Citation: [Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78241-78242]


DEPARTMENT OF COMMERCE

International Trade Administration


Limitation of Duty-Free Imports of Apparel Articles Assembled in
Haiti Under the Haitian Hemispheric Opportunity Through Partnership for
Encouragement Act (HOPE)

AGENCY: Department of Commerce, International Trade Administration.

ACTION: Notification of Annual Quantitative Limit on Certain Apparel
under HOPE.

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DATES: Effective Date: December 20, 2011.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3651.

SUPPLEMENTARY INFORMATION:
Authority: The Caribbean Basin Recovery Act (``CBERA''), as amended
by the Haitian Hemispheric Opportunity Through Partnership for
Encouragement Act of 2006 (``HOPE''), Title V of the Tax Relief and
Health Care Act of 2006 and the Food, Conservation, and Energy Act of
2008 (``HOPE II''); the Haiti Economic Lift Program Act of 2010
(``HELP''); and implemented by Presidential Proclamations No. 8114, 72
FR 13655, 13659 (March 22, 2007), and No. 8596, 75 FR 68153 (November
4, 2010).
HOPE provides for duty-free treatment for certain apparel articles
imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines
the requirements for certain apparel articles to qualify for duty-free
treatment under a ``value-added'' program. In order to qualify for
duty-free treatment, apparel articles must be wholly assembled, or
knit-to-shape, in Haiti from any combination of fabrics, fabric
components, components knit-to-shape, and yarns, as long as the sum of
the cost or value of materials produced in Haiti or one or more
countries, as described in HOPE, or any combination thereof, plus the
direct costs of processing operations performed in Haiti or one or more
countries, as described in HOPE, or any combination thereof, is not
less than an applicable percentage of the declared customs value of
such apparel articles. Pursuant to HELP, the applicable percentage for
the period December 20, 2011 through December 19, 2012, is 50 percent
or more.
For every twelve month period following the effective date of HOPE,
duty-free treatment under the value-added program is subject to a
quantitative limitation. HOPE provides that the quantitative limitation
will be recalculated for each subsequent 12-month period. Section
213A(b)(1)(C) of HOPE, as amended by HOPE II and HELP, requires that,
for the twelve-month period beginning on December 20, 2011, the
quantitative limitation for qualifying apparel imported from Haiti
under the value-added program will be an amount equivalent to 1.25
percent of the aggregate square meter equivalent of all apparel
articles imported into the United States in the most recent 12-month
period for which data are available. The aggregate square meters
equivalent of all apparel articles imported into the United States is
derived from the set of Harmonized System lines listed in the Annex to
the World Trade Organization Agreement on Textiles and Clothing
(``ATC''), and the conversion factors for units of measure into square
meter equivalents used by the United States in implementing the ATC.
For purposes of this notice, the most recent 12-month

[[Page 78242]]

period for which data are available as of December 20, 2011 is the 12-
month period ending on October 31, 2011.
Therefore, for the one-year period beginning on December 20, 2011
and extending through December 19, 2012, the quantity of imports
eligible for preferential treatment under the value-added program is
326,752,739 square meters equivalent. Apparel articles entered in
excess of these quantities will be subject to otherwise applicable
tariffs.

Dated: December 12, 2011.
Kim Glas,
Deputy Assistant Secretary for Textiles and Apparel.
[FR Doc. 2011-32278 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-DS-P