[Federal Register: March 5, 2004 (Volume 69, Number 44)]
[Notices]
[Page 10431-10432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr04-54]
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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)
and the U.S. - Caribbean Trade Partnership Act (CBTPA)
March 2, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
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SUMMARY: The Committee has determined that micro-denier 30 singles and
36 singles solution dyed, open-end spun, staple spun viscose yarn,
classified in subheading 5510.11.0000 of the Harmonized Tariff Schedule
of the United States (HTS), for use in manufacturing fabrics, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the AGOA and the CBTPA. The Committee hereby designates
apparel articles that are both cut and sewn or otherwise assembled in
one or more eligible beneficiary sub-Saharan African country or in one
or more eligible CBTPA beneficiary country 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 or
yarns wholly formed in the United States, including fabrics not formed
from yarns, if such fabrics are classifiable under HTS heading 5602 or
5603 and are wholly formed in the United States.
EFFECTIVE DATE: March 5, 2004.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Authority: Section 112(b)(5)(B) of the AGOA; Section
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act
(CBERA), 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.
BACKGROUND
The commercial availability provisions of the AGOA 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, 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, 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 or the CBTPA.
On November 3, 2003, the Committee received a request alleging that
micro-denier 30 singles and 36 singles solution dyed, open-end spun,
staple spun viscose yarn, described above, for use in manufacturing
fabrics, cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the AGOA and the CBTPA. It
requested that apparel articles from U.S. formed fabrics containing
such yarns be eligible for preferential treatment under the AGOA and
the CBTPA. On November 12, 2003, the Committee requested public comment
on the petition (68 FR 68086). On November 28, 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
November 28, 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 (collectively, the
Congressional Committees). On December 15, 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 yarn set forth in the request cannot
be supplied by the domestic industry in commercial quantities in a
timely manner. On January 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, as
required by the AGOA and the CBTPA.
[[Page 10432]]
The Committee hereby designates apparel articles that are both cut
and sewn or otherwise assembled in one or more eligible beneficiary
sub-Saharan African country or in one or more eligible CBTPA
beneficiary country from U.S. formed fabrics containing micro-denier 30
singles and 36 singles solution dyed, open-end spun, staple spun
viscose yarn, produced on open-ended spindles, classified in subheading
HTS subheading 5510.11.0000 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, including fabrics not formed
from yarns, if such fabrics are classifiable under HTS heading 5602 or
5603 and are wholly formed in the United States.
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 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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-4990 Filed 3-04-04; 8:45 am]