[Federal Register: May 11, 2004 (Volume 69, Number 91)]
[Notices]
[Page 26077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my04-63]
[[Page 26077]]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under the United
States-Caribbean Basin Trade Partnership Act (CBTPA)
May 6, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain yarn-dyed, 100
percent cotton woven flannel fabrics, made from ring-spun yarns, for
use in apparel articles, excluding gloves, cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA.
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SUMMARY: On March 4, 2004, the Chairman of CITA received a petition
from Sandler, Travis, & Rosenberg, P.A. on behalf of Dillards, Inc. of
Little Rock Arkansas and BWA, Inc. of New York, New York alleging that
certain 100 percent cotton woven flannel fabrics, made from 14 through
41 NM single ring-spun yarns of different colors, classified in
subheading 5208.43.00 of the Harmonized Tariff Schedule of the United
States (HTSUS) of 2 x 1 twill weave construction, weighing not more
than 200 grams per square meter, for use in apparel articles, excluding
gloves, 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 CBTPA. 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: Janet Heinzen, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin
Economic Recovery Act, as added by Section 211(a) of the CBTPA;
Section 6 of Executive Order No. 13191 of January 17, 2001.
Background
The CBTPA 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 CBTPA 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 CBTPA
beneficiary countries from fabric or yarn that is not formed in the
United States, if it has been determined that such fabric or yarn
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. In Executive Order No. 13191, the President delegated
to CITA the authority to determine whether yarns or fabrics cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA and directed CITA to establish procedures to
ensure appropriate public participation in any such determination. On
March 6, 2001, CITA published procedures that it will follow in
considering requests. (66 FR 13502).
On March 4, 2004, the Chairman of CITA received a petition from
Sandler, Travis, & Rosenberg, P.A. on behalf of Dillards, Inc. of
Little Rock Arkansas and BWA, Inc. of New York, New York alleging that
certain 100 percent cotton woven flannel fabrics, made from 14 through
41 NM single ring-spun yarns of different colors, classified in
subheading 5208.43.00 of the Harmonized Tariff Schedule of the United
States (HTSUS) of 2 x 1 twill weave construction, weighing not more
than 200 grams per square meter, 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,
excluding gloves, that are both cut and sewn in one or more CBTPA
beneficiary countries from such fabrics.
On March 11, 2004, CITA solicited public comments regarding this
request (69 FR 11596), particularly with respect to whether these
fabrics can be supplied by the domestic industry in commercial
quantities in a timely manner. On March 29, 2004, 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 Trade
Advisory Committees.
Based on the information provided, including review of the request,
public comments and advice received, and our knowledge of the industry,
CITA has determined that certain 100 percent cotton woven flannel
fabrics, made from 14 through 41 NM single ring-spun yarns of different
colors, of 2 x 1 twill weave construction, weighing not more than 200
grams per square meter, for use in apparel articles, excluding gloves,
can be supplied by the domestic industry in commercial quantities in a
timely manner. The petition is denied.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-10674 Filed 5-10-04; 8:45 am]