[Federal Register: March 1, 2005 (Volume 70, Number 39)]
[Notices]               
[Page 9929-9930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr05-46]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Limitations of Duty- and Quota-Free Imports of Apparel Articles 
Assembled in Mauritius From Third-Country Fabric

February 25, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Publishing the New 12-Month sub-Cap on Duty- and Quota-Free 
Benefits for Mauritius.

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EFFECTIVE DATE: October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Title I, Section 112(b)(3) of the Trade and 
Development Act of 2000, as amended by Section 3108 of the Trade Act 
of 2002 and Section 7(b)(2) of the AGOA Acceleration Act of 2004; 
Presidential Proclamation 7350 of October 4, 2000 (65 FR 59321); 
Presidential Proclamation 7626 of November 13, 2002 (67 FR 69459); 
Section 2004(k) of the Miscellaneous Trade and Technical Act of 
2004.
    Section 2004(k) of the Miscellaneous Trade and Technical Act of 
2004 provides that, for the one-year period beginning on October 1, 
2004, the term ``lesser developed beneficiary sub-Saharan African 
country'' includes Mauritius. Further, it establishes a separate 
limitation for Mauritius within the quantitative limitation applicable 
to apparel of third-country fabric.
    Title I of the Trade and Development Act of 2000 (TDA 2000) 
provides for duty- and quota-free treatment for certain textile and 
apparel articles imported from designated beneficiary sub-Saharan 
African countries. Section 112(b)(3) of TDA 2000 provides duty- and 
quota-free treatment for apparel articles wholly assembled in one or 
more beneficiary sub-Saharan African countries from fabric wholly 
formed in one or more beneficiary countries from yarn originating in 
the U.S. or one or more beneficiary countries. This preferential 
treatment is also available for apparel articles assembled in one or 
more lesser-developed beneficiary sub-Saharan African countries, 
regardless of the country of origin of the fabric used to make such 
articles. This special rule for lesser-developed countries applies 
through September 30, 2004. TDA 2000 imposed a quantitative limitation 
on imports eligible for preferential treatment under these two 
provisions.
    The Trade Act of 2002 amended TDA 2000 to extend preferential 
treatment to apparel assembled in a beneficiary sub-Saharan African 
country from components knit-to-shape in a beneficiary country from 
U.S. or beneficiary country yarns and to apparel formed on seamless 
knitting machines in a beneficiary country from U.S. or beneficiary 
country yarns, subject to the quantitative limitation. The Trade Act of 
2002 also increased the quantitative limitation but provided that this 
increase would not apply to apparel imported under the special rule for 
lesser-developed countries. Section 7(b)(2)(B) of the AGOA Acceleration 
Act extended the expiration of the quantitative limitations. It also 
further amended the percentages to be used in calculating the 
quantitative limitations for each twelve-month period, beginning on 
October 1, 2003. Section 2004(k) of the Miscellaneous Trade and 
Technical Act of 2004 provides that, for the one-year period beginning 
on October 1, 2004, the term ``lesser developed beneficiary sub-Saharan 
African country'' includes Mauritius. Further, it establishes a 
separate limitation for Mauritius within the quantitative limitation 
applicable to apparel imported under the special rule for lesser-
developed countries.
    The AGOA Acceleration Act of 2004 provides that the quantitative 
limitation for the twelve-month period beginning October 1, 2004 will 
be an amount not to exceed 5.31025 percent of the aggregate square 
meter equivalents of all apparel articles imported into the United 
States in the preceding 12-month period for which data are available. 
See Section 112(b)(3)(A)(ii)(I) of TDA 2000, as amended by Section 
7(b)(2)(B) of the AGOA Acceleration Act. Of this overall amount, 
apparel imported under the special rule for lesser-developed countries 
is limited to an amount not to exceed 2.6428 percent of apparel 
imported into the United States in the preceding 12-month period. See 
Section 112(b)(3)(B)(ii)(II) of TDA 2000, as amended by Section 
7(b)(2)(B) of the AGOA Acceleration Act. The Miscellaneous Trade and 
Technical Act of 2004 provides that, of the amount established for 
apparel imported under the special rule for lesser-developed countries, 
the amount applicable to Mauritius is five percent. See Section 2004(k) 
of the Miscellaneous Trade and Technical Act of 2004. The United States 
Trade Representative has implemented the applicable conforming 
modification to the Harmonized Tariff Schedule. See Notice of Change to 
U.S. Note 2(d) to Subchapter XIX of Chapter 98 of the Harmonized Tariff 
Schedule of the United States, 70 Fed. Reg. 9125 (Feb. 24, 2005). For 
the purpose of this notice, the most recent 12-month period for which 
data are available is the 12-month period ending July 31, 2004.
    Presidential Proclamation 7350 directed CITA to publish the 
aggregate quantity of imports allowed during each 12-month period in 
the Federal Register. See 65 FR 59321 (October 4, 2000). Presidential 
Proclamation 7626 modified the aggregate quantity of imports allowed 
during each 12-month period. See 67 FR 69459 (November 18, 2002).
    CITA previously published the aggregate quantities of imports 
allowed for the period October 1, 2004 through September 30, 2005. See 
69 FR 56747 (September 22, 2004). For the one-year period, beginning on 
October 1, 2004, and extending through September 30, 2005, the 
aggregate quantity of imports eligible for preferential treatment under 
these provisions is 1,076,876,652 square meters equivalent. Of this 
amount, 535,938,914 square meters equivalent is available to apparel 
imported under the special rule for lesser-developed countries. Of the 
amount available to apparel imported under the special rule for lesser-
developed countries, 26,796,946 square meters equivalent is available 
to such apparel imported from Mauritius. Apparel articles entered in 
excess of these quantities will be subject to otherwise applicable 
tariffs.
    These quantities are calculated using the aggregate square meter 
equivalents of all apparel articles imported into the United States, 
derived from the set of Harmonized System lines listed in the Annex to 
the World Trade Organization Agreement on Textiles and Clothing (ATC), 
and the conversion factors for units of measure into square meter

[[Page 9930]]

equivalents used by the United States in implementing the ATC.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-4019 Filed 2-28-05; 8:45 am]