transcript of the hearing, oral 
testimony to be presented at the hearing must be submitted to the 
Commission electronically no later than noon, June 1, 2022. All post-
hearing briefs and statements should be filed no later than 5:15 p.m., 
June 16, 2022. Post-hearing briefs and statements should address 
matters raised at the hearing. For a description of the different types 
of written briefs and statements, see the ``Definitions'' section 
below.
    In the event that, as of the close of business on May 25, 2022, 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 should check the Commission website at the location 
listed two paragraphs above 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 file written submissions concerning 
this investigation. All written submissions should be addressed to the 
Secretary and should be received not later than the date specified in 
this notice. All written submissions must conform to the provisions of 
section 201.8 of the Commission's Rules of Practice and Procedure (19 
CFR 201.8), as temporarily amended by 85 FR 15798 (March 19, 2020). 
Under that rule waiver, the Office of the Secretary will accept only 
electronic filings at this time. Filings must be made through the 
Commission's Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of 
any electronic filings will be accepted until further notice. Persons 
with questions regarding electronic filing should contact the Office of 
the Secretary, Docket Services Division (202-205-1802), or consult the 
Commission's Handbook on Filing Procedures.

Definitions of Types of Documents That May Be Filed; Requirements

    In addition to requests to appear at the hearing, this notice 
provides for the possible filing of four types of documents: Prehearing 
briefs, oral hearing statements, post-hearing briefs, and other written 
submissions.
    (1) Prehearing briefs refers to written materials relevant to the 
investigation and submitted in advance of the hearing, and includes 
written views on matters that are the subject of the investigation, 
supporting materials, and any other written materials that you consider 
will help the Commission in understanding your views. You should file a 
prehearing brief particularly if you plan to testify at the hearing on 
behalf of an industry group, company, or other organization, and wish 
to provide detailed views or information that will support or 
supplement your testimony.
    (2) Oral hearing statements (testimony) refers to the actual oral 
statement that you intend to present at the public hearing. Do not 
include any confidential business information in that statement. If you 
plan to testify, you must file a copy of your oral statement by the 
date specified in this notice. This statement will allow Commissioners 
to understand your position in advance of the hearing and will also 
assist the court reporter in preparing an accurate transcript of the 
hearing (e.g., names spelled correctly).
    (3) Post-hearing briefs refers to submissions filed after the 
hearing by persons who appeared at the hearing. Such briefs: (a) Should 
be limited to matters that arose during the hearing, (b) should respond 
to any Commissioner and staff questions addressed to you at the 
hearing, (c) should clarify, amplify, or correct any statements you 
made at the hearing, and (d) may, at your option, address or rebut 
statements made by other participants in the hearing.
    (4) Other written submissions refers to any other written 
submissions that interested persons wish to make, regardless of whether 
they appeared at the hearing, and may include new information or 
updates of information previously provided.
    There is no standard format that a brief or other written 
submission must follow. However, each such document must identify on 
its cover (1) the type of document filed (i.e., prehearing brief, oral 
statement of (name), post-hearing brief, or written submission), (2) 
the name of the person or organization filing it, and (3) whether it 
contains confidential business information (CBI). If it contains CBI, 
it must comply with the marking and other requirements set out below in 
this notice relating to CBI. Submitters of written documents (other 
than oral hearing statements) are encouraged to include a short summary 
of their position or interest at the beginning of the document, and a 
table of contents when the document addresses multiple issues.

Confidential Business Information

    Any submissions that contain confidential business information must 
also conform to 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 
is clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    As requested by the Committee, the Commission will not include any 
confidential business information in its report. However, all 
information, including confidential business information, submitted in 
this investigation may be disclosed to and used: (i) By the Commission, 
its employees and Offices, and contract personnel (a) for developing or 
maintaining the records of this or a related proceeding, or (b) in 
internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of the Commission including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government

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employees and contract personnel for cybersecurity purposes. The 
Commission will not otherwise disclose any confidential business 
information in a way that would reveal the operations of the firm 
supplying the information.

Summaries of Written Submissions

    Persons wishing to have a summary of their position included in the 
report that the Commission sends to the Committee should include a 
summary with their written submission and should mark the summary as 
having been provided for that purpose. The summary should be clearly 
marked as ``summary for inclusion in the report'' at the top of the 
page. The summary may not exceed 500 words, should be in MS Word format 
or a format that can be easily converted to MS Word, and should not 
include any confidential business information. The summary will be 
published as provided if it meets these requirements and is germane to 
the subject matter of the investigation. The Commission will list the 
name of the organization furnishing the summary and will include a link 
to the Commission's Electronic Document Information System (EDIS) where 
the full written submission can be found.

    By order of the Commission.

    Issued: February 16, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-03806 Filed 2-22-22; 8:45 am]
BILLING CODE 7020-02-P