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**INSTRUCTION BOOKLET FOR**

**U.S. IMPORTERS' QUESTIONNAIRE**

**APPAREL MADE FROM SUBJECT DENIM FROM BENEFICIARY SUB-SAHARAN AFRICAN
COUNTRIES**

**GENERAL INFORMATION, INSTRUCTIONS, AND**

**DEFINITIONS**

**Investigation Nos. AGOA-002 and AGOA-003**

*[Further information]{.underline}.‑‑* Contact Dawn Heuschel
(202-205-2577; <dawn.heuschel@usitc.gov> or Justino De La Cruz
(202-205-3252; <justino.delacruz@usitc.gov>) of the Commission's Office
of Industries and Economics, respectively.

For additional copies of this form, you may contact Dawn Heuschel or
Justino De La Cruz, use photocopies of this form, or download a copy
from the Commission's website at
<http://www.usitc.gov/ind_econ_ana/research_ana/denim.htm>.
Hearing-impaired persons can obtain information on this matter by
contacting the Commission's TDD terminal on 001 202-205-1810.

**GENERAL INFORMATION**

***Background***.\--On December 20, 2006, the President signed into law
amendments to section 112 of the African Growth and Opportunity Act (19
U.S.C. 3721) (AGOA), included in Public Law 109-432, that require the
Commission to make certain determinations relating to the commercial
availability of regional fabric or yarn for use in lesser developed
beneficiary sub-Saharan African countries, and the use of such fabric
that is determined to be available. Number range CHAPTERSection
112(c)(2)(C) of AGOA deemed denim articles provided for in subheading
5209.42.00 of the Harmonized Tariff Schedule of the United States to be
available in commercial quantities in the amount of 30 million square
meter equivalents during the period October 1, 2006 - September 30, 2007
(fiscal year 2007). In September 2007, the Commission determined,
pursuant to section 112(c)(2)(B)(ii), that such denim fabric will be
available in commercial quantities during fiscal year 2008, and will be
available in the amount of 21,303,613 square meter equivalents. The
Commission transmitted its determination and report in that
investigation to the President on September 25, 2007 (Commission
investigation No. AGOA-07-001, now re-designated as investigation No.
AGOA-001, *Commercial Availability of Fabric & Yarns in AGOA Countries:
Certain Denim*, Commission Publication 3950, September 2007), available
at
[*http://hotdocs.usitc.gov/docs/pubs/agoa/pub3950.pdf*](http://hotdocs.usitc.gov/docs/pubs/agoa/pub3950.pdf).

Number range CHAPTERSection 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 into the United States during fiscal year 2007. The Commission
is also required to make determinations concerning whether the subject
denim fabric will be available during fiscal year 2009 and, if so, the
quantity that will be commercially available.

***Due date of questionnaire***.---Return the completed questionnaire to
the United States

International Trade Commission by no later than **March 28, 2008.**

***Confidentiality***.---The commercial and financial data furnished in
response to this questionnaire that reveal the individual operations of
your firm will be treated as confidential business information by the
Commission to the extent that such data are not otherwise available to
the public; such data will not be published in a manner that will reveal
the individual operations of your firm and will not be disclosed except
as may be required by law. Section 332(g) of the Tariff Act of 1930
provides that the Commission may not release information that qualifies
as confidential business information (under Commission Rule 201.6 (19
CFR \' 201.6)) unless the party submitting the confidential business
information had notice, at the time of submission, that such information
would be released by the Commission, or such party subsequently consents
to the release of the information. The Commission may include some or
all of the confidential business information submitted in the course of
these investigations in the report it sends to the U.S. Trade
Representative (USTR) and the President. Information submitted in this
questionnaire response and throughout these investigations may be used
by the Commission, its employees, and contract personnel who are acting
in the capacity of Commission employees, for developing or maintaining
the records of this investigation or related proceedings for which this
information is submitted, or in internal audits and investigations
relating to the programs and operations of the Commission pursuant to 5
U.S.C. Appendix 3.

Following transmittal of its report to the USTR and the President, the
Commission intends to prepare a public version of its report. Any
confidential business information received by the

Commission in this investigation and used in preparing the confidential
version of the report will not be published in the public version in a
manner that would reveal the operations of the firm supplying the
information. Data your firm submits in response to the Commission=s
inquiry may be aggregated with data submitted by other firms, but such
aggregated data will not be published in a manner that would reveal the
individual operations of your firm.

Further information on this part of the questionnaire can be obtained
from Dawn Heuschel (202-205-2577,
[dawn.heuschel@usitc.gov](mailto:joshua.levy@usitc.gov)) or Justino De
La Cruz (202-205-3252), <justino.delacruz@usitc.gov>.

**INSTRUCTIONS**

***Verification***.---The information submitted in the enclosed
questionnaire is subject to verification and follow-up by the Commission
staff. To facilitate possible verification of data, please keep all
supporting documents used in the preparation of the questionnaire
response.

***Answer all questions***.---Do not leave any question or section
blank. If the answer to any question is "none," write "none," or is "not
applicable," write "NA." If information is not readily available from
your records in exactly the form requested, please provide estimates.
Answers to questions and any necessary comments or explanations should
be supplied in the space provided.

