CSMS Message: 02-001219

DATE: 09/17/2002

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS

SUBJECT: TBT-02-029 SHORT SUPPLY DESIGNATION UNDER AFRICAN GROWTH AND
OPPORTUNITY ACT (AGOA)

REF: TBT-01-008: AGOA IMPLEMENTATION INSTRUCTIONS
TBT-01-004-01: DESCRIPTIVE INFORMATION REGARDING
SHORT SUPPLY FABRICS

BACKGROUND:

THE TRADE AND DEVELOPMENT ACT OF 2000, WHICH WAS SIGNED INTO LAW ON
MAY 18, 2000, AUTHORIZED A NEW TRADE AND INVESTMENT POLICY FOR
SUB-SAHARAN AFRICA UNDER THE AGOA. THIS TRADE PROGRAM ALLOWS FOR
PREFERENTIAL TARIFF TREATMENT WHEN APPAREL ARTICLES ARE BOTH CUT (OR
KNIT-TO-SHAPE) AND SEWN OR OTHERWISE ASSEMBLED IN ONE OR MORE
BENEFICIARY COUNTRIES FROM FABRICS OR YARNS NOT FORMED IN THE
IN THE UNITED STATES OR IN ONE OR MORE SUCH BENEFICIARY COUNTRIES
AND NOT WIDELY AVAILABLE IN COMMERCIAL QUANTITIES, I.E. SHORT SUPPLY.

IN EXECUTIVE ORDER 13191, THE PRESIDENT AUTHORIZED THE COMMITTEE FOR
THE IMPLEMENTATION OF TEXTILE AGREEMENTS (CITA) TO DETERMINE WHETHER
PARTICULAR FABRICS OR YEARNS CANNOT BE SUPPLIED BY THE DOMESTIC
INDUSTRY IN COMMERCIAL QUANTITIES IN A TIMELY MANNER. ON FEBRUARY 28,
2002, CITA RECEIVED A REQUEST ALLEGING THAT CERTAIN FABRICS, LISTED
BELOW, FOR USE IN TROUSERS, SHORTS, SKIRTS, DRESSES, HANDKERCHIEFS
DRESSING GOWNS, BOXER SHORTS, AND OTHER APPAREL, CANNOT BE SUPPLIED
BY THE DOMESTIC INDUSTRY IN COMMERCIAL QUANTITIES IN A TIMELY MANNER
UNDER THE AGOA AND REQUESTING THAT APPAREL ARTICLES FROM SUCH FABRICS
BE ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT UNDER THE AGOA.

BASED UPON INFORMATION AND ADVICE RECEIVED, AND ITS UNDERSTANDING OF
THE INDUSTRY, CITA DETERMINED THAT THE FABRICS SET FORTH IN THE REQUEST
CANNOT BE SUPPLIED BY THE DOMESTIC INDUSTRY IN COMMERCIAL QUANTITIES
IN A TIMELY MANNER. ON JUNE 14, 2002, CITA AND THE OFFICE OF THE UNITED
STATES TRADE REPRESENTATIVE SUBMITTED A REPORT TO THE CONGRESSIONAL
COMMITTEES THAT SET FORTH THE ACTION PROPOSED, THE REASONS FOR SUCH
ACTIONS, AND ADVICE OBTAINED. A PERIOD OF 60 CALENDAR DAYS SINCE THIS
REPORT WAS SUBMITTED HAS EXPIRED, AS REQUIRED BY THE AGOA.

IN A SEPTEMBER 5, 2002 FEDERAL REGISTER NOTICE (67 FR 56806), CITA
DESIGNATED AS ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER SUBHEADING
9819.11.24 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
(HTSUS), THE APPAREL ARTICLES LISTED BELOW THAT ARE BOTH CUT AND
SEWN OR OHERWISE ASSEMBLED IN ONE OR MORE ELIGIBLE AGOA BENEFICIARY
COUNTRIES FROM THE FABRICS SET FORTH BELOW NOT FORMED IN THE
UNITED STATES, PROVIDED THAT ALL OTHER FABRICS ARE WHOLLY FORMED
IN THE UNITED STATES FROM YARNS WHOLLY FORMED IN THE UNITED STATES.
IN ORDER TO QUALIFY, ARTICLES MUST BE IMPORTED DIRECTLY INTO THE
CUSTOMS TERRITORY OF THE UNITED STATES FROM AN ELIGIBLE AGOA
BENEFICIARY COUNTRY.

FABRICS NAMED IN THE REQUEST:

(A) FABRICS OF SUBHEADINGS 5208.21, 5208.22, 5208.29, 5208.31, 5208.32,
5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52 OR 5208.59, OF
AVERAGE YARN NUMBER EXCEEDING 135 METRIC

(B) FABRICS OF SUBHEADINGS 5513.11 OR 5513.21, NOT OF SQUARE
CONSTRUCTION, CONTAINING MORE THAN 75 WRAP ENDS AND
FILLING PICKS PER SQUARE CENTIMETER, OF AVERAGE YARN NUMBER
EXCEEDING 135 METRIC

(C) FABRICS OF SUBHEADINGS 5210.21 OR 5210.31, NOT OF SQUARE
CONSTRUCTION, CONTAINING MORE THAN 70 WRAP ENDS AND FILLING
PICKS PER SQUARE CENTIMETER, OF AVERAGE YARN NUMBER EXCEEDING
135 METRIC

