[Federal Register: July 11, 2005 (Volume 70, Number 131)]
[Notices]
[Page 39756-39757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy05-42]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designation under the Textile and Apparel Commercial Availability
Provisions of the United States Caribbean Basin Trade Partnership Act
(CBTPA)
July 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation.
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EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain 100 percent cotton, 4-thread twill
weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring
spun, and plied yarns, of the specifications detailed below, classified
in subheadings 5209.43.0050 and 5209.49.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS), for use in men's and boys' woven
cotton shirts, cannot be supplied by the domestic industry in
commercial quantities in a timely manner. The CITA hereby designates
men's and boys' woven cotton shirts, that are both cut and sewn or
otherwise assembled in one or more eligible CBTPA beneficiary countries
from such 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 in the referenced
apparel articles are wholly formed in the United States from yarns
wholly formed in the United States.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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 (CBERA), as added by Section 211(a) of the
CBTPA; Presidential Proclamation 7351 of October 2, 2000; Section 6
of 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 March 9, 2005, the Chairman of CITA received a petition from
Sandler, Travis, and Rosenberg, P.A., on behalf of B*W*A, alleging that
certain 100 percent cotton, 4-thread twill weave and herringbone twill
weave, flannel fabrics, of yarn-dyed, ring spun, and plied yarns, of
the specifications detailed below, classified in HTSUS subheadings
5209.43.0050 and 5209.49.0090, for use in men's and boys' woven cotton
shirts, cannot be supplied by the domestic industry in commercial
quantities in a
[[Page 39757]]
timely manner. It requested quota- and duty-free treatment under the
CBTPA for men's and boys' woven cotton shirts that are both cut and
sewn or otherwise assembled in one or more CBTPA beneficiary countries
from such fabrics. On March 15, 2005, 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), 70 FR 12654, (March 15, 2005). On March 31, 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 March 31, 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 April
14, 2005, the U.S. International Trade Commission provided advice on
the petition.
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 May 4, 2005, CITA and USTR submitted
a report to the Congressional Committees that set forth the action
proposed, the reasons for such action, and the 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, men's and boys' woven cotton shirts, that
are both cut and sewn or otherwise assembled in one or more eligible
CBTPA beneficiary countries, from certain 100 percent cotton, 4-thread
twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed,
ring spun, and plied yarns, of the specifications detailed below,
classified in HTSUS subheadings 5209.43.0050 and 5209.49.0090, not
formed in the United States. The referenced apparel articles are
eligible 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 211(b)(2)(A)(vii) 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:
Fiber Content: 100% Cotton
Weight: 301 - 303 g/m2
Width: 142 - 145 centimeters
Thread Count: 25 - 26 warp ends per centimeter; 23 -
24 filling picks per centimeter; total:
48 - 50 threads per square centimeter
Yarn Number: 35/2 - 36/2 metric warp and filling,
ring spun; overall average yarn number
32 - 34 metric
Weave: 4-thread twill; Herringbone twill
Finish: Of two or more yarns of different colors
in the warp and filling; napped on both
sides
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. E5-3654 Filed 7-8-05; 8:45 am]