[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Notices]
[Page 21398-21399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-42]
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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)
April 20, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation
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EFFECTIVE DATE: April 26, 2005.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain woven fabric, of the specifications
detailed below, classified in the indicated subheadings of the
Harmonized Tariff Schedule of the United States (HTSUS), for use in
boys' suits, trousers, and suit-type jackets or blazers, sizes 2T - 20,
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,
[[Page 21399]]
from this fabric 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.
FOR FURTHER INFORMATION CONTACT: Martin J. Walsh, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482 2818.
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 December 12, 2004, the Chairman of CITA received a petition from
Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that a certain woven fabric, of the specifications
detailed below, classified in the indicated subheadings 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 boys' suits, trousers, and suit-
type jackets or blazers, sizes 2T - 20, of such fabrics assembled in
one or more CBTPA beneficiary countries be eligible for preferential
treatment under the CBTPA. On December 20, 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 75933). On January 5, 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 5, 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 January
24, 2005, 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 fabric set forth in the
petition cannot be supplied by the domestic industry in commercial
quantities in a timely manner. On February 10, 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.
CITA hereby designates as eligible for preferential treatment under
HTSUS subheading 9820.11.27, boys' suits, trousers, and suit-type
jackets or blazers, sizes 2T - 20, that are both cut and sewn or
otherwise assembled in one or more eligible CBTPA beneficiary
countries, from a certain woven fabric, of the specifications detailed
below, classified in the indicated HTSUS subheadings, not formed in the
United States, provided that all other fabrics used in the referenced
apparel articles 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 Fancy polyester filament fabric
HTS Subheading: 5407.53.20.20 & 5407.53.20.60
Fiber Content: 100% Polyester
Width: 58/60 inches
Construction: Plain, twill and satin weaves, in
combinations of 75 denier, 100 denier,
150 denier, and 300 denier yarn sizes,
with mixes of 25% cationic/75%
disperse, 50% cationic/50% disperse,
and 100% cationic.
Dyeing: Containing at least three different
yarns, each of which is dyed a
different color
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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-1978 Filed 4-26-05; 8:45 am]