[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47180-47181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-51]
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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)
August 9, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation.
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EFFECTIVE DATE: August 12, 2005.
SUMMARY: CITA has determined that certain 100 percent cotton, 2 x 2
twill weave, flannel fabrics, of ring spun and combed 2 ply yarns, of
the specifications detailed below, classified in subheading
5208.43.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS), cannot be supplied by the domestic industry in commercial
quantities in a timely manner. CITA hereby designates men's and boys'
woven cotton shirts and women's and girl's woven cotton shirts and
blouses, 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, including fabrics not formed from yarns, if such fabrics
are classifiable under HTS heading 5602 or 5603 and are 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:
[[Page 47181]]
Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin
Economic Recovery Act, 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 April 8, 2005, the Chairman of CITA received a petition from
Oxford Industries alleging that certain 100 percent cotton, 2 x 2 twill
weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the
specifications detailed below, classified in HTSUS subheading
5208.43.0000, for use in men's and boys' woven cotton shirts and
women's and girls' woven cotton shirts and blouses, cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
It requested quota- and duty-free treatment under the CBTPA for such
apparel articles that are both cut and sewn or otherwise assembled in
one or more eligible CBTPA beneficiary countries from such fabrics. On
April 14, 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 19735 (April 14, 2005). On May 3, 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 May 3, 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 May 20, 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 June 3, 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 and
women's and girls' woven cotton shirts and blouses, that are both cut
and sewn or otherwise assembled in one or more eligible CBTPA
beneficiary countries, from certain 100 percent cotton, 2 x 2 twill
weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the
specifications detailed below, classified in HTSUS subheading
5208.43.0000, 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,
including fabrics not formed from yarns, if such fabrics are
classifiable under HTS heading 5602 or 5603 and are 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 percent cotton
Weight: 150 - 160 g/m2
Width: 148 - 152 centimeters
Thread Count: 50 - 52 warp ends per cm (25-26 x two
plies)
45 - 46 filling picks per cm (21-23 x
two plies)
92 - 98 thread per square cm (46-49 x
two plies)
Yarn Number: 34 metric warp and filling, ring spun
and combed, two ply, average yarn
number 60-62 metric
Weave: 2 x 2 twill
Finish: Yarns of different colors; napped
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. E5-4388 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S