[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Notices]
[Page 69588-69589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-42]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations Under the Textile and Apparel Commercial
Availability Provisions of the United States-Caribbean Basin Trade
Partnership Act (CBTPA)
November 23, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
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SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain woven, 100 percent cotton, flannel
fabrics, of the specifications detailed below, classified in the
indicated subheadings of the Harmonized Tariff Schedule of the United
States (HTSUS), for use in products covered by textile categories 340,
341, 347, 348, 350, 351, and 352, cannot be supplied by the domestic
industry in commercial quantities in a timely manner. CITA hereby
designates such apparel articles, that are both cut and sewn or
otherwise assembled in an eligible CBTPA beneficiary 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 HTSUS subheadings 9820.11.27, to enter free of quota
and duties, provided that all other fabrics are wholly formed in the
United States from yarns wholly formed in the United States.
EFFECTIVE DATE: November 30, 2004.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 211 of the CBTPA, amending Section
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act
(CBERA); Presidential Proclamation 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 country 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
[[Page 69589]]
Presidential Proclamation 7351, the President proclaimed that this
treatment would apply to apparel articles from fabrics or yarn
designated by the appropriate U.S. government authority in the Federal
Register. In Executive Order 13191, the President authorized CITA to
determine whether yarns or fabrics cannot be supplied by the domestic
industry in commercial quantities in a timely manner.
On July 30, 2004, the Chairman of CITA received three petitions
from Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A.,
alleging that certain woven, 100 percent cotton, flannel fabrics, of
detailed specifications, classified in indicated HTSUS subheadings, for
use in shirts, trousers, nightwear, robes, dressing gowns, and woven
underwear, 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 such apparel articles that are both cut
and sewn in one or more CBTPA beneficiary countries from such fabrics.
On August 6, 2004, CITA requested public comment on the petition. See
Request for Public Comment on Commercial Availability Petition under
the United States-Caribbean Basin Trade Partnership Act (CBTPA) (69 FR
47915). On August 24, 2004, CITA and the U.S. Trade Representative
(USTR) sought the advice of the Industry Trade Advisory Committee for
Textiles and Clothing and the Industry Trade Advisory Committee for
Distribution Services. On August 24, 2004, CITA 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 August 25, 2004, the
U.S. International Trade Commission provided advice on the petitions.
Based on the information and advice received and its understanding
of the industry, CITA determined that the fabrics set forth in the
petitions cannot be supplied by the domestic industry in commercial
quantities in a timely manner. On September 10, 2004, CITA 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.
CITA hereby designates as eligible for preferential treatment under
HTSUS subheading 9820.11.27, products covered by textile categories
340, 341, 347, 348, 350, 351, and 352, that are both cut and sewn or
otherwise assembled in one or more eligible CBTPA beneficiary
countries, from certain woven, 100 percent cotton, flannel fabrics, of
the specifications detailed below, classified in the indicated HSTUS
subheadings, 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, subject to the special rules for findings and
trimmings, certain interlinings and de minimis fibers and yarns under
section 112(d) of the CBTPA, and that such articles are imported
directly into the customs territory of the United States from an
eligible CBTPA beneficiary country.
Specifications
Fabric 1 ........................................
Petitioner Style No: 4835
HTS Subheading: 5208.42.30.00
Fiber Content: 100% Cotton
Weight: 152.6 g/m2
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per centimeter; 15.7
filling picks per centimeter; total:
40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling:
20.3 metric, open end spun; overall
average yarn number: 39.4 metric
Finish: of yarns of different colors; napped on
both sides, sanforized
Fabric 2 ........................................
Petitioner Style No: 0443B
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m2
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per centimeter; 17.3
filling picks per centimeter; total:
40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling:
8.46 metric, open end spun; overall
average yarn number: 24.1 metric
Finish: Of yarns of different colors; napped on
both sides, sanforized
Fabric 3 ........................................
Petitioner Style No: 4335
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m2
Width: 160 centimeters cuttable
Thread Count: 20.1 warp ends per centimeter; 16.5
filling picks per centimeter; total:
36.6 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 23.3 metric
Finish: Of yarns of different colors; napped on
both sides, sanforized
An ``eligible CBTPA beneficiary 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 HTSUS.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. E4-3388 Filed 11-29-04; 8:45 am]