***Filing instructions***.---Questionnaires may be filed either in paper
form or electronically.

**OPTIONS FOR FILING IN PAPER FORM**

**• Overnight mail service**.---Mail to the following address:

**United States International Trade Commission**

**Office of Economics**

**Suite 602**

**500 E Street, SW**

**Washington, DC 20436**

**• Fax**.---Fax to 202.205.2150.

**• U.S. mail**.---Mail to the address above. *This option is not
recommended. U.S. mail sent to government offices undergoes additional
processing to screen for hazardous materials; this additional processing
results in substantial delays in delivery.*

**OPTIONS FOR FILING ELECTRONICALLY**

> This questionnaire is available in "fillable" MS Word form format on
> the Commission's website at www.usitc.gov. You may complete the
> questionnaire electronically, print it out, and submit it in paper
> form as described above, or you may submit it electronically through
> one of the following means:

**• Compact disc (CD)**.---Copy your questionnaire onto a CD, include a
signed certification page (page 1) (either in paper form or scanned PDF
copied onto CD), and mail to the address above. *It is strongly
recommended that you use an **overnight mail service**. U.S. mail sent
to government offices undergoes additional processing which not only
results in substantial delays in delivery but may also damage CDs.*

**• E-mail**.---E-mail your questionnaire to one of the project leaders
identified on page 1 of the Instruction Booklet; include in the e-mail
subject line: CBI Questionnaire, **INV. NO. AGOA-002**. *Please note
that submitting your questionnaire by e-mail may subject your firm's
confidential business information to transmission over an unsecure
environment and to possible disclosure. If you choose this option, the
Commission warns you that any risk involving possible disclosure of such
information is assumed by the submitter and not by the Commission.*

> Note: If you choose to submit this questionnaire electronically,
> please also include a scanned PDF of the signed certification page
> (page 1). Your questionnaire will not be accepted into the record
> without a signed certification page.

**DEFINITIONS**

***[Subject Denim]{.underline}***.‑‑The denim fabric subject to this
investigation is classified in subheading 5209.42.00 of the Harmonized
Tariff Schedule of the United States (HTSUS) (2007) (Rev. 1). The
subject denim is made of a woven fabric containing 85 percent or more by
weight of cotton, and is known as a bottom weight fabric weighing more
than 200 grams per square meter. It is constructed of a 3-thread or
4-thread twill, including broken twill[^1], weave. The fabric is woven
of yarns of different colors and is warp-faced, meaning the warp yarns
or those yarns that run vertically in the construction of a fabric, make
up the appearance of the outside of the fabric. The warp yarns are all
the same color and the filling yarns (those yarns that run horizontally
in a woven fabric) may be unbleached, bleached, dyed gray, or dyed a
lighter shade of color than the warp yarns. Thus the color of the warp
yarns predominate the color of the fabric; blue denim is blue because
the warp yarns are dyed blue. Twill woven fabric is characterized by the
appearance of a diagonal line running from the bottom left to the top
right of the fabric or vice versa.

***[Subject Denim Apparel]{.underline}***.---Ready to wear apparel made
of the subject denim fabric, as defined above.

***[Firm]{.underline}***.‑‑An individual proprietorship, partnership,
joint venture, association, corporation (including any subsidiary
corporation), business trust, cooperative, trustee in bankruptcy, or
receiver under decree of any court.

***[Related firm]{.underline}***.‑‑A firm that your firm solely or
jointly owned, managed, or otherwise controlled; a firm that solely or
jointly owned, managed, or otherwise controlled your firm; and/or a firm
that was solely or jointly owned, managed, or otherwise controlled by a
firm that also solely or jointly owned, managed, or otherwise controlled
your firm.

***[Establishment]{.underline}***.‑‑Each facility of a firm involved in
the production, importation, and/or purchase of subject denim or subject
denim apparel (as defined above), including auxiliary facilities
operated in conjunction with (whether or not physically separate from)
such facilities.

***[AGOA beneficiary countries]{.underline}***.---Benin, Botswana,
Burkina Faso, Cameroon, Cape Verde, Chad, Ethiopia, Ghana, Kenya,
Lesotho, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia,
Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Swaziland,
Tanzania, Uganda, and Zambia.

***[Lesser developed AGOA beneficiary countries (LDB AGOA
countries)]{.underline}***.---Benin, Botswana, Burkina Faso, Cameroon,
Cape Verde, Chad, Ethiopia, Ghana, Kenya, Lesotho, Madagascar, Malawi,
Mali, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra
Leone, Swaziland, Tanzania, Uganda, and Zambia.

***[Importer]{.underline}***.‑‑Any person or firm engaged, either
directly or through a parent company or subsidiary, in importing subject
denim or subject denim apparel (as defined above) from a foreign
manufacturer or through its selling agent.

***[Imports]{.underline}***.‑‑Those products identified for Customs
purposes as [imports for consumption]{.underline} for which your firm
was the importer of record (i.e., was responsible for paying any import
duty) or consignee (i.e., to which the merchandise was first delivered).

***[Import quantities]{.underline}***.‑‑Quantities reported should be
net of returns.

[^1]: A 3-thread or 4-thread, warp-faced, twill weave is constructed by
    two warp yarns (for a 3-thread twill) and three warp yarns (for a
    4-thread twill) passing over one filling yarn and progressing by one
    to the right or the left, thus creating the diagonal line prevalent
    in denim fabric. A broken twill is a type of twill fabric
    characterized by a zig-zag effect, such as herringbone, where the
    diagonal line does not run the entire length of the fabric.