[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]
[Page 22008-22009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-47]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations under the Textile and Apparel Commercial
Availability Provisions of the Caribbean Basin Trade Partnership Act
(CBTPA)
April 19, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
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SUMMARY: The Committee has determined that certain fabrics, classified
in subheading 5210.11 of the Harmonized Tariff Schedule of the United
States (HTSUS), not of square construction, containing more than 70
warp ends and filling picks per square centimeter, of average yarn
number exceeding 70 metric, used in the production of women's and
girls' blouses, cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the CBTPA. The Committee
hereby designates such apparel articles that are both cut and sewn or
otherwise assembled in an eligible country from these fabrics as
eligible for quota-free and duty-free treatment under the textile and
apparel commercial availability provisions of the CBTPA, and eligible
under the HTSUS subheading 9820.11.27 to enter free of quotas and
duties, provided all other fabrics are U.S. formed from yarns wholly
formed in the U.S., 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: April 23, 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 211 of the CBTPA, amending Section
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act
(CBERA); Presidential Proclamations 7351 of October 2, 2000;
Executive Order No. 13191 of January 17, 2001.
Background
The commercial availability provision of the CBTPA 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 CBTPA countries from fabric or yarn that is not formed in
the United States or a beneficiary CBTPA country if it has been
determined that such yarns or fabrics cannot be supplied
[[Page 22009]]
by the domestic industry in commercial quantities in a timelymanner and
certain procedural requirements have been met. In Presidential
Proclamation 7351, 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 13191, the President authorized the Committee to
determine whether particular yarns or fabrics cannot be supplied by the
domestic industry in commercial quantities ina timely manner under the
CBTPA.
On December 18, 2003, the Committee received a request alleging
that certain fabrics, classified in HTSUS subheading 5210.11, not of
square construction, containing more than 70 warp ends and filling
picks per square centimeter, of average yarn number exceeding 70
metric, used in the production of women's and girls' blouses, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA. It requested that apparel articles from such
fabrics be eligible for preferential treatment under the CBTPA. On
December 24, 2003, the Committee requested public comment on the
petition (68 FR 74554). On January 9, 2004, 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 January 9, 2004,
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 29, 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 fabrics set forth in the request cannot be supplied by the domestic
industry in commercial quantities in a timely manner. On February 13,
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 CBTPA.
The Committee hereby designates as eligible for preferential
treatment under subheading 9820.11.27 of the HTSUS, women's and girls'
blouses, that are both cut and sewn or otherwise assembled in one or
more eligible beneficiary CBTPA countries, from fabrics, classified in
subheading 5210.11 of the Harmonized Tariff Schedule of the United
States (HTSUS), not of square construction, containing more than 70
warp ends and filling picks per square centimeter, of average yarn
number exceeding 70 metric, not formed in the United States, provided
that all other fabrics are wholly formed in the United States from
yarns wholly formed in the United States, including fabrics not formed
from yarns, is such fabrics are classifiable under HTS heading 5602 or
5603 and are wholly formed in the United States, that are imported
directly into the customs territory of the United States from an
eligible beneficiary CBTPA country.
An ``eligible beneficiary CBTPA 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)) and resulting in the
enumeration of such country in U.S. note 1 to subchapter XX of chapter
98 of the HTS.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-9188 Filed 4-22-04; 8:45 am]