[Federal Register: March 11, 2005 (Volume 70, Number 47)]
[Notices]
[Page 12204-12205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr05-57]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under the United
States-Caribbean Basin Trade Partnership Act (CBTPA), African Growth
and Opportunity Act (AGOA), and the Andean Trade Promotion and Drug
Eradication Act (ATPDEA)
March 7, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain anti-microbial
elastomeric filament yarn, of the specifications below, classified in
under subheadings 5402.49.9005 and 5404.10.8005 of the Harmonized
Tariff Schedule of the United States (HTSUS), cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA, AGOA, and ATPDEA.
-----------------------------------------------------------------------
SUMMARY: On January 3, 2005 the Chairman of CITA received a petition
from Alston & Bird, LLP, on behalf of Ge-Ray Fabrics, Inc., alleging
that certain anti-microbial elastomeric filament yarn, of the
specifications
[[Page 12205]]
below, classified in under subheadings 5402.49.9005 and 5404.10.8005 of
the Harmonized Tariff Schedule of the United States (HTSUS), cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. The petition requested that knit apparel articles from such
yarns or from U.S. formed fabrics containing such yarns, be eligible
for preferential treatment under the African Growth and Opportunity Act
(AGOA), the U.S. - Caribbean Basin Trade Partnership Act (CBTPA), and
the Andean Trade Promotion and Drug Eradication Act (ATPDEA).
FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, International Trade
Specialist, 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 Caribbean Basin Economic Recovery Act, 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 Redelegation of Authority and
Further Assignment of Functions of November 25, 2002.
Background
The AGOA, the CBTPA, and the ATPDEA provide 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 AGOA,
the CBTPA, and the ATPDEA also provide 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 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 (66 FR 7271) and pursuant to Executive Order No. 13277
(67 FR 70305) and the United States Trade Representative's Notice of
Redelegation of Authority and Further Assignment of Functions (67 FR
71606), CITA has been delegated the authority 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 March 6, 2001, CITA published procedures that it will
follow in considering requests (66 FR 13502).
On January 3, 2005 the Chairman of CITA received a petition from
Alston & Bird, LLP, on behalf of Ge-Ray Fabrics, Inc., alleging that
certain anti-microbial elastomeric filament yarn in under subheadings
5402.49.9005 and 5404.10.8005 of the Harmonized Tariff Schedule of the
United States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner. The petition requested that
knit apparel articles from such yarns or from U.S. formed fabrics
containing such yarns, be eligible for preferential treatment under the
AGOA, the CBTPA, and the ATPDEA.
On January 10, 2005, CITA published a Federal Register notice
requesting public comments on the request, particularly with respect to
whether these yarns can be supplied by the domestic industry in
commercial quantities in a timely manner. See Request for Public
Comments on a Commercial Availability Request under the African Growth
and Opportunity Act (AGOA), Caribbean Basin Trade Partnership Act
(CBTPA), and the Andean Trade Promotion and Drug Eradication Act
(ATPDEA), 70 FR 1694 (January 10, 2005). On January 26, 2005, CITA and
USTR offered to hold consultations with the House Ways and Means
Committee and the Senate Finance Committee, but no consultations were
requested. We also requested advice from the U.S. International Trade
Commission and the relevant Industry Trade Advisory Committees.
CITA found that anti-microbial elastomeric yarn can be supplied by
the domestic industry in commercial quantities and in a timely manner.
Specifically, CITA found that there are several domestic manufacturers
who currently produce the subject yarns and are capable of producing
the subject yarn, or a substitutable yarn with the same
characteristics, 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 there is domestic capacity to
supply the subject product, or a substitutable product, in commercial
quantities in a timely manner. Ge-Ray's request is denied.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-1028 Filed 3-10-05; 8:45 am]