[Federal Register: May 22, 2003 (Volume 68, Number 99)]
[Notices]
[Page 27992-27993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my03-63]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under the United States
- Andean Trade Promotion and Drug Eradication Act (ATPDEA)
May 16, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain cotton corduroy
fabrics, for use in apparel articles, cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
ATPDEA.
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SUMMARY: On March 17, 2003 the Chairman of CITA received a petition
from Breaker Jeanswear/ARC International alleging that certain dyed
cotton corduroy fabrics (see Annex I for product specifications),
classified in subheading 5801.22.90 of the Harmonized Tariff Schedule
of the United States (HTSUS), for use in apparel articles including
men's and boys' jackets and pants, women's and girls' jackets, dresses,
skirts, shorts, and pants, cannot be supplied by the domestic industry
in commercial quantities in a timely manner. It requested that apparel
of such fabrics be eligible for preferential treatment under the
ATPDEA. Based on currently available information, CITA has determined
that these subject fabrics can be supplied by the domestic industry in
commercial quantities in a timely manner and therefore denies the
request.
EFFECTIVE DATE: May 22, 2003.
FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential
Proclamation 7616 of October 31, 2002, Executive Order 13277 of
November 19, 2002, and the United States Trade Representative's
Notice of Further Assignment of Functions of November 25, 2002 (67
FR 71606).
BACKGROUND:
The ATPDEA provides for quota- and duty-free treatment for
qualifying textile and apparel products. Such treatment is generally
limited to products manufactured from yarns and fabrics formed in the
United States or a beneficiary country. The ATPDEA also provides for
quota- and duty-free
[[Page 27993]]
treatment for apparel articles that are both cut (or knit-to-shape) and
sewn or otherwise assembled in one or more ATPDEA beneficiary countries
from fabric or yarn that is not formed in the United States or a
beneficiary country, if it has been determined that such fabric or yarn
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. Pursuant to Executive Order No. 13277 (67 FR 70305)
and the United States Trade Representative's Notice of Redelegation of
Authority and Further Assignment of Functions (67 FR 71606), the
President's authority to determine whether yarns or fabrics cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the ATPDEA is exercised by CITA.
On March 17, 2003, the Chairman of CITA received a petition from
Breaker Jeanswear/ARC International of Miami, Florida, alleging that
certain dyed cotton corduroy fabrics, (see Annex I for product
specifications), classified in subheading 5801.22.90 of the Harmonized
Tariff Schedule of the United States (HTSUS), for use in apparel
articles including men's and boys' jackets and pants, women's and
girls' jackets, dresses, skirts, shorts, and pants, cannot be supplied
by the domestic industry in commercial quantities in a timely manner
and requesting quota- and duty-free treatment under the ATPDEA for
apparel articles that are both cut and sewn in one or more ATPDEA
beneficiary countries from such fabrics.
On March 24, 2003, CITA solicited public comments regarding this
request, particularly with respect to whether these fabrics can be
supplied by the domestic industry in commercial quantities in a timely
manner. On April 10, 2003, CITA and the Office of the U.S. Trade
Representative offered to hold consultations with the relevant
Congressional committees. We also requested the advice of the U.S.
International Trade Commission and the relevant Industry Sector
Advisory Committees.
CITA has determined that certain dyed cotton corduroy fabrics,
classified in subheading 5801.22.90 of the Harmonized Tariff Schedule
of the United States (HTSUS), for use in apparel articles including
men's and boys' jackets and pants, women's and girls' jackets, dresses,
skirts, shorts, and pants, can be supplied by the domestic industry in
commercial quantities in a timely manner. Breaker Jeanswear/ARC
International's request is denied.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
Annex I ........................................
Product Specifica-tions: ........................................
1. Dyed Corduroy Fabric: ........................................
Fiber Com-position: 100 % cotton
Fabric weight: 271 g/m2 (grams per square meter)
Construction: Woven 20 x 45, 16s x 16s
6 - 8 wales per centimeter
2. Dyed Corduroy Fabric: ........................................
Fiber Composition(s): 98% cotton, 2% spandex
97% cotton, 3% spandex
Fabric weight: 271g/m2 (grams per square meter)
Construction: Woven 20 x 45, 16s x 16s plus 70 denier
(spandex)
6-8 wales per centimeter
[FR Doc. 03-12897 Filed 5-21-03; 8:45 am]