[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Notices]
[Page 19788-19789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap03-36]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations Under the Textile and Apparel Commercial
Availability Provisions of the United States-Caribbean Basin Trade
Partnership Act (CBTPA)
April 16, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Determination.
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SUMMARY: The Committee for the Implementation of Textile Agreements
(Committee) has determined that certain knitted outer fusible material
with a fold line that is knitted into the fabric (as described in the
attached Annex I, item (1 and a knitted inner fusible material with an
adhesive (thermoplastic resin) coating (as described in the attached
Annex I, item (2, both classified under item 5903.90.2500 of the
Harmonized Tariff Schedule of the United States
[[Page 19789]]
(HTSUS), for use in apparel articles, cannot be supplied by the
domestic industry in commercial quantities in a timely manner. The
Committee hereby designates apparel articles from these fabrics as
eligible for quota-free and duty-free treatment under the textile and
apparel commercial availability provisions of the CBTPA and eligible
under HTSUS subheadings 9819.11.24 or 9820.11.27, to enter free of
quota and duties, provided that all other fabrics are wholly in the
United States from yarns wholly formed in the United States.
FOR FURTHER INFORMATION CONTACT: Richard P. Stetson, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 211 of the Caribbean Basin Trade Partnership
Act (CBTPA), amending Section 213(b)(2)(A)(v)(II) of the Caribbean
Basin Economic Recovery Act (CBERA); Presidential Proclamation 7351
of October 2, 2000; Executive Order No. 13191 of January 17, 2001.
BACKGROUND:
The commercial availability provision of the CBTPA provides for
duty-free and quota-free treatment for apparel articles that are both
cut (or knit-to-shape) and sewn or otherwise assembled in one or more
beneficiary CBTPA country from fabric or yarn that is not formed in the
United States or a beneficiary CBTPA country if it has been determined
that such yarns or fabrics cannot be supplied by the domestic industry
in commercial quantities in a timely manner and certain procedural
requirements have been met. In Presidential Proclamation 7351, the
President proclaimed that this treatment would apply to apparel
articles from fabrics or yarn designated by the appropriate U.S.
government authority in the Federal Register. In Executive Order 13191,
the President authorized the Committee to determine whether yarns or
fabrics cannot be supplied by the domestic industry in commercial
quantities in a timely manner.
On December 12, 2002 the Chairman of the Committee received a
petition from Levi Strauss and Co. alleging that the waistband fabrics
described in Annex I, for use in apparel articles, cannot be supplied
by the domestic industry in commercial quantities in a timely manner
and requesting quota- and duty-free treatment under the CBTPA for
apparel articles that are both cut and sewn in one or more CBTPA
beneficiary countries from such fabrics. On December 19, 2002, the
Committee requested public comments on the petition (67 FR 244). On
January 5, 2003, the Committee and the U.S. Trade Representative (USTR)
sought the advice of the Industry Sector Advisory Committee for
Wholesaling and Retailing and the Industry Sector Advisory Committee
for Textiles and Apparel. On January 5, 2003, the Committee and USTR
offered to hold consultations with the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate. On January 23, 2003, the U.S. International Trade Commission
provided advice on the petition. Based on the information and advice
received and its understanding of the industry, the Committee
determined that the fabric set forth in the petition cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
On February 10, 2003, the Committee and USTR submitted a report to the
Congressional Committees that set forth the action proposed, the
reasons for such action, and advice obtained. A period of 60 calendar
days since this report was submitted has expired.
The Committee hereby designates as eligible for preferential
treatment under HTSUS subheading 9820.11.27, apparel articles that are
both cut (or knit-to-shape) and sewn or otherwise assembled in one or
more eligible CBTPA beneficiary countries, from a knitted outer-fusible
material with a fold line that is knitted into the fabric (as described
in the attached Annex I, item1) and a knitted inner-fusible
material with an adhesive (thermoplastic resin) coating (as described
in the attached Annex I, item2), both classified under HTSUS
subheading 5903.90.2500, not formed in the United States, provided that
all other fabrics are wholly formed in the United States from yarns
wholly formed in the United States, and that such articles are imported
directly into the customs territory of the United States from an
eligible CBTPA beneficiary country. An ``eligible CBTPA beneficiary
country'' means a country which the President has designated as a CBTPA
beneficiary country under section 213(b)(5)(B) of the CBERA (19 U.S.C.
2703(b)(5)(B)) and which has been the subject of a finding, published
in the Federal Register, that the country has satisfied the
requirements of section 213(b)(4)(A)(ii) of the CBERA (19 U.S.C.
2703(b)(4)(A)(ii)) and resulting in the enumeration of such country in
U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
ANNEX I
1. A knitted outer-fusible material with a fold line that is knitted
into the fabric. The fabric is a 45mm wide base substrate, knitted in
narrow width, synthetic fiber based (made of 49% polyester / 43%
elastomeric filament / 8% nylon with a weight of 4.4 oz., a 110/110
stretch, and a dull yarn), stretch elastomeric material with an
adhesive (thermoplastic resin) coating. The 45mm width is divided as
follows: 34mm solid, followed by a 3mm seam allowing it to fold over,
followed by 8mm of solid.
2. A knitted inner-fusible material with an adhesive (thermoplastic
resin) coating that is applied after going through a finishing process
to remove all shrinkage from the product. The fabric is a 40mm
synthetic fiber based stretch elastomeric fusible consisting of 80%
nylon type 6/20% elastomeric filament with a weight of 4.4 oz., a 110/
110 stretch, and a dull yarn.
[FR Doc.03-9824 Filed 4-21-03; 8:45 am]