[Federal Register: March 26, 2004 (Volume 69, Number 59)]
[Notices]
[Page 15818-15819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr04-56]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under 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)
March 24, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that three patented fusible
interlining fabrics, used in the construction of waistbands, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the AGOA, the CBTPA, and the ATPDEA.
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SUMMARY: On January 20, 2004, the Chairman of CITA received a petition
from Levi Strauss and Co. alleging that three patented fusible
interlining fabrics, of the specifications detailed below, classified
in subheading 5903.90.2500 of the Harmonized Tariff Schedule of the
United States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner. The petition requested that
apparel containing waistbands of such fabrics be eligible for
preferential treatment under the AGOA, the CBTPA, and the ATPDEA.
FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade
Specialist, 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 Caribbean Basin Economic Recovery Act, 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 AGOA, the CBTPA, and the ATPDEA provide 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 AGOA,
the CBTPA, and the ATPDEA also provide 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 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 (66 FR 7271) and pursuant to Executive Order No. 13277
(67 FR 70305) and the United States Trade Representative's Notice of
Redelegation of Authority and Further Assignment of Functions (67 FR
71606), CITA has been delegated the authority 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 March 6, 2001, CITA published procedures that it will
follow in considering requests (66 FR 13502).
On January 20, 2004, the Chairman of CITA received a petition from
Levi Strauss and Co. alleging that certain fusible composition
material, of the specifications detailed below, classified in HTSUS
subheading 5903.90.2500, for use in waistbands of apparel articles,
cannot be supplied by the domestic industry in commercial quantities in
a timely manner and requesting quota- and duty-free treatment under the
AGOA, the CBTPA, and the ATPDEA for apparel articles that are both cut
and sewn in one or more beneficiary countries utilizing such fabrics.
The three fabrics at issue are:
Fusible A - Composition
A knitted outer-fusible material. The fusible width variance is not
less the 3/4 inches wide (18 to 20 mm) or more the 6 inches (153 to 155
mm) wide. The fabric substrate is, synthetic fiber based (made of 49
percent polyester / 43 percent elastomeric filament / 8 percent nylon
with an average weight of 4.4 ounces, not greater than 5 ounces, a 110/
110 stretch, and a dull yarn), stretch elastomeric material with an
adhesive (thermoplastic resin) coating. This fusible may have a fiber
variance of up to 3 percent for each fiber.
Fusible B - Composition
A knitted inner and outer fusible material with an adhesive
(thermoplastic resin) coating that is applied after going through a
finishing process to remove all shrinkage from the product. The fabric
is a synthetic fiber based stretch elastomeric fusible consisting of 80
percent nylon type 6 / 20 percent elastomeric filament with a weight of
4.4 ounces, not greater than 5 ounces, a 110/110 stretch, and a dull
yarn. The fusible width variance is not less the 3/4 inches wide (18 to
20 mm) or more than 6 inches (153 to 155 mm) wide. This fusible may
have a fiber variance of up to 3 percent for each fiber.
Fusible C - Composition
A knitted fusible material used to shape countour waistbands and is
applied on top of the main fusible only a reinforcement. The fusible
width variance is not less than 1/4 inches wide (5 to 6 mm) or more
than 1 inch (25 to 27 mm) wide. The fabric is 11.2 percent nylon / 34.4
percent polyester / 54.4 percent elastomeric at a weight of 300 grams
to not greater than 400 grams per square meter. This fusible may have a
fiber variance of up to 3 percent for each fiber.
With each of these, the following applies:
a) In the length it exhibits excellent stretch and recovery
properties at low extension levels.
b) It is delivered pre-shrunk with no potential for relaxation
shrinkage during high temperature washing or fusing and deliveredlap
laid, i.e., tension free.
c) It is supplied pre-coated with an adhesive that will adhere to
100 percent cotton and other composition materials such polyester/
cotton blend during fusing at a temperature of 180 degrees Celsius.
d) The adhesive is of a melt flow index which will not strike back
[[Page 15819]]
through the interlining substrate or strike through the fabric to which
it is fused and whose adhesion level will be maintained or improved
through garment processing temperatures of up to 350 degrees Fahrenheit
and dwell times of 20 minute durations.
e) The duration and efficacy of the bond will be such that the
adhesive will not, during industrial washing, later garment wear or
after-care of 30 home washes, become detached from the fabric or base
substrate.
The finished interlining fabric is a fabric that has been coated
with an adhesive coating after going through a finishing process to
remove all shrinkage from the product and impart a stretch to the
fabric. This finishing process of imparting stretch to fabric is
patented, U.S. Patent 5,987,721.
On February 2, 2004, CITA solicited public comments regarding this
request, particularly with respect to whether these fabrics can be
supplied by the domestic industry in commercial quantities in a timely
manner. On February 18, 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 Sector
Advisory Committees.
CITA has determined that the domestic industry can supply a product
substitutable for the three fabrics described above in commercial
quantities in a timely manner. On the basis of currently available
information, including review of the request, public comment and advice
received, and its understanding of the industry, CITA has determined
that there is domestic capacity to supply a substitutable product in
commercial quantities in a timely manner. Levi Strauss and Co.'s
request is denied.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc.04-6940 Filed 3-24-04; 3:16 pm]