[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Notices]
[Page 30631-30633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-37]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations under the Textile and Apparel Commercial
Availability Provision of the African Growth and Opportunity Act
(AGOA), the United States-Caribbean Basin Trade Partnership Act
(CBTPA), and the Andean Trade Promotion and Drug Eradication Act
(ATPDEA)
May 24, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
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SUMMARY: The Committee has determined that certain combed compact
yarns, of wool or fine animal hair, classified in subheadings 5107.10,
5107.20, or 5108.20 of the Harmonized Tariff Schedule of the United
States (HTSUS), for use in apparel articles, cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
AGOA, CBTPA, and ATPDEA. The Committee hereby designates apparel
articles that are both cut and sewn or otherwise assembled in one or
more eligible beneficiary sub-Saharan African
[[Page 30632]]
countries or in one or more eligible CBTPA beneficiary countries from
U.S. formed fabrics containing such yarns as eligible to enter free of
quotas and duties under HTSUS subheading 9819.11.24 or 9820.11.27,
provided all other yarns are U.S. formed and all other fabrics are U.S.
formed from yarns wholly formed in the United States. The Committee
also hereby designates such yarns as eligible under HTSUS subheading
9821.11.10, if used in apparel sewn or otherwise assembled in an
eligible ATPDEA beneficiary country from U.S. formed fabric containing
such yarns; such apparel containing such yarns shall be eligible to
enter free of quotas and duties under this subheading, provided all
other yarns are U.S. formed and all other fabrics are U.S. formed from
yarns wholly formed in the United States. The Committee notes that this
designation under the ATPDEA renders apparel articles containing such
yarn, sewn or otherwise assembled in an eligible ATPDEA beneficiary
country, as eligible for quota-free and duty-free treatment under HTSUS
subheading 9821.11.13, provided the requirements of that subheading are
met.
EFFECTIVE DATE: May 28, 2004
FOR FURTHER INFORMATION CONTACT: Martin Walsh, 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
213(b)(2)(A)(v)(II) of the CBTPA, as added by Section 211(a) of the
CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17,
2001; Presidential Proclamations 7350 and 7351 of October 4, 2000;
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.
BACKGROUND:
The commercial availability provisions of the AGOA, the ATPDEA, and
the CBTPA provide 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 countries from fabric or yarn that
is not formed in the United States 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 Proclamations 7350 and 7351
of October 4, 2000 and Presidential Proclamation 7616 of October 31,
2002, the President proclaimed that this treatment would apply to such
apparel articles from fabrics or yarns designated by the appropriate
U.S. government authority in the Federal Register. In Sections 1 and 6
of Executive Order No. 13191 of January 17, 2001, Executive Order 13277
of November 19, 2002, and the United States Trade Representative's
Notice of Further Assignment of Functions of November 25, 2002, the
Committee was authorized to determine whether yarns or fabrics cannot
be supplied by the domestic industry in commercial quantities in a
timely manner under the AGOA, the CBTPA, or the ATPDEA.
On January 14, 2004, the Committee received a request from Warren
Corporation alleging that certain combed compact yarns, of wool or fine
animal hair, cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the AGOA, CBTPA, and ATPDEA. It
requested that apparel articles containing such yarns be eligible for
preferential treatment under the AGOA, CBTPA, and ATPDEA. On January
26, 2004, the Committee requested public comment on the petition (69 FR
3569). On February 11, 2004, 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 February 11, 2004, 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 (collectively, the Congressional Committees). On
February 24, 2004, 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 yarn set forth in the request cannot be supplied by the domestic
industry in commercial quantities in a timely manner. On March 15,
2004, 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, as required by the AGOA, CBTPA, and
ATPDEA.
The Committee hereby designates apparel articles, made from fabrics
formed in the United States containing such yarns, that are sewn or
otherwise assembled in one or more eligible sub-Saharan African
countries or in one or more eligible CBTPA beneficiary countries from
U.S. formed fabrics containing combed compact yarns, of wool or fine
animal hair, classified in HTSUS subheadings 5107.10, 5107.20, or
5108.20 as eligible to enter free of quotas and duties under HTSUS
subheading 9819.11.24 or 9820.11.27, provided all other yarns are U.S.
formed and all other fabrics are U.S. formed from yarns wholly formed
in the United States. The Committee also hereby designates apparel
articles, made from fabrics formed in the United States containing such
yarns, that are sewn or otherwise assembled in an eligible ATPDEA
beneficiary country, as eligible to enter free of quotas and duties
under HTSUS subheading 9821.11.10, provided all other yarns are U.S.
formed and all other fabrics are U.S. formed from yarns wholly formed
in the United States. The Committee notes that this designation under
the ATPDEA renders apparel articles sewn or otherwise assembled in an
eligible ATPDEA beneficiary country containing such yarn as eligible
for quota-free and duty-free treatment under HTSUS subheading
9821.11.13, provided the requirements of that subheading are met.
An ``eligible beneficiary sub-Saharan African country'' means a
country which the President has designated as a beneficiary sub-Saharan
African country under section 506A of the Trade Act of 1974 (19 U.S.C.
2466a), and which has been the subject of a finding, published in the
Federal Register, that the country has satisfied the requirements of
section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration
of such country in U.S. note 1 to subchapter XIX of chapter 98 of the
HTSUS.
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 Caribbean Basin Recovery Act (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)), resulting in the enumeration of such country in
U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS.
An ``eligible ATPDEA beneficiary country'' means a country which
the President has designated as an ATPDEA beneficiary country under
section 203(a)(1) of the Andean Trade Preference Act (ATPA) (19 U.S.C.
3202(a)(1)), and which has been the subject of a finding, published in
the Federal Register, that the country has satisfied the requirements
of section
[[Page 30633]]
203(c) and (d) of the ATPA (19 U.S.C. 3202(c) and (d)), resulting in
the enumeration of such country in U.S. note 1 to subchapter XXI of
Chapter 98 of the HTSUS.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 04-12105 Filed 5-27-04; 8:45 am]