Determination Under the African Growth and Opportunity Act, 43397-43400 [E5-4004]

Download as PDF Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices research permit No. 1254 submitted by Dynegy Northeast Generation, Inc. (Martin W. Daley, Principal Investigator), Regulatory & Administrative Services, 992–994 River Road, Newburgh, New York, 12550, has been granted. ADDRESSES: The modification and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289, fax (301) 427–2521; and Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930–2298; phone (978)281–9328; fax (978)281–9394. FOR FURTHER INFORMATION CONTACT: Shane Guan and Patrick Opay (301)713– 2289. SUPPLEMENTARY INFORMATION: The requested modification has been granted under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the provisions of § 222.306 of the regulations governing the taking, importing, and exporting of endangered and threatened fish and wildlife (50 CFR 222–226). Dynegy Northeast Generation, Inc. is authorized to capture, handle, measure, externally tag, and release 95 juvenile and adult shortnose sturgeon (Acipenser brevirostrum) and to collect 40 shortnose sturgeon larvae annually in the Hudson River between the estuary and River mile 152. The objectives of the study are to describe the patterns and variability of environmental parameters that may affect fish distribution and abundance of 16 selected species of fish, including shortnose sturgeon, in the Hudson River Estuary and provide information on length frequency where applicable. This modification will extend the permit through August 31, 2006. Issuance of this modification, as required by the ESA was based on a finding that such permit: (1) Was applied for in good faith; (2) will not operate to the disadvantage of any endangered or threatened species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: July 21, 2005. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–14877 Filed 7–26–05; 8:45 am] BILLING CODE 3510–22–S VerDate jul<14>2003 19:40 Jul 26, 2005 Jkt 205001 COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Extension of Period of Determination on Request for Textile and Apparel Safeguard Action on Imports from China July 25, 2005. The Committee for the Implementation of Textile Agreements (the Committee) ACTION: Notice AGENCY: SUMMARY: The Committee is extending through July 31, 2005, the period for making a determination on whether to request consultations with China regarding imports of men’s and boys’ wool trousers (Category 447). FOR FURTHER INFORMATION CONTACT: Jay Dowling, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-4058. SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agriculture Act of 1956, as amended; Executive Order 11651, as amended. BACKGROUND: On November 12, 2004, the Committee received a request from the American Manufacturing Trade Action Coalition, the National Council of Textile Organizations, the National Textile Association, SEAMS and UNITE HERE requesting that the Committee limit imports from China of men’s and boys’ wool trousers (Category 447) due to the threat of market disruption. The Committee determined this request provided the information necessary for the Committee to consider the request and solicited public comments for a period of 30 days. See Solicitation of Public Comment on Request for Textile and Apparel Action on Imports from China, 69 FR 71781 (Dec. 10, 2004). On December 30, 2004, the Court of International Trade preliminarily enjoined the Committee from considering or taking any further action on this request and any other requests ‘‘that are based on the threat of market disruption’’. U.S. Association of Importers of Textiles and Apparel v. United States, 350 F. Supp. 2d 1342 (CIT 2004). On April 27, 2005 the Court of Appeals for the Federal Circuit granted the U.S. government’s motion for a stay and reversed that injunction. U.S. Association of Importers of Textiles and Apparel v. United States, Ct. No. 05-1209, 2005 U.S. App. LEXIS 12751 (Fed. Cir. June 28, 2005). Thus, CITA resumed consideration of this case. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 43397 The public comment period for this request had not yet closed when the injunction took effect on December 30, 2004. The number of calendar days remaining in the public comment period beginning with and including December 30, 2004 was 12 days. On May 9, 2005, therefore, the Committee published a notice in the Federal Register reopening the comment period and inviting public comments to be received not later than May 23, 2005. See Rescheduling of Consideration of Request for Textile and Apparel Safeguard Action on Imports from China and Solicitations of Public Comments, 70 FR 24397 (May 9, 2005). The Committee’s Procedures, 68 FR 27787 (May 21, 2003) state that the Committee will make a determination within 60 calendar days of the close of the public comment period as to whether the United States will request consultations with China. If the Committee is unable to make a determination within 60 calendar days, it will cause to be published a notice in the Federal Register, including the date by which it will make a determination. The 60 day determination period for the threat case expired on July 22, 2005. However, the Committee is unable to make a determination at this time; it is continuing to evaluate conditions in the U.S. market for men’s and boys’ wool trousers and information obtained from public comments on the case. The Committee is therefore extending the determination period to July 31, 2005. The Committee may, at its discretion, make such determination prior to July 31, 2005. