[Federal Register: June 13, 2003 (Volume 68, Number 114)]
[Notices]
[Page 35390-35391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn03-55]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under the United States
- African Growth and Opportunity Act (AGOA)
June 10, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain cotton velvet
fabrics, for use in apparel articles, cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
AGOA.
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SUMMARY: On April 8, 2003 the Chairman of CITA received a petition from
Crystal Apparel Limited. of Hong Kong and Sinotex Mauritius Limited in
Mauritius alleging that certain light- and medium-weight dyed cotton
warp pile velvet fabrics (see Annex I for product specifications)
classified in subheading 5801.25.00 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 that apparel
of such fabrics be eligible for preferential treatment under the AGOA.
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.
FOR FURTHER INFORMATION CONTACT: Anna Flaaten, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 112 (b)(5)(B) of the AGOA, Section 1 of the
Executive Order No. 13191 of January 17, 2001.
BACKGROUND:
The AGOA 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 AGOA also provides for quota- and
duty-free treatment for apparel articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled in one or more AGOA 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. 13191,
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 AGOA is exercised by CITA.
On April 8, the Chairman of CITA received a petition from Crystal
Apparel Limited. of Hong Kong and Sinotex Mauritius Limited. in
Mauritius alleging that certain light- and medium-weight dyed cotton
warp pile velvet fabrics (see Annex I for product specifications),
classified in subheading 5801.25.00 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. The petitioner requested
quota- and duty-free treatment under the AGOA for apparel articles that
are both cut and sewn in one or more AGOA beneficiary countries from
such fabrics.
On April 14, 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 30, 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 light- and medium-weight dyed
cotton warp pile velvet fabrics, classified in subheading 5801.25.00 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.
Crystal Apparel Limited and Sinotex Mauritius Limited's request is
denied.
Annex 1
Product Specifications:
1. Name: light-weight dyed warp pile velvet
HTS subheading: 5801.25.00
Fiber Composition: 100 percent combed cotton
Yarn: 230 g/m2 to 260 g/m2
Construction:
Woven Fabric - 96 x 98
Warp - 42/2 ply + 42/2 ply
Weft - 32 single yarn
Woven Fabric - 96 x 102
Warp - 42/2 ply + 60/2 ply
Weft - 32 single yarn
2. Name: medium-weight dyed warp pile velvet
HTS subheading: 5801.25.00
Fiber Composition: 97 to 98 percent cotton, up to 3 percent spandex
yarn
Yarn: 280 g/m2 to 330 g/m2
Construction:
Woven Fabric - 110 x 84
Warp - 42/2 ply + 50/2 ply
Weft - 30 single yarn + 40 denier spandex
Woven Fabric - 126 x 84
Warp - 42/2 ply + 50/2 ply
Weft - 30 single yarn + 40 denier spandex
[[Page 35391]]
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 03-14964 Filed 6-12-03; 8:45 am]