[Federal Register: December 3, 2007 (Volume 72, Number 231)]
[Notices]               
[Page 67961-67962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de07-94]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-002]

 
Denim Fabric: Use in AGOA Countries During Fiscal Year 2007

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of hearing; change 
in numbering format for AGOA reports.

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SUMMARY: Pursuant to section 112(c)(2)(B)(iii) of the African Growth 
and Opportunity Act (AGOA) (19 U.S.C. 3721(c)(2)(B)(iii)), the 
Commission has instituted investigation No. AGOA-002, Denim Fabric: Use 
in AGOA Countries During Fiscal Year 2007, for the purpose of gathering 
information and making the determination required concerning the extent 
to which denim fabric deemed to be available in commercial quantities 
during fiscal year 2007 for use by lesser developed beneficiary (LDB) 
sub-Saharan African (SSA) countries was used in the production of 
apparel articles receiving preferential treatment during fiscal year 
2007.

DATES: December 3, 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.
    July 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 leaders Justino de la Cruz 
(202-205-3252 or justino.delacruz@usitc.gov) or Dawn Heuschel (202-205-
2577 or dawn.heuschel@usitc.gov) 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 william.gearhart@usitc.gov). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or margaret.olaughlin@usitc.gov). 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(c) of the African Growth and Opportunity Act 
(AGOA) (19 U.S.C. 3721(c)), included in Public Law 109-432. The 
amendments require the Commission to make certain determinations 
relating to the commercial availability of regional fabric or yarn for 
use in LDB SSA

[[Page 67962]]

countries in apparel articles receiving U.S. preferential treatment 
under AGOA, and also require the Commission to make determinations with 
regard to the extent that the quantity of fabric or yarn determined to 
be so available was so used. Section 112(c)(2)(C) of AGOA deemed denim 
fabric provided for in subheading 5209.42.00 of the Harmonized Tariff 
Schedule of the United States to be available in the amount of 30 
million square meter equivalents for such purposes during the period 
October 1, 2006-September 30, 2007 (fiscal year 2007). Section 
112(c)(2)(B)(iii) of AGOA now requires the Commission to determine the 
extent to which the denim fabric deemed to be available during fiscal 
year 2007 was used in the production of apparel articles receiving 
preferential treatment under AGOA that were entered during fiscal year 
2007. The Commission expects to transmit its determination and report 
to the President and the U.S. Trade Representative on or before July 1, 
2008.
    The Commission has also re-designated the recently completed 
investigation No. AGOA-07-001, Commercial Availability of Fabric & 
Yarns in AGOA Countries: Certain Denim, as investigation No. AGOA-001, 
Commission Publication 3950, September 2007. This change was made 
principally for the purpose of facilitating docketing and public 
searches through the Commission's EDIS system.
    The Commission will institute a separate investigation in the near 
future for the purpose of gathering information and making 
determinations concerning whether such denim fabric will be available 
in commercial quantities during fiscal year 2009 for use in LDB SSA 
countries in the production of apparel articles receiving preferential 
treatment under AGOA, and if so, the quantity that will be available. 
This investigation will be designated as investigation No. AGOA-003. 
The Commission made similar determinations with respect to availability 
during fiscal year 2008 in recently completed investigation No. AGOA-
001.
    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-003, the 
Commission will hold a consolidated hearing for both investigations. 
Requests to appear at the public hearing should be filed with the 
Secretary, no later than 5:15 p.m., March 18, 2008, in 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: November 28, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-23356 Filed 11-30-07; 8:45 am]

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