[Federal Register: August 13, 2004 (Volume 69, Number 156)]
[Notices]
[Page 50170-50171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au04-52]
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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)
August 9, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
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SUMMARY: The Committee for the Implementation of Textile Agreements
(Committee) has determined that 100 percent cotton yarn-dyed woven
flannel fabrics, made from 14 through 41 NM single ring-spun yarns,
classified in 5208.43.00 of the Harmonized Tariff Schedule of the
United States (HTSUS), of construction 2 X 1 twill weave, weighing 200
grams per square meter or less, for use in apparel articles excluding
gloves, cannot be supplied by the domestic industry in commercial
quantities in a timely manner. The Committee hereby designates apparel
articles, excluding gloves, that are both cut and sewn or otherwise
assembled in an eligible CBTPA beneficiary country, 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 9820.11.27, to enter free of quota and
duties, provided that all other fabrics are wholly formed in the United
States from yarns wholly formed in the United States.
EFFECTIVE DATE: August 13, 2004.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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 (CBERA) as added by Section 211(d) of the
CBTPA; 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
[[Page 50171]]
more beneficiary CBTPA country 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 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 May 12, 2004 the Chairman of the Committee received a petition
from Sandler, Travis, and Rosenberg, P.A., on behalf of Dillard's, Inc.
of Little Rock, Arkansas and BWA, Inc. of New York, New York, that 100
percent cotton yarn-dyed woven flannel fabrics, made from 14 through 41
NM single ring-spun yarns, classified in 5208.43.00 of the HTSUS, of
construction 2 X 1 twill weave, weighing 200 grams per square meter or
less, for use in apparel articles excluding gloves, 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.
In response to a previous commercial availability request by the
same petitioners on the subject fabrics, the Committee requested public
comments on March 11, 2004 (69 FR 11596). Also in response to the
previous petition, the Committee and the U.S. Trade Representative
(USTR) sought the advice of the Industry Trade Advisory Committee for
Textiles and Clothing and the Industry Trade Advisory Committee for
Distribution Services regarding the proposed action on March 30, 2004.
On March 29, 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 (Congressional Committees)
regarding the proposed action. On April 15, 2004, the U.S.
International Trade Commission provided advice regarding the proposed
action. On May 6, 2004, the Committee denied the previous petition on
the subject fabrics. However, new information was subsequently obtained
supporting the petitioners' claim that such fabrics cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
Based on the information and advice received and its understanding of
the industry, the Committee determined that the fabric set forth in the
instant petition cannot be supplied by the domestic industry in
commercial quantities in a timely manner. On June 2, 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.
The Committee hereby designates as eligible for preferential
treatment under HTSUS subheading 9820.11.27, apparel articles,
excluding gloves, that are both cut and sewn or otherwise assembled in
one or more eligible CBTPA beneficiary countries, from 100 percent
cotton yarn-dyed woven flannel fabrics, made from 14 through 41 NM
single ring-spun yarns, classified in 5208.43.00 of the HTSUS, of
construction 2 X 1 twill weave, weighing 200 grams per square meter or
less, 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, subject to the special rules for findings and trimmings,
certain interlinings and de minimis fibers and yarns under section 112
(d) of the CBTPA, 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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc.04-18526 Filed 8-12-04; 8:45 am]