[Federal Register: December 21, 2004 (Volume 69, Number 244)]
[Notices]
[Page 76455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de04-32]
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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)
December 15, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Denial of the request alleging that certain colored open end
spun yarns for use in chief weight cotton sweaters cannot be supplied
by the domestic industry in commercial quantities in a timely manner
under the CBTPA.
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SUMMARY: On October 12, 2004, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Bernette Textile
Co, LLC of New York, NY, alleging that certain colored open end spun
yarns ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/
1 metric) of a blend of reclaimed and reprocessed cotton and acrylic
staple fiber, for use in chief weight cotton sweaters, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. The petition requested that such apparel made from such yarn be
eligible for preferential treatment under the CBTPA.
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 October 12, 2004, the Chairman of CITA received a petition from
Sandler, Travis & Rosenberg, P.A., on behalf of Bernette Textile Co,
LLC of New York, NY, alleging that certain colored open end spun yarns
ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1
metric) of a blend of reclaimed and reprocessed cotton and acrylic
staple fiber, for use in chief weight cotton sweaters, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. It requested that such apparel made from such yarn be eligible
for preferential treatment under the CBTPA.
Specifications:
HTS Subheadings: 5206.11.00.00, 5206.12.00.00.
Description: Open end spun yarn of uncombed fibers.
Size: 10 to 31 metric count.
Fiber Content: In chief weight of cotton reclaimed from fabric
scraps blended with producer dyed acrylic stable produced under license
from Outlast Technologies, Inc.
On October 20, 2004, CITA published a Federal Register notice
requesting public comments on the request, particularly with respect to
whether these yarns can be supplied by the domestic industry in
commercial quantities in a timely manner (69 FR 61658). On November 5,
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 upon the ITC report and information provided by the domestic
industry, CITA finds that there is domestic capacity and ability to
supply colored open end spun yarns of a blend of reclaimed and
reprocessed cotton and acrylic staple fiber in commercial quantities
and a timely manner. CITA finds that the assertion of a patent or
license as a barrier to domestic production of the subject product is
not a sufficient reason alone to conclude that the product cannot be
supplied by domestic industry in commercial quantities in a timely
manner.
On the basis of currently available information and our review of
this request, CITA has determined that there is domestic capacity to
supply the subject product in commercial quantities in a timely manner.
Bernette's request is denied.
James C. Leonard, III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-27911 Filed 12-20-04; 8:45 am]