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc.05–14953 Filed 7–25–05; 1:37 pm] BILLING CODE 3510–DS–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the African Growth and Opportunity Act July 21, 2005. Committee for the Implementation of Textile Agreements (CITA) ACTION: Directive to the Commissioner of Customs and Border Protection. AGENCY: SUMMARY: The Committee for the Implementation of Textile Agreements (CITA) has determined that certain textile and apparel goods from Nigeria shall be treated as ‘‘handloomed, handmade, folklore articles, or ethnic E:\FR\FM\27JYN1.SGM 27JYN1 43398 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices printed fabrics’’ and qualify for preferential treatment under the African Growth and Opportunity Act. Imports of eligible products from Nigeria with an appropriate visa will qualify for dutyfree treatment. EFFECTIVE DATE: August 1, 2005. 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: 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. § 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 subSaharan African countries, including hand-loomed, 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 products made in the beneficiary subSaharan African countries that may be eligible for the preferential treatment describes 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 hand-loomed, handmade, folklore articles, or ethnic printed fabrics. (66 FR at 7271-72 and 70 FR at 37961 & 63). 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 (66 FR 7837). The first digit of the visa number corresponds to one of nine groupings of textile and apparel products that are eligible for preferential tariff treatment. Grouping ‘‘9’’ is reserved for handmade, hand-loomed, folklore articles, or ethnic printed fabrics. CITA has consulted with Nigerian authorities and has determined that VerDate jul<14>2003 19:40 Jul 26, 2005 Jkt 205001 hand-loomed fabrics, hand-loomed articles (e.g., hand-loomed rugs, scarves, place mats, and tablecloths), handmade articles made from hand-loomed fabrics, the folklore articles described in Annex A, and ethnic printed fabrics described in Annex B to this notice, if produced in and exported from Nigeria, are eligible for preferential tariff treatment under section 112(a) of the AGOA, as amended. In the letter published below, CITA directs the Commissioner of 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’’. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements July 21, 2005. Commissioner, Bureau of Customs and Border Protection, 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. § 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 August 1, 2005, that the following articles shall be treated as ‘‘handloomed, handmade, folklore articles, or ethnic printed fabrics’’ under the AGOA: (a) handloomed fabrics, handloomed articles (e.g., handloomed rugs, scarves, placemats, and tablecloths), and hand-made articles made from handloomed fabrics, if made in Nigeria from fabric handloomed in Nigeria; (b) the folklore articles described in Annex A if made in Nigeria; and (c) ethnic printed fabrics described in Annex B. 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 Nigeria 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 Nigerian authorities, CITA may determine that additional textile and apparel goods shall be treated as folklore articles. Sincerely, James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. Attachment ANNEX A: Nigerian Folklore Products PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 CITA has determined that the following textile and apparel goods shall be treated as folklore articles for purposes of the AGOA if made in Nigeria. Articles must be ornamented in characteristic Nigerian or regional folk style. An article may not include modern features such as zippers, elastic, elasticized fabrics, snaps, or hookand-pile fasteners (such as velcro or similar holding fabric). An article may not incorporate patterns that are not traditional or historical to Nigeria, such as airplanes, buses, cowboys, or cartoon characters and may not incorporate designs referencing holidays or festivals not common to traditional Nigerian culture, such as Halloween and Thanksgiving. Eligible folklore articles: (a) Kaftan:This loose fitting two-piece set contains an ankle length pullover outer tunic and matching trousers. The outer tunic has long sleeves, pockets along the side seam, and side vents at the bottom. It has a round neckline with a slit down the center front. If embroidered, it is along the neckline and sleeves. The trousers are secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may contain side seam pockets. This garment can be made from fabric of any weight. (b) Senegalese: This loose fitting two-piece set contains an ankle length pullover outer tunic garment and matching trousers. The outer tunic has long sleeves, pockets along the side seam, and side vents at the bottom. It usually has a round neckline with a slit down the center front, although necklines may vary and may be embroidered. If embroidered, it is usually along the neckline, front opening and sleeves. