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