[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]               
[Page 47180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-50]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Denial of Commercial Availability Request under United States-
Caribbean Basin Trade Partnership Act (CBTPA)

August 9, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Denial of the request alleging that certain 100 percent cotton, 
yarn dyed in the warp direction, seersucker fabrics cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
under the CBTPA.

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SUMMARY: On June 7, 2005, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of 
New York City, alleging that certain 100 percent cotton, yarn dyed in 
the warp direction, plain weave double warp beam seersucker fabrics, of 
detailed specifications, classified in subheadings 5208.42.30, 
5208.42.40, 5208.42.50, and 5209.41.60 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 requests that woven shirts, blouses, and sleepwear of such 
fabrics be eligible for preferential treatment under the CBTPA. CITA 
has determined that the subject fabrics can be supplied by the domestic 
industry in commercial quantities and in a timely manner and, 
therefore, denies the request.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211(a) of the CBTPA amending Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act 
(CBERA); Section 6 of Executive Order No. 13191 of January 17, 2001; 
Presidential Proclamation7351 of October 2, 2000.

Background:

    The CBTPA provides 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 CBTPA also provides 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 CBTPA. On March 6, 2001, CITA published 
procedures that it will follow in considering requests (66 FR 13502).
    On June 7, 2005, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of 
New York City, alleging that certain 100 percent cotton, yarn dyed in 
the warp direction, plain weave double warp beam seersucker fabrics, of 
detailed specifications, classified in HTSUS subheadings 5208.42.30, 
5208.42.40, 5208.42.50, and 5209.41.60, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. The 
petition requests that woven shirts, blouses, and sleepwear of such 
fabrics be eligible for referential treatment under the CBTPA.
    On June 13, 2005, CITA published a notice in the Federal Register 
requesting public comments on the petition particularly with respect to 
whether these fabrics 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 United States - 
Caribbean Basin Trade Partnership Act (CBTPA), 70 FR 34091 (June 13, 
2005). On June 29, 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 fabrics in commercial quantities in a timely manner.
    On the basis of currently available information and our review of 
this request, CITA has determined that the domestic industry can supply 
the subject fabrics in commercial quantities in a timely manner. The 
request from B*W*A is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-4387 Filed 8-11-05; 8:45 am]

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