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. The garment is usually made from dyed material or guinea brocade. (c) Buba and Sokoto: This loose fitting, twopiece set contains a pullover upper garment and matching trousers. The three-quarter length upper garment has sleeves extending just below the elbow, side vents at the bottom, and may have patch pockets. It has a round neckline with a slit down the center front. The Buba is usually undecorated, but if embroidered, it is usually along the back shoulder and front chest. It has a round, slotted neckline. The Sokoto are trousers that are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. This garment can be made from fabric of any weight. (d) Kenbe: This loose fitting, two-piece set contains a pullover upper garment and matching trousers. The three-quarter length upper garment has half or three-quarter length sleeves, with side vents at the bottom. The trousers are three-quarter length and are secured at the waist by a drawstring. (e) Dansiki: This loose fitting two-piece set contains a pullover upper garment and matching trousers. The three-quarter length upper garment is sleeveless, or has short sleeves, and may have patch pockets. Its round neckline may be intricately E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices embroidered. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. The garment is frequently made from dyed materials or African prints. (f) Gbariye: This two-piece, heavily embroidered, three-quarter length ceremonial set contains a pullover upper garment and matching trousers, made of heavy handloomed fabric. The cap sleeved upper garment is heavily embroidered and darted or pleated (i.e. sewn in the form of a pyramid that is wider at the bottom than at the shoulder). This enables the upper garment spin freely during dance ceremonies. The trousers are secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may contain side seam pockets. The set may be heavily embroidered, usually along the neck, chest and ankle. (g) Isiagu or Chieftaincy: This one-piece pullover, three-quarter length garment, worn for special occasions, may have short or long sleeves and may come with golden buttons linked together by a chain that adorn the slotted neck opening. The garment contains pleats or darts on the front, below the shoulder, and has a front patch pocket. (h) Agbada: This is a three-piece set includes the ‘‘Agbada’’ ‘‘Buba’’, and ‘‘Sokoto’’. The Agbada is an oversized outer pullover garment and is usually loose flowing, extending to below the knee or ankle. The embroidery work is on both the back and front sides. The side seams open from the shoulder to bottom hem. The Buba, the inner, pullover garment may have varying length sleeves. The slotted neck may have buttons. The Sokoto are trousers secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may contain side seam pockets. The set may or may not be embroidered. (i) Booboo: This is a woman’s pullover garment that is designed as a loose flowing gown. The full-length garment is sleeveless or has short sleeves and has side vents at the bottom. The garment has oversized armholes and no means of closure at the neck. If embroidered, it is usually along the neck and shoulders. May come with a length of fabric used as a matching head wrap. (j) Buba and Iro: This is a two-piece set. The Buba is a short-sleeved pullover, T-shaped garment reaching the waist and is open at the neck. The Iro is a rectangular piece of fabric that is wrapped around the waist, tucked or tied to secure in place. (k) Yar Jos: This two-piece set of lightweight fabric contains a three-quarter-length sleeveless pullover upper garment and matching trousers. The sides of the pullover are open from the shoulder to mid-trunk, and have pockets on each side under the arm opening. It has a round neckline with a slit down the center front. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may or may not have pockets. (l) Baban Riga: This loose, three-piece set contains an oversized, three-quarter length pullover outer garment that is open from the shoulder down the side to the bottom edge of the garment, inner tunic and matching trousers. The three-quarter length inner tunic VerDate jul<14>2003 19:40 Jul 26, 2005 Jkt 205001 has long or short sleeves and has side vents at the bottom. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. This garment may or may not be heavily embroidered. (m) Jamfa: This two-piece simple wear contains a three-quarter-length pullover upper garment and matching trousers. The upper garment is sewn with long or short sleeves and has side vents at the bottom. It has a round neckline with a slit down the center front. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. (n) Yarshara: This two-piece set of lightweight fabric contains a three-quarterlength sleeveless pullover upper garment and matching trousers. The sides of the pullover are open from the shoulder to mid-trunk, and have pockets on each side under the arm opening. It has a round neckline with a slit down the center front. