[Federal Register: April 28, 2003 (Volume 68, Number 81)]
[Notices]
[Page 22363-22364]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap03-35]
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Designations Under the Textile and Apparel Commercial
Availability Provisions of the Caribbean Basin Trade Partnership Act
(CBTPA)
April 22, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements (The
Committee).
ACTION: Designation.
-----------------------------------------------------------------------
SUMMARY: The Committee has determined that certain fabrics, classified
in subheadings 5210.21 and 5210.31 of the Harmonized Tariff Schedule of
the United States (HTSUS), not of square construction, containing more
than 70 warp ends and filling picks per square centimeter, of average
yarn number exceeding 70 metric, used in