[Federal Register: November 4, 2004 (Volume 69, Number 213)]
[Notices]
[Page 64279-64280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no04-30]
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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)
October 29, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain woven fabrics, of
the specifications detailed below, 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 August 24, 2004 the Chairman of CITA received a petition
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that certain woven fabrics, of the specifications
detailed below, classified in the indicated subheadings 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. 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: Martin J. Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2818.
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 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 August 24, 2004, the Chairman of CITA received a petition from
Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that certain woven fabrics, of the specifications
detailed below, classified in the indicated subheadings 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 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.
Specifications:
Fabric 1 Fancy polyester/rayon blend suiting
fabric
HTS Subheading: 5515.11.00.05
Fiber Content: 65% polyester/35% rayon
Width: 58/59 inches
Construction: Made on the worsted wool system with two-
ply combed and ring spun yarns in the
warp and fill
Dyeing: Yarns are made from dyed fibers
Fabric 2 Fancy polyester/rayon blend suiting
fabric
HTS Subheading: 5515.11.00.05
Fiber Content: 65% polyester/35% rayon
Width: 58/59 inches
Construction: Made on the synthetic system with two-
ply carded and ring spun yarns in the
warp and fill
Dyeing: Yarns are made from dyed fibers
On August 31, 2004, CITA solicited public comments regarding this
petition (69 FR 53047), particularly with respect to whether these
fabrics can be supplied by the domestic industry in commercial
quantities in a timely manner. On September 16, 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
[[Page 64280]]
relevant Industry Trade Advisory Committees.
CITA found that there are several domestic manufacturers with the
ability to weave the subject fabrics. There was a general concern
expressed about the sourcing of the required rayon staple fibers.
However, rayon fiber can be sourced worldwide and be used in qualifying
U.S. formed fabric for preferential treatment under the CBTPA.
Based on the information provided, including review of the
petition, public comments and advice received, and our knowledge of the
industry, CITA has determined that certain woven fabrics, of the
specifications detailed below, classified in the indicated subheadings
of the Harmonized Tariff Schedule of the United States (HTSUS), for use
in apparel articles, can be supplied by the domestic industry in
commercial quantities in a timely manner. Sharretts, Paley, Carter &
Blauvelt's request is denied.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-3012 Filed 11-3-04; 8:45 am]