(D) FABRICS OF SUBHEADINGS 5208.22 OR 5208.32, NOT OF SQUARE
CONSTRUCTION, CONTAINING MORE THAN 75 WRAP ENDS AND FILLINGS
PICKS PER SQUARE CENTIMETER, OF AVARAGE YARN NUMBER EXCEEDING
135 METRIC

(E) FABRICS OF SUBHEADINGS 5407.81, 5407.82 OR 5407.83, WEIGHING LESS
THAN 170 GRAMS PER SQUARE METER, HAVING A DOBBY WEAVE CREATED BY
A DOBBY ATTACHMENT, OF AVERAGE YARN NUMBER EXCEEDING 135 METRIC

(F) FABRICS OF SUBHEADINGS 5208.42 OR 5208.49, NOT OF SQUARE
CONSTRUCTION, CONTAINING MORE THAN 85 WRAP ENDS AND FILLING
FILLING PICKS PER SQUARE CENTIMETER, OF AVERAGE YARN NUMBER
NUMBER EXCEEDING 85 METRIC, OR EXCEEDING 135 METRIC IF THE
FABRIC IS OF OXFORD CONSTRUCTION (A MODIFIED BASKET WEAVE WITH
A LARGE FILLING YARN HAVING NO TWIST WOVEN UNDER AND OVER TWO
SINGLE, TWISTED WARP YARNS)

(G) FABRICS OF SUBHEADING 5208.51, OF SQUARE CONSTRUCTION, CONTAINING
MORE THAN 75 WRAP ENDS AND FILLING PICKS PER SQUARE CENTIMETER,
MADE WITH SINGLE YARNS, OF AVERAGE YARN NUMBER 95 OR GREATER
METRIC

(H) FABRICS OF SUBHEADING 5208.41, OF SQUARE CONSTRUCTION, WITH A
GINGHAM PATTERN, CONTAINING MORE THAN 85 WRAP ENDS AND FILLING
PICKS PER SQUARE CENTIMETER, MADE WITH SINGLE YARNS, OF AVERAGE
YARN NUMBER 135 OR GREATER METRIC, AND CHARACTERIZED BY A CHECK
EFFECT PRODUCED BY THE VARIATION IN COLOR OF THE YARNS IN
THE WRAP AND FILLING

(I) FABRICS OF SUBHEADING 5208.41, WITH THE WARP COLORED WITH
VEGATABLES DYES, AND THE FILLING YARNS WHITE OR COLORED WITH
WITH VEGETABLE DYES, OF AVERAGE YARN NUMBER GREATER THAN
THAN 65 METRIC

APPAREL ARTICLES NAMED IN THE REQUEST:

A) TROUSERS OF SUBHEADINGS 6203.19, 6203.22, 6204.12, 6204.22, 6204.52,
6204.52, 6204.62, 6211.32, 6211.42, 6217.90

B) SHORTS OF SUBHEADINGS 6203.19, 6203.22, 6204.12, 6204.22, 6204.52,
6204.52, 6204.62, 6211.32, 6211.42, 6217.90

C) SKIRTS OF SUBHEADINGS 6204.12, 6204.22, 6204.52

D) DRESSES OF SUBHEADING 6204.42

E) HANDKERCHIEFS OF SUBHEADING 6213.20

F) DRESSING GOWNS OF SUBHEADING 6208.91

G) BOXER SHORTS OF SUBHEADINGS 6207.11, 6207.91, 6208.19, 6208.91), AND

H) OTHER APPAREL OF SUBHEADINGS 6201.92, 6203.22, 6203.42, 6204.12,
6204.22, 6204.62, 6211.32, AND 6211.42

ACTION:

EFFECTIVE AUGUST 29, 2002, CLAIMS FOR SHORT SUPPLY UNDER 9819.11.24 OF
THE HTSUS MAY BE ACCEPTED, PROVIDED THAT APPAREL ARTICLES LISTED ABOVE
ARE BOTH CUT AND SEWN OR OTHERWISE ASSEMBLED IN ONE OR MORE ELIGIBLE
AGOA BENEFICIARY COUNTRIES, FROM A FABRIC SET FORTH ABOVE NOT FORMED
IN THE UNITED STATES, PROVIDED THAT ALL OTHER FABRICS ARE WHOLLY
FORMED IN THE UNITED STATES FROM YARNS WHOLLY FORMED IN THE UNITED
STATES.

PLEASE PASS THIS MEMORANDUM TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, NATIONAL IMPORT SPECIALISTS, IMPORT SPECIALISTS, INSPECTORS
ENTRY OFFICERS, BROKERS AND IMPORTERS.

INFORMATION:

IF YOU HAVE ANY QUESTIONS CONCERNING THIS ADMINISTRATIVE NOTICE,
PLEASE CALL MS. SUSAN THOMAS, AT (202) 927-3719 OR MR. ROBERT ABELS,
AT (202) 927-1959.

(JANET L. LABUDA SIGNED FOR)

ELIZABETH G. DURANT

CC: ACTING EXECUTIVE DIRECTOR, FIELD OPERATIONS