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets. (o) Dandogo: This heavily embroidered threepiece set, made from heavy weight fabric, is worn during special ceremonies and depicts the richness in traditional folklore. It is made from strips of hand loomed fabric that are sewn together. The oversized three-quarter to full-length outer pullover garment contains a V neckline with very large arm openings. The sleeve openings are almost the full length of the garment. The sleeveless three-quarter length underneath pullover garment is wider at the base than the shoulder. It has a round neckline with a slit down the center front. The trousers are secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may have side seam pockets. (p) Abaya: This three-piece set contains an outer fully open robe-styled piece, a threequarter-length inner pullover upper garment, and matching trousers. The long, almost fulllength, oversized, outer garment contains a yarn-tassel closure, short sleeves and is heavily embroidered along the front opening and sleeve caps. The ankle length inner pullover piece has a round neckline with a slit down the center front, has long sleeves, side seam pockets side, vents at the bottom, and is heavily embroidered around the neckline and sleeve cuffs. The trousers are secured at the waist by a drawstring and may be baggy with extra-fullness at the thighs and may contain side seam pockets and are embroidered at the bottom. (q) Kaftan Falmara: This loose fitting ceremonial two-piece set contains an ankle length pullover outer garment and matching trousers. The outer garment has long sleeves, pockets along the side seam, and side vents at the bottom. It has a round neckline with a slit down the center front. If embroidered, it is usually along the neckline and sleeve cuffs. The garment is similar to a Kaftan, except the Kaftan Falmara has panels resembling a vest, or waistcoat, sewn into the front. The trousers are secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may contain side seam pockets. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 43399 (r) Zabuni: Originally from the northern part of Nigeria, this two-piece set contains a longsleeved jacket-like upper garment and matching trousers. More tailored that other folklore articles, the coat styled garment may be fully lined, with patch pocket(s) on the inside. It is heavily decorated with a cord´ like applique which is hand-sewn on solid colored material around the round neckline, front opening placket, back, sleeves at the cuff, and trousers at the hem. The pocket-less trousers are secured at the waist by a drawstring, and have side vents at the cuff. (s) Kufta: This lightweight and loose fitting two-piece set contains an ankle length pullover garment and matching trousers. The pullover garment has long sleeves, pockets along the side seam, and side vents at the bottom. It has a round neckline with a slit down the center front. It has long triangular shaped panels under each arm. If embroidered, it is usually along the neck, front opening placket and sleeves. The trousers are secured at the waist by a drawstring and may be baggy with extrafullness at the thighs and may contain side seam pockets. (t) Falmara: This garment is similar in shape to a vest or waistcoat, with embroidery around the round neck continuing down the opening. The sleeveless garment may be fully lined with patch pocket(s) on the inside. It could be worn over any long sleeve shirt or top, but usually, it is worn over a Kaftan. ANNEX B: Nigerian Ethnic Printed Fabrics Each ethnic-printed fabric 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 5208.32.40 2 of the Harmonized Tariff Schedule of the United States D) contains designs, symbols, and other characteristics of African prints normally produced for and sold in Africa by the piece (6 or 12 yard fixed lengths or by the piece or in roll or bolt form) 3 E) generally designed with colorful, repeating patterns and motifs described in ‘‘D’’ F) penetration of dye prints both sides of the fabric creating a ‘‘duplex effect’’ such that both the face and the back of the fabric appear the same G) 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 H) printed, including waxed in one or more eligible sub-Saharan beneficiary countries I) inscription of the design number and manufacturer’s brand name and/or logo on the selvedge edge of the companies listed in ‘‘J’’ 1 printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200 g/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 3 For our purposes, fabric by the piece does mean in roll or bolt form. E:\FR\FM\27JYN1.SGM 27JYN1 43400 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices J) must be manufactured by one of the companies in the list below in ‘‘i through xi’’: i. African Textile Manufacturers Ltd ii. Angel Spinning & Dyeing Ltd iii. Bhojraj Industries PLC iv. Dangote General Textile Products, Ltd v. General Cotton Mills Ltd vi. Gaskiya Textile Mills PLC vii. Holborn Nigeria Ltd viii. Hong Kong Synthetic Fibre Co. Nig Ltd ix. Reliance Textile Industries Ltd x. Sunflag Nig Ltd xi. United Nigerian Textiles PLC [FR Doc. E5–4004 Filed 7–26–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF DEFENSE Office of the