[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Notices]
[Page 18878-18879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-34]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations under the Textile and Apparel Commercial
Availability Provision of the Andean Trade Promotion and Drug
Eradication Act (ATPDEA)
April 6, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
-----------------------------------------------------------------------
SUMMARY: The Committee has determined that certain viscose rayon
filament yarns, of the specifications detailed below, classified in
subheading 5403.41.0000 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
ATPDEA. The Committee hereby designates that apparel articles, made
from fabrics formed in the U.S. or an eligible beneficiary ATPDEA
country containing such yarns, that are sewn or otherwise assembled in
an eligible ATPDEA beneficiary country, shall be eligible to enter free
of quotas and duties under HTSUS subheading 9821.11.10,
[[Page 18879]]
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.
Specifications:
1. Viscose Filament Yarn
DTEX 166/40 Bright Centrifugal
Tenacity, cN/tex, min. - 142.0
Elongation at rupture, % - 18.0 - 24.0
Elongation at rupture variation factory, % max. - 8.1
Twist direction - S
2. Viscose Filament Yarn
DTEX 330/60 Bright Centrifugal
Tenacity, cN/tex, min. - 142.0
Elongation at rupture, % - 18.0 - 24.0
Elongation at rupture variation factor, % max. - 8.1
Twist direction - S
EFFECTIVE DATE: April 9, 2004.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: 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 provision of the ATPDEA 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 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 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 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 ATPDEA.
On November 24, 2003, the Committee received a request alleging
that certain viscose rayon filament yarns, of the specifications
detailed above, cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the ATPDEA. It requested
that apparel articles containing such yarns be eligible for
preferential treatment under the ATPDEA. On December 1, 2003, the
Committee requested public comment on the petition (68 FR 67153). On
December 17, 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 December 17, 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 January 5, 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 January 28, 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 ATPDEA.
The Committee hereby designates apparel articles, made from fabrics
formed in the U.S. or an eligible beneficiary ATPDEA country containing
such yarns, that are sewn or otherwise assembled in an eligible ATPDEA
beneficiary country, shall be 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 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 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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-8209 Filed 4-8-04; 8:45 am]