[Federal Register: November 4, 2004 (Volume 69, Number 213)]
[Notices]
[Page 64278-64279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no04-29]
=======================================================================
-----------------------------------------------------------------------
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 twill rayon/nylon/
spandex warp stretch fabric, for use in apparel articles, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA.
-----------------------------------------------------------------------
SUMMARY: On August 31, 2004 the Chairman of CITA received a petition
from Mast Industries, Inc. alleging that certain twill rayon/nylon/
spandex warp stretch fabric, of specifications detailed below,
classified in subheading 5516.22.0040 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: 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 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 31, 2004, the Chairman of CITA received a petition from
Mast Industries, Inc. alleging that certain twill rayon/nylon/spandex
warp stretch fabric, of specifications detailed below, classified in
HTSUS subheading 5516.22.0040, 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:
HTSUS Subheading: 5516.22.0040
[[Page 64279]]
Fiber Content: 77% staple rayon/ 20% filament nylon/ 3%
filament spandex
Weight: 245 g/m2
Construction: 2 X 1 twill weave
Thread Count: 39.4 warp ends per centimeter and 29.9
filling picks per centimeter
Yarn Number: Warp: 70 denier filament nylon yarns
gimped around a core of 40 denier
monofilament spandex; filling: 10/1
c.c. staple rayon yarn
On September 8, 2004, CITA solicited public comments regarding this
petition (69 FR 54269), particularly with respect to whether these
fabrics can be supplied by the domestic industry in commercial
quantities in a timely manner. On September 24, 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 Trade Advisory Committees.
The petitioner emphasized that domestic mills do not have the
processing capabilities or equipment to manufacture warp stretch woven
fabrics. CITA found that there is domestic capacity to weave, dye and
finish the subject fabric. A variety of stretch fabric programs are
currently being manufactured in the United States. CITA concluded that
the domestic industry is capable of supplying the subject fabric in
commercial quantities in a timely manner.
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 twill rayon/nylon/spandex
warp stretch fabric, described above, classified in HTSUS subheading
5516.22.0040, for use in apparel articles, can be supplied by the
domestic industry in commercial quantities in a timely manner. Mast
Industries' request is denied.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-3013 Filed 11-3-04; 8:45 am]