[Federal Register: April 21, 2004 (Volume 69, Number 77)]
[Notices]
[Page 21500-21501]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap04-32]
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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)
April 16, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain yarn-dyed, 100
percent cotton woven flannel fabrics, made from ring-spun yarns, for
use in apparel articles, cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the CBTPA.
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SUMMARY: On February 13, 2004 the Chairman of CITA received a petition
from Oxford Industries, Inc. alleging that certain 100 percent cotton
woven flannel fabrics, made from 21 through 36 NM single ring-spun
yarns of different colors, classified in subheading 5208.43.00 of the
Harmonized Tariff Schedule of the United States (HTSUS) of 2 X 1 twill
weave construction, weighing not more than 200 grams per square meter,
for use in apparel articles, cannot be supplied by the domestic
industry in commercial quantities in a timely manner. It requested that
apparel of such fabrics be eligible for preferential treatment under
the CBTPA. Based on currently available information, CITA has
determined that these subject fabrics can be supplied by the domestic
industry in commercial quantities in a timely manner and therefore
denies the request.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade
Specialist, 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, 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
[[Page 21501]]
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 February 13, 2004, the Chairman of CITA received a petition from
Oxford Industries, Inc. alleging that certain 100 percent cotton woven
flannel fabrics, made from 21 through 36 NM single ring-spun yarns of
different colors, classified in HTSUS subheading 5208.43.00, of 2 X 1
twill weave construction, weighing not more than 200 grams per square
meter, 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.
On February 19, 2004, CITA solicited public comments regarding this
request (69 FR 7727), particularly with respect to whether these
fabrics can be supplied by the domestic industry in commercial
quantities in a timely manner. On March 6, 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.
Based on the information provided, including review of the request,
public comments and advice received, and our knowledge of the industry,
CITA has determined that certain 100 percent cotton woven flannel
fabrics, made from single ring-spun yarns of different colors, of 2 X 1
twill weave construction, weighing not more than 200 grams per square
meter, for use in apparel articles, can be supplied by the domestic
industry in commercial quantities in a timely manner. Oxford
Industries, Inc.'s petition is denied.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.04-9057 Filed 4-20-04; 8:45 am]