Secretary TRICARE Formerly Known as the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Fiscal Year 2005 Puerto Rico Region Specific Mental Health Rates Office of the Secretary, DoD. Notice of rate setting; establishment of region specific Puerto Rico Mental Health rates. AGENCY: ACTION: This notice provides for the establishment of a Puerto Rico region specific per diem rates for low volume providers; the establishment of region specific per diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs under the TRICARE Mental Health Per Diem Payment System for fiscal year 2005. EFFECTIVE DATE: The fiscal year 2005 rates contained in this notice are SUMMARY: effective for services occurring on or after September 1, 2005. FOR FURTHER INFORMATION CONTACT: Christine Gavlick, Office of Medical Benefits and Reimbursement Systems, TRICARE Management Activity, telephone (303) 676–3841. SUPPLEMENTARY INFORMATION: The final rule published in the Federal Register on September 6, 1988, (53 FR 34285) set forth reimbursement methodologies that were effective for all inpatient hospital admissions in psychiatric hospitals and exempt psychiatric units occurring on or after January 1, 1989. This final rule uses regionally established per diems to pay hospitals that do not have enough CHAMPUS discharges upon which to base a valid hospital-specific rate. Regional rates incorporate adjustments for area wage differences, indirect medical educations costs and pass through payments for direct medical education costs. Mental Health partial hospitalization programs are also reimbursed according to regional per diems. The Mental Health regional per diems are applied utilizing the designated Federal Census regions. By 32 CFR 199.14(a)(2)(viii)(E), the commonwealth of Puerto Rico is subject to TRICARE’s mental halth reimbursement methodologies. Since Puerto Rico is not incorporated in a Federal Census Region, this notice establishes a Puerto Rico region specific per diem as well as region specific rates for partial hospitalization programs, both full day and half-day programs. TRICARE additionally published in the Federal Register on July 1, 1993, (58 FR 35–400) final rules that set forth maximum per diem rates for all partial hospitalization admissions on or after September 29, 1993. Included in these final rules were provisions for updating reimbursement rates for each federal fiscal year. As stated in the final rules, each per diem shall be updated by the Medicare update factor for hospitals and units exempt from the Medicare Prospective Payment System. For fiscal year 2005, Medicare has recommended a rate of increase of 3.3 percent for hospitals and units excluded from the prospective payment system. TRICARE has incorporated this update factor for FY 2005 in the determinaion of the region specific Puerto Rico rates. Consistent with Medicare, the wage portion of the regional rate subject to the area wage adjustment is 71.56 percent for FY 2005. The following reflects the Puerto Rico region specific rates: REGION SPECIFIC RATES FOR PSYCHIATRIC HOSPITALS AND UNITS WITH LOW TRICARE VOLUME United States region Rate1 Puerto Rico ................................... $434.00 1 Wage portion of the rate, subject to the area wage adjustment—71.56 percent. Beneficiary Cost-Share: Beneficiary cost-share (other than dependents of active duty members) for care paid on the basis of a regional per diem rate is the lower of $169 per day or 25 percent of the hospital billed charges effective for services rendered on or after October 1, 2004. PUERTO RICO REGION SPECIFIC PARTIAL HOSPITALIZATION RATES FOR FULL-TIME DAY AND HALF-DAY PROGRAMS FY 2005 United States region Full-day rate (6 hours or more) Puerto Rico ............................................................................... $183 ......................................................................................... (Half-day rate (3–5 hours) $138 The above rates are effective for services rendered on or after September 1, 2005. DEPARTMENT OF DEFENSE Correction Office of the Secretary Dated: July 22, 2005. L.M. Bynum, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 05–14844 Filed 7–26–05; 8:45 am] Notice of the Defense Business Board Meeting—Correction In the Federal Register of July 22, 2005, page 36377 FR Doc. 05–14534, in the middle column, the last sentence in the SUMMARY is amended to read: ‘‘The delay in publishing this Notice was due to technical difficulties in obtaining the information.’’ BILLING CODE 5001–06–M SUMMARY: The Department of Defense published an Open Meeting notice on the Defense Business Board on July 22, 2005. This Notice is published to include justification for not publishing the Notice within the 15-day requirement. VerDate jul<14>2003 19:40 Jul 26, 2005 Jkt 205001 Department of Defense. Notice; correction. AGENCY: ACTION: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Dated: July 22, 2005. Jeannette Owings-Ballard, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–14846 Filed 7–26–05; 8:45 am] BILLING CODE 5001–06–M E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43397-43400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4004]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination Under the African Growth and Opportunity Act

