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[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]               
[Page 40774-40775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy10-24]                         

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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.

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

DATES: Effective Date: July 14, 2010.

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) (``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. Sec. Sec.  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 Burkina Faso authorities on June 8, 2010 and 
has determined that folklore articles described in Annex A and ethnic 
printed fabrics described in Annex B, if produced in and exported from 
Burkina Faso, are eligible for preferential tariff treatment under 
section 112(a) of the AGOA, as amended. After further consultations 
with Burkina Faso 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

July 7, 2010.

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. No. 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. Sec. Sec.  3721(a) and (b)(6)), 
Executive Order No. 13191 of January 17, 2001, and Presidential 
Proclamation 7912 of June 29, 2005, has determined, effective on July 
14, 2010, 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 Burkina Faso. 
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 Burkina Faso 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 Burkina 
Faso 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: Burkina Faso 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 Burkina Faso. Articles must be ornamented in 
characteristic Burkina

[[Page 40775]]

Faso 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 Burkina Faso, such as airplanes, buses, cowboys, or 
cartoon characters and may not incorporate designs referencing holidays 
or festivals not common to traditional Burkina Faso culture, such as 
Halloween and Thanksgiving.
    Eligible folklore articles:
    (a) Bala: Made of cotton fabric strips woven and assembled by hand; 
embroidered by machine. The colors vary but embroidery is usually 
white. It is a loose fitting garment for men, consisting of a tunic, 
which is three-quarters length, embroidered with sleeves, the neckline 
is a slit down the center, surrounded by embroidery; and a cap, which 
is cylindrical and fitted.
    (b) Djiwa: Made of cotton fabric strips woven by hand with 
embroidery cotton floss. Patterns and colors of the fabrics vary as 
well as the embroidery. This men's garment is loose-fitting and 
consists of four pieces: 1) an inner tunic gown, three-quarter length, 
usually with intricate embroidery around the neckline, chest, pockets 
and end of sleeves; 2) trousers, loose fitting and secured at the waist 
by a drawstring, embroidery at the end of the trousers; 3) an outer 
gown, loose fitting, embroidery along the neckline, chest, waist and on 
the back; and 4) a matching cap which is cylindrical and fitted.
    (c) Dozo Fani: Made of cotton fabric strips woven by hand, dyed 
with natural dyes (bogolan) and assembled by hand. The patterns consist 
of animals, dogon ideograms, or diverse geometrical forms. The colors 
are brown, black, yellow and red exclusively. This is a loose fitting, 
one-piece garment for men, open on both sides with no sleeves.
    (d) Bougouni: Made of cotton fabric strips woven and assembled by 
hand. This is a loose fitting garment for men and women, open on both 
sides, with or without straps attaching the sides. It is white, black 
or indigo and patterned in strips of cloth with a hound's-tooth pattern 
in the middle.
ANNEX B: Burkina Faso 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.
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    \1\ Printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing over 100g/m2 but not more than 200g/m2, of yarn 
number 42 or lower.
    \2\ Printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing over 100g/m2 but not more than 200g/m2, of yarn 
numbers 43-68.
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    (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. 2010-17179 Filed 7-13-10; 8:45 am]
BILLING CODE 3510-DS-P
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