[Federal Register: January 3, 2005 (Volume 70, Number 1)]
[Notices]
[Page 80-81]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja05-41]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Requests under the United
States-Caribbean Basin Trade Partnership Act (CBTPA)
December 23, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the requests alleging that certain circular knit
jersey fabrics 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 October 19, 2004, the Chairman of CITA received two
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn,
Inc. of New York, alleging that certain circular single knit jersey
fabrics of the
[[Page 81]]
specifications detailed below, classified in subheadings 6006.31.00.80
and 6006.32.00.80 of the Harmonized Tariff Schedule of the United
States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner. These petitions requested
that women's and girl's nightwear of such fabric assembled in one or
more CBTPA beneficiary countries be eligible for preferential treatment
under the CBTPA.
FOR FURTHER INFORMATION CONTACT: Anna Flaaten, 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 October 19, 2004, the Chairman of CITA received two petitions
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of
New York (Jaclyn), alleging that certain circular single knit jersey
fabrics of the specifications detailed below, classified in subheadings
6006.31.00.80 and 6006.32.00.80 of the HTSUS, cannot be supplied by the
domestic industry in commercial quantities in a timely manner. These
petitions requested that women's and girl's nightwear of such fabrics
assembled in one or more CBTPA beneficiary countries be eligible for
preferential treatment under the CBTPA.
Specifications:
Specifications: ........................................
Fabric 1 ........................................
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4934A
HTS Subheading: 6006.32.00.80
Fiber Content: 66-68% polyester staple/32-34% cotton/
0.2-0.5% spandex
Weight: 6.165 sq. meters/kg
Yarn Size: 54.14 metric (32/1 English), spun,
filament core
Gauge: 24
Finish: (Piece) dyed
Stretch Characteristics: Minimum 25% from relaxed state; 90%
recovery to relaxed state
Fabric 2 ........................................
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4944S
HTS Subheading: 6006.31.00.80 & 6006.32.00.80
Fiber Content: 64% polyester/35.5 - 35.8% cotton/0.2 -
0.5% spandex
Weight: 6.06 sq. meters/kg
Yarn Size: 54.14 metric (32/1 English), spun,
filament core
Gauge: 28
Finish: Bleached or (Piece) dyed
Stretch Characteristics: 25% from relaxed state; 90% recovery to
relaxed state
On October 26, 2004, CITA published a Federal Register notice
requesting public comments on the requests, particularly with respect
to whether these fabrics can be supplied by the domestic industry in
commercial quantities in a timely manner. On November 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
relevant Industry Trade Advisory Committees.
Given the information in the ITC report and provided by the
domestic industry, CITA finds that there is domestic capacity and
ability to supply both 24-gauge and 28-gauge circular knit fabric. The
ITC report and follow-up calls made by a CITA representative confirmed
that there are several U.S. companies that have 24-gauge or 28-gauge
knitting machines, or both, and state they have the ability to make the
subject fabrics in commercial quantities and in a timely manner.
On the basis of currently available information and our review of
this request, CITA has determined that the domestic industry can supply
the subject fabric described above in commercial quantities in a timely
manner. Jaclyn's requests are denied.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc.04-28716 Filed 12-30-04; 8:45 am]