July 21, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Directive to the Commissioner of 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 
Nigeria shall be treated as ``handloomed, handmade, folklore articles, 
or ethnic

[[Page 43398]]

printed fabrics'' and qualify for preferential treatment under the 
African Growth and Opportunity Act. Imports of eligible products from 
Nigeria with an appropriate visa will qualify for duty-free treatment.

EFFECTIVE DATE: August 1, 2005.

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: 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.  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 hand-loomed, 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 
products made in the beneficiary sub-Saharan African countries that may 
be eligible for the preferential treatment describes 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 hand-loomed, handmade, folklore 
articles, or ethnic printed fabrics. (66 FR at 7271-72 and 70 FR at 
37961 & 63).
    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 (66 FR 7837). The first digit of the visa number 
corresponds to one of nine groupings of textile and apparel products 
that are eligible for preferential tariff treatment. Grouping ``9'' is 
reserved for handmade, hand-loomed, folklore articles, or ethnic 
printed fabrics.
    CITA has consulted with Nigerian authorities and has determined 
that hand-loomed fabrics, hand-loomed articles (e.g., hand-loomed rugs, 
scarves, place mats, and tablecloths), handmade articles made from 
hand-loomed fabrics, the folklore articles described in Annex A, and 
ethnic printed fabrics described in Annex B to this notice, if produced 
in and exported from Nigeria, are eligible for preferential tariff 
treatment under section 112(a) of the AGOA, as amended. In the letter 
published below, CITA directs the Commissioner of 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''.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

July 21, 2005.

Commissioner,
Bureau of Customs and Border Protection, 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.  
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 August 1, 2005, that the following articles shall be 
treated as ``handloomed, handmade, folklore articles, or ethnic 
printed fabrics'' under the AGOA: (a) handloomed fabrics, handloomed 
articles (e.g., handloomed rugs, scarves, placemats, and 
tablecloths), and hand-made articles made from handloomed fabrics, 
if made in Nigeria from fabric handloomed in Nigeria; (b) the 
folklore articles described in Annex A if made in Nigeria; and (c) 
ethnic printed fabrics described in Annex B. 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 Nigeria 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 Nigerian 
authorities, CITA may determine that additional textile and apparel 
goods shall be treated as folklore articles.
    Sincerely,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Attachment
ANNEX A: Nigerian Folklore Products
CITA has determined that the following textile and apparel goods 
shall be treated as folklore articles for purposes of the AGOA if 
made in Nigeria. Articles must be ornamented in characteristic 
Nigerian 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 Nigeria, such as airplanes, buses, 
cowboys, or cartoon characters and may not incorporate designs 
referencing holidays or festivals not common to traditional Nigerian 
culture, such as Halloween and Thanksgiving.

Eligible folklore articles:

(a) Kaftan:This loose fitting two-piece set contains an ankle length 
pullover outer tunic and matching trousers. The outer tunic has long 
sleeves, pockets along the side seam, and side vents at the bottom. 
It has a round neckline with a slit down the center front. If 
embroidered, it is along the neckline and sleeves. The trousers are 
secured at the waist by a drawstring and may be baggy with extra-
fullness at the thighs and may contain side seam pockets. This 
garment can be made from fabric of any weight.
(b) Senegalese: This loose fitting two-piece set contains an ankle 
length pullover outer tunic garment and matching trousers. The outer 
tunic has long sleeves, pockets along the side seam, and side vents 
at the bottom. It usually has a round neckline with a slit down the 
center front, although necklines may vary and may be embroidered. If 
embroidered, it is usually along the neckline, front opening and 
sleeves. The trousers are secured at the waist by a drawstring and 
may be baggy with extra-fullness at the thighs and may contain side 
seam pockets. The garment is usually made from dyed material or 
guinea brocade.
(c) Buba and Sokoto: This loose fitting, two-piece set contains a 
pullover upper garment and matching trousers. The three-quarter 
length upper garment has sleeves extending just below the elbow, 
side vents at the bottom, and may have patch pockets. It has a round 
neckline with a slit down the center front. The Buba is usually 
undecorated, but if embroidered, it is usually along the back 
shoulder and front chest. It has a round, slotted neckline. The 
Sokoto are trousers that are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. This garment can be made from fabric of any 
weight.
(d) Kenbe: This loose fitting, two-piece set contains a pullover 
upper garment and matching trousers. The three-quarter length upper 
garment has half or three-quarter length sleeves, with side vents at 
the bottom. The trousers are three-quarter length and are secured at 
the waist by a drawstring.
(e) Dansiki: This loose fitting two-piece set contains a pullover 
upper garment and matching trousers. The three-quarter length upper 
garment is sleeveless, or has short sleeves, and may have patch 
pockets. Its round neckline may be intricately

