[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Notices]
[Page 36327-36328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-43]
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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)
June 21, 2006.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation.
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EFFECTIVE DATE: June 26, 2006.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain 100 percent cotton, yarn-dyed, 3- or
4-thread twill weave, flannel fabrics, of combed, ring spun single
yarns, of the specifications detailed below, classified in subheading
5208.43.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS), for use in products in Categories 340, 341, and 350, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. The CITA hereby designates products in Categories 340, 341, and
350 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 subheading 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: Maria K. Dybczak, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482 3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 213(b)(2)(A)(v)(II) of 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
[[Page 36328]]
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 February 7, 2006, 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, yarn-dyed 3- or 4-thread twill weave,
flannel fabrics, of combed, ring spun single yarns, of the
specifications detailed below, classified in HTSUS subheading
5208.43.0000, for use in woven cotton shirts, blouses, and dressing
gowns, 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 woven cotton shirts, blouses, and
dressing gowns that are both cut and sewn or otherwise assembled in one
or more CBTPA beneficiary countries from such fabrics. On February 13,
2006, 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) (71 FR 7542). On
March 1, 2006, CITA and the U.S. Trade Representative (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 March 22, 2006 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 April 7, 2006, 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, products in Categories 340, 341, and 350,
that are both cut and sewn or otherwise assembled in one or more
eligible CBTPA beneficiary countries, from certain 100 percent cotton,
3- or 4-thread twill weave, flannel fabrics, of yarn-dyed, combed, and
ring spun single 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, 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: 98- 150 g/m2
Thread Count: 39 - 66 warp ends per centimeter; 27 -
39 filling picks per centimeter
Yarn Number: 84 - 86 average warp and filling, ring
spun, combed
Weave: 3- or 4-thread twill
Finish: Of yarns of different colors; dyed with
fiber reactive dyes; plaids, checks and
stripes, napped on both sides and pre-
shrunk.
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.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. E6-10032 Filed 6-23-06; 8:45 am]
BILLING CODE 3510-DS-S