[Federal Register: December 27, 2004 (Volume 69, Number 247)]
[Notices]
[Page 77231-77232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de04-41]
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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)
December 21, 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, napped
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 woven underwear in category 352, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. The 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: December 27, 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
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 August 12, 2004, the Chairman of CITA received a petition from
Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A.,
alleging that certain woven, 100 percent cotton, napped 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 18, 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 51269). On September 3, 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 September 3, 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
petition cannot be supplied by the domestic industry in commercial
quantities in a timely manner. On October 5, 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 woven underwear in category 352, that
are both cut and sewn or otherwise assembled in one or more eligible
CBTPA beneficiary countries, from certain woven, 100 percent cotton,
napped 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.
[[Page 77232]]
Specifications:
Fabric 1: ........................................
Petitioner Style No: 62BU1600240A
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 16.53
filling picks per centimeter; total:
40.94 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 14.04 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 2: ........................................
Petitioner Style No: 62BU1600240B
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 305 g/m2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 18.11
filling picks per centimeter; total:
42.52 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 13.95 metric
Finish: (Piece) dyed; 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. E4-3822 Filed 12-23-04; 8:45 am]
BILLING CODE 6717-01-S