[[Page 43399]]

embroidered. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. The garment is frequently made from dyed 
materials or African prints.
(f) Gbariye: This two-piece, heavily embroidered, three-quarter 
length ceremonial set contains a pullover upper garment and matching 
trousers, made of heavy handloomed fabric. The cap sleeved upper 
garment is heavily embroidered and darted or pleated (i.e. sewn in 
the form of a pyramid that is wider at the bottom than at the 
shoulder). This enables the upper garment spin freely during dance 
ceremonies. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets. The set may be heavily embroidered, usually along 
the neck, chest and ankle.
(g) Isiagu or Chieftaincy: This one-piece pullover, three-quarter 
length garment, worn for special occasions, may have short or long 
sleeves and may come with golden buttons linked together by a chain 
that adorn the slotted neck opening. The garment contains pleats or 
darts on the front, below the shoulder, and has a front patch 
pocket.
(h) Agbada: This is a three-piece set includes the ``Agbada'' 
``Buba'', and ``Sokoto''. The Agbada is an oversized outer pullover 
garment and is usually loose flowing, extending to below the knee or 
ankle. The embroidery work is on both the back and front sides. The 
side seams open from the shoulder to bottom hem. The Buba, the 
inner, pullover garment may have varying length sleeves. The slotted 
neck may have buttons. The Sokoto are trousers secured at the waist 
by a drawstring and may be baggy with extra-fullness at the thighs 
and may contain side seam pockets. The set may or may not be 
embroidered.
(i) Booboo: This is a woman's pullover garment that is designed as a 
loose flowing gown. The full-length garment is sleeveless or has 
short sleeves and has side vents at the bottom. The garment has 
oversized armholes and no means of closure at the neck. If 
embroidered, it is usually along the neck and shoulders. May come 
with a length of fabric used as a matching head wrap.
(j) Buba and Iro: This is a two-piece set. The Buba is a short-
sleeved pullover, T-shaped garment reaching the waist and is open at 
the neck. The Iro is a rectangular piece of fabric that is wrapped 
around the waist, tucked or tied to secure in place.
(k) Yar Jos: This two-piece set of lightweight fabric contains a 
three-quarter-length sleeveless pullover upper garment and matching 
trousers. The sides of the pullover are open from the shoulder to 
mid-trunk, and have pockets on each side under the arm opening. It 
has a round neckline with a slit down the center front. The trousers 
are secured at the waist by a drawstring and may be baggy with 
extra-fullness at the thighs and may or may not have pockets.
(l) Baban Riga: This loose, three-piece set contains an oversized, 
three-quarter length pullover outer garment that is open from the 
shoulder down the side to the bottom edge of the garment, inner 
tunic and matching trousers. The three-quarter length inner tunic 
has long or short sleeves and has side vents at the bottom. The 
trousers are secured at the waist by a drawstring and may be baggy 
with extra-fullness at the thighs and may contain side seam pockets. 
This garment may or may not be heavily embroidered.
(m) Jamfa: This two-piece simple wear contains a three-quarter-
length pullover upper garment and matching trousers. The upper 
garment is sewn with long or short sleeves and has side vents at the 
bottom. It has a round neckline with a slit down the center front. 
The trousers are secured at the waist by a drawstring and may be 
baggy with extra-fullness at the thighs and may contain side seam 
pockets.
(n) Yarshara: This two-piece set of lightweight fabric contains a 
three-quarter-length sleeveless pullover upper garment and matching 
trousers. The sides of the pullover are open from the shoulder to 
mid-trunk, and have pockets on each side under the arm opening. It 
has a round neckline with a slit down the center front. The trousers 
are secured at the waist by a drawstring and may be baggy with 
extra-fullness at the thighs and may contain side seam pockets.
(o) Dandogo: This heavily embroidered three-piece set, made from 
heavy weight fabric, is worn during special ceremonies and depicts 
the richness in traditional folklore. It is made from strips of hand 
loomed fabric that are sewn together. The oversized three-quarter to 
full-length outer pullover garment contains a V neckline with very 
large arm openings. The sleeve openings are almost the full length 
of the garment. The sleeveless three-quarter length underneath 
pullover garment is wider at the base than the shoulder. It has a 
round neckline with a slit down the center front. The trousers are 
secured at the waist by a drawstring and may be baggy with extra-
fullness at the thighs and may have side seam pockets.
(p) Abaya: This three-piece set contains an outer fully open robe-
styled piece, a three-quarter-length inner pullover upper garment, 
and matching trousers. The long, almost full-length, oversized, 
outer garment contains a yarn-tassel closure, short sleeves and is 
heavily embroidered along the front opening and sleeve caps. The 
ankle length inner pullover piece has a round neckline with a slit 
down the center front, has long sleeves, side seam pockets side, 
vents at the bottom, and is heavily embroidered around the neckline 
and sleeve cuffs. The trousers are secured at the waist by a 
drawstring and may be baggy with extra-fullness at the thighs and 
may contain side seam pockets and are embroidered at the bottom.
(q) Kaftan Falmara: This loose fitting ceremonial two-piece set 
contains an ankle length pullover outer garment and matching 
trousers. The outer garment has long sleeves, pockets along the side 
seam, and side vents at the bottom. It has a round neckline with a 
slit down the center front. If embroidered, it is usually along the 
neckline and sleeve cuffs. The garment is similar to a Kaftan, 
except the Kaftan Falmara has panels resembling a vest, or 
waistcoat, sewn into the front. The trousers are secured at the 
waist by a drawstring and may be baggy with extra-fullness at the 
thighs and may contain side seam pockets.
(r) Zabuni: Originally from the northern part of Nigeria, this two-
piece set contains a long-sleeved jacket-like upper garment and 
matching trousers. More tailored that other folklore articles, the 
coat styled garment may be fully lined, with patch pocket(s) on the 
inside. It is heavily decorated with a cord-like appliqu[eacute] 
which is hand-sewn on solid colored material around the round 
neckline, front opening placket, back, sleeves at the cuff, and 
trousers at the hem. The pocket-less trousers are secured at the 
waist by a drawstring, and have side vents at the cuff.
(s) Kufta: This lightweight and loose fitting two-piece set contains 
an ankle length pullover garment and matching trousers. The pullover 
garment has long sleeves, pockets along the side seam, and side 
vents at the bottom. It has a round neckline with a slit down the 
center front. It has long triangular shaped panels under each arm. 
If embroidered, it is usually along the neck, front opening placket 
and sleeves. The trousers are secured at the waist by a drawstring 
and may be baggy with extra-fullness at the thighs and may contain 
side seam pockets.
(t) Falmara: This garment is similar in shape to a vest or 
waistcoat, with embroidery around the round neck continuing down the 
opening. The sleeveless garment may be fully lined with patch 
pocket(s) on the inside. It could be worn over any long sleeve shirt 
or top, but usually, it is worn over a Kaftan.

