[Federal Register: May 11, 2005 (Volume 70, Number 90)]
[Notices]
[Page 24767-24768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my05-24]
[[Page 24767]]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designation under the Textile and Apparel Commercial Availability
Provision of the African Growth and Opportunity Act (AGOA), the Andean
Trade Promotion and Drug Eradication Act (ATPDEA), and the U.S. -
Caribbean Basin Trade Partnership Act (CBTPA)
May 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation.
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EFFECTIVE DATE: May 11, 2005.
SUMMARY: CITA has determined that certain ring spun single yarns of
English yarn number 30 and higher of 0.9 denier or finer micro modal
fibers, classified in subheading 5510.11.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS), for use in women's and girls'
knit apparel articles, cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the AGOA, the ATPDEA,
and the CBTPA. CITA hereby designates such apparel articles that are
both cut and sewn or otherwise assembled in one or more eligible
beneficiary sub Saharan African country or in one or more eligible
CBTPA beneficiary country from U.S. formed fabrics containing such
yarns as eligible to enter free of quotas and duties under HTSUS
subheading 9819.11.24 or 9820.11.27, provided all other yarns used in
the referenced apparel articles are U.S. formed and all other fabrics
used in the referenced apparel articles are U.S. formed from yarns
wholly formed in the United States. CITA also hereby designates such
yarns as eligible under HTSUS subheading 9821.11.10, if used in women's
and girls' knit apparel articles sewn or otherwise assembled in an
eligible ATPDEA beneficiary country from U.S. formed fabric containing
such yarns; such apparel containing such yarns shall be eligible to
enter free of quotas and duties under this subheading, provided all
other yarns used in the referenced apparel articles are U.S. formed and
all other fabrics used in the referenced apparel articles are U.S.
formed from yarns wholly formed in the United States. CITA notes that
this designation under the ATPDEA renders women's and girls' knit
apparel articles sewn or otherwise assembled in an eligible ATPDEA
beneficiary country containing such yarn as eligible for quota-free and
duty-free treatment under HTSUS subheading 9821.11.13, provided the
requirements of that subheading are met.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482 3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 112(b)(5)(B) of the AGOA; Section
213(b)(2)(A)(v)(II) of the CBTPA, as added by Section 211(a) of the
CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17,
2001; Presidential Proclamations 7350 and 7351 of October 4, 2000;
Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential Proclamation
7616 of October 31, 2002, Executive Order 13277 of November 19,
2002, and the United States Trade Representative's Notice of Further
Assignment of Functions of November 25, 2002.
BACKGROUND:
The commercial availability provisions of the AGOA, the ATPDEA, and
the CBTPA provide 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 countries 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 Proclamations 7350 and 7351
of October 4, 2000 and Presidential Proclamation 7616 of October 31,
2002, the President proclaimed that this treatment would apply to such
apparel articles from fabrics or yarns designated by the appropriate
U.S. government authority in the Federal Register. In Sections 1 and 6
of Executive Order No. 13191 of January 17, 2001, Executive Order 13277
of November 19, 2002, and the United States Trade Representative's
Notice of Further Assignment of Functions of November 25, 2002, CITA
was authorized to determine whether yarns or fabrics cannot be supplied
by the domestic industry in commercial quantities in a timely manner
under the AGOA, the CBTPA, or the ATPDEA.
On December 27, 2004, CITA received a request alleging that certain
ring spun single yarns of English yarn number 30 and higher of 0.9
denier or finer micro modal fibers, described above, for use in women's
and girls' knit apparel articles, cannot be supplied by the domestic
industry in commercial quantities in a timely manner under the AGOA,
the ATPDEA and the CBTPA. It requested that such apparel articles
containing such yarns be eligible for preferential treatment under the
AGOA, the ATPDEA, and the CBTPA. On January 3, 2005, CITA requested
public comment on the petition. See Request for Public Comments on
Commercial Availability Petition under the African Growth and
Opportunity Act (AGOA), the United States - Caribbean Basin Trade
Partnership Act (CBTPA), and the Andean Trade Promotion and Drug
Eradication Act (ATPDEA), 70 FR 80 (January 3, 2005). On January 19,
2005, 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
January 19, 2005, 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 February 7, 2005, the U.S. International Trade
Commission provided advice on the request.
Based on the information and advice received and its understanding
of the industry, CITA determined that the yarn set forth in the request
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. On February 25, 2005, 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, as required by the
AGOA, the ATPDEA, and the CBTPA.
CITA hereby designates women's and girls' knit apparel articles
that are both cut and sewn or otherwise assembled in one or more
eligible beneficiary sub Saharan African country or in one or more
eligible CBTPA beneficiary country from U.S. formed fabrics containing
ring spun single yarns of English yarn number 30 and higher of 0.9
denier or finer micro modal fibers, classified in HTSUS subheading
5510.11.0000, as eligible to enter free of quotas and duties under
HTSUS subheading 9819.11.24 or 9820.11.27, provided all other yarns
used in the referenced apparel articles are U.S. formed and all other
fabrics used in the referenced apparel articles are U.S. formed 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 AGOA and section 211 (vii) of the
CBTPA, and that such articles are imported directly into the customs
territory of the United States from an eligible AGOA or CBTPA
beneficiary country.
[[Page 24768]]
CITA also hereby designates such yarns as eligible under HTSUS
subheading 9821.11.10, if used in women's and girls' knit apparel
articles sewn or otherwise assembled in an eligible ATPDEA beneficiary
country from U.S. formed fabric containing such yarns. Such apparel
containing such yarns shall be eligible to enter free of quotas and
duties under this subheading, provided all other yarns used in the
referenced apparel articles are U.S. formed and all other fabrics used
in the referenced apparel articles are U.S. formed 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 204(b)(3)(B)(vi) of the ATPDEA, and that such articles
are imported directly into the customs territory of the United States
from an eligible ATPDEA beneficiary country.
An ``eligible beneficiary sub Saharan African country'' means a
country which the President has designated as a beneficiary sub Saharan
African country under section 506A of the Trade Act of 1974 (19 U.S.C.
2466a), and which has been the subject of a finding, published in the
Federal Register, that the country has satisfied the requirements of
section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration
of such country in U.S. note 1 to subchapter XIX of chapter 98 of the
HTSUS.
An ``eligible ATPDEA beneficiary country'' means a country which
the President has designated as an ATPDEA beneficiary country under
section 203(a)(1) of the Andean Trade Preference Act (ATPA) (19 U.S.C.
3202(a)(1)), and which has been the subject of a finding, published in
the Federal Register, that the country has satisfied the requirements
of section 203(c) and (d) of the ATPA (19 U.S.C. 3202(c) and (d)),
resulting in the enumeration of such country in U.S. note 1 to
subchapter XXI of Chapter 98 of the HTSUS.
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 Caribbean Basin Recovery Act (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)), 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. 05-9412 Filed 5-10-05; 8:45 am]