[Federal Register: July 21, 2005 (Volume 70, Number 139)]
[Notices]               
[Page 42041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy05-49]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Denial of Commercial Availability Request under the African 
Growth and Opportunity Act (AGOA) and the United States-Caribbean Basin 
Trade Partnership Act (CBTPA)

July 18, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain woven bamboo/cotton 
fabric cannot be supplied by the domestic in commercial quantities in a 
timely manner under the AGOA and the CBTPA.

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SUMMARY: On May 18, 2005 the Chairman of CITA received a petition from 
Columbia Sportswear Company alleging that certain woven bamboo/cotton 
fabric, of detailed specifications, classified in subheading 
5516.42.0022 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 apparel 
articles of such fabrics be eligible for preferential treatment under 
the AGOA and the CBTPA. CITA has determined that the subject fabrics 
can be supplied by the domestic industry in commercial quantities in a 
timely manner and, therefore, denies the request.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, 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 211(a) of 
the CBTPA amending Section 213(b)(2)(A)(v)(II) of the Caribbean 
Basin Economic Recovery Act (CBERA); Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001; Presidential Proclamations 7350 
and 7351 of October 2, 2000.

    Background: The AGOA and the CBTPA 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 and the 
CBTPA 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), 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 and the CBTPA. 
On March 6, 2001, CITA published procedures that it will follow in 
considering requests (66 FR 13502).
    On May 18, 2005, the Chairman of CITA received a petition from 
Columbia Sportswear Company alleging that certain woven bamboo/cotton 
fabric, of detailed specifications, classified in HTSUS subheading 
5516.42.0022, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The petition requested that apparel 
articles of such fabric be eligible for preferential treatment under 
the AGOA and the CBTPA.
    On May 25, 2005, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether this fabric can be supplied by the domestic industry in 
commercial quantities in a timely manner. See Request for Public 
Comments on Commercial Availability Petition under the African Growth 
and Opportunity Act (AGOA) and the United States - Caribbean Basin 
Trade Partnership Act (CBTPA), 70 FR 30088 (May 25, 2005). On June 10, 
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.
    Based on the information and advice received by CITA, public 
comments, and the report from the International Trade Commission, CITA 
found that there is domestic production, capacity, and ability to 
supply the subject fabric in commercial quantities 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 fabric in commercial quantities in a timely manner. 
The request from Columbia Sportswear Company is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-3907 Filed 7-20-05; 8:45 am]

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