ANNEX B: Nigerian Ethnic Printed Fabrics
Each ethnic-printed fabric 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 5208.32.40 
\2\ of the Harmonized Tariff Schedule of the United States
---------------------------------------------------------------------------

    \1\ printed plain weave fabrics of cotton, 85% or more cotton by 
weight, weighing over 100g/m2 but not more than 200 g/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
---------------------------------------------------------------------------

    D) contains designs, symbols, and other characteristics of 
African prints normally produced for and sold in Africa by the piece 
(6 or 12 yard fixed lengths or by the piece or in roll or bolt form) 
\3\
---------------------------------------------------------------------------

    \3\ For our purposes, fabric by the piece does mean in roll or 
bolt form.
---------------------------------------------------------------------------

    E) generally designed with colorful, repeating patterns and 
motifs described in ``D''
    F) penetration of dye prints both sides of the fabric creating a 
``duplex effect'' such that both the face and the back of the fabric 
appear the same
    G) 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
    H) printed, including waxed in one or more eligible sub-Saharan 
beneficiary countries
    I) inscription of the design number and manufacturer's brand 
name and/or logo on the selvedge edge of the companies listed in 
``J''

[[Page 43400]]

    J) must be manufactured by one of the companies in the list 
below in ``i through xi'':
     i. African Textile Manufacturers Ltd
     ii. Angel Spinning & Dyeing Ltd
     iii. Bhojraj Industries PLC
     iv. Dangote General Textile Products, Ltd
     v. General Cotton Mills Ltd
     vi. Gaskiya Textile Mills PLC
     vii. Holborn Nigeria Ltd
     viii. Hong Kong Synthetic Fibre Co. Nig Ltd
     ix. Reliance Textile Industries Ltd
     x. Sunflag Nig Ltd
     xi. United Nigerian Textiles PLC
[FR Doc. E5-4004 Filed 7-26-05; 8:45 am]
BILLING CODE 3510-DS-S