April 3, 2007
News Release 07-037
Inv. No. AGOA-07
Contact: Peg O'Laughlin, 202-205-1819


The U.S. International Trade Commission (ITC or Commission) has announced the procedures it will follow and released an interim rule in connection with the investigations it is required to conduct by an amendment to the African Growth and Opportunity Act (AGOA) enacted last year.

In 2007, the Commission will conduct its new activities as Investigation No. AGOA-07, Commercial Availability of Fabrics and Yarns in AGOA Countries.

The amendment requires the Commission, upon receipt of a petition, to determine whether a fabric or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities for use in lesser developed beneficiary sub-Saharan African countries, and if so, to determine the quantity available in the next 1-year period beginning October 1. The amendment also requires the Commission to make similar determinations in following years and also to determine whether the quantity of fabric or yarn found to be available was used in the production of apparel articles that received duty-free treatment on importation into the United States. The statute authorizes the President to terminate U.S. duty free treatment for apparel articles when the fabric or yarn found to be available is not used in the production of such apparel.

In its interim rule published on February 27, 2007, the Commission announced that it would make a determination by September 25, 2007, with respect to any petition filed with the Commission on or before March 28, 2007, and accepted on or before April 11, 2007. As of the date of this release, no petitions had been filed.

In addition, the statute deemed certain denim articles produced in beneficiary sub-Saharan African countries to be available in commercial quantities and established the quantity available for the 1-year period beginning October 1, 2006. As a result, the Commission will be required to determine whether such denim will be available in commercial quantities during the succeeding 1-year period, and if so, in what amount. The Commission expects to announce this determination by September 25, 2007.

Further information about the scope of the investigation and the Commission's procedures for 2007 is available in the Commission's Federal Register notice dated April 3, 2007, which may be obtained from the ITC website (www.usitc.gov).

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