[Federal Register: October 12, 2004 (Volume 69, Number 196)]
[Notices]
[Page 60618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc04-43]
[[Page 60618]]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request Under the United
States--Caribbean Basin Trade Partnership Act (CBTPA)
October 5, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain woven fabrics, of
the specifications detailed below, for use in apparel articles, cannot
be supplied by the domestic industry in commercial quantities in a
timely manner under the CBTPA.
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SUMMARY: On August 3, 2004 the Chairman of CITA received four petitions
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that certain woven fabrics, of the specifications
detailed below, classified in the indicated subheadings of the
Harmonized Tariff Schedule of the United States (HTSUS), for use in
apparel articles, cannot be supplied by the domestic industry in
commercial quantities in a timely manner. It requested that apparel of
such fabrics be eligible for preferential treatment under the CBTPA.
Based on currently available information, CITA has determined that
these 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: Martin J. Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2818.
SUPPLEMENTARY INFORMATION:
Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin
Economic Recovery Act, as added by Section 211(a) of the CBTPA;
Section 6 of Executive Order No. 13191 of January 17, 2001.
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 CBTPA
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, the President delegated
to CITA 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 and directed CITA to establish procedures to
ensure appropriate public participation in any such determination. On
March 6, 2001, CITA published procedures that it will follow in
considering requests. (66 FR 13502).
On August 3, 2004, the Chairman of CITA received four petitions
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that certain woven fabrics, of the specifications
detailed below, classified in the indicated subheadings of the
Harmonized Tariff Schedule of the United States (HTSUS), for use in
apparel articles, cannot be supplied by the domestic industry in
commercial quantities in a timely manner and requesting quota- and
duty-free treatment under the CBTPA for apparel articles that are both
cut and sewn in one or more CBTPA beneficiary countries from such
fabrics. The petition for Fabric Number 2 was subsequently withdrawn.
On August 9, 2004, CITA solicited public comments regarding the
three petitions (69 FR 48224), particularly with respect to whether
these fabrics can be supplied by the domestic industry in commercial
quantities in a timely manner. On August 25, 2004, CITA and the Office
of the U.S. Trade Representative offered to hold consultations with the
relevant Congressional committees. We also requested the advice of the
U.S. International Trade Commission and the relevant Industry Trade
Advisory Committees.
Based on the information provided, including review of the
petitions, public comments, advice received, and our knowledge of the
industry, CITA has determined that certain woven fabrics, of the
specifications detailed below, classified in the indicated subheadings
of the Harmonized Tariff Schedule of the United States (HTSUS), for use
in apparel articles, can be supplied by the domestic industry in
commercial quantities in a timely manner. Sharretts, Paley, Carter &
Blauvelt's requests are denied.
Specifications:
Fabric 1 Twill Fabric
HTS Subheadings: 5208.33.00.00 & 5209.32.00.20
Fiber Content: 100% Cotton
Width: 57/58 inches
Construction: Two-ply in the warp and fill, of combed
cotton ring spun yarns, 132 x 67, yarn
sizes 40 x 2/21 x 2
Dyeing: Continuous Dyeing
Fabric 3 Fancy polyester filament fabric
HTS Subheading: 5407.52.20.20, 5407.52.20.60,
5407.53.20.20 & 5407.53.20.60
Fiber Content: 100% Polyester
Width: 58/60 inches
Construction: Plain, twill and satin weaves, in
combinations of 75 denier, 100 denier,
150 denier, and 300 denier yarn sizes,
with mixes of 25% cationic/75%
disperse, 50% cationic/50% disperse,
and 100% cationic.
Dyeing: (Piece) dyed or of yarns of different
colors
Fabric 4 190T polyester lining fabric
HTS Subheading: 5407.61.99.25-35
Fiber Content: 100% Polyester
Construction: 110 x 80, 68 denier x 68 denier
Dyeing: Jet overflow and jet spinning methods
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-2570 Filed 10-8-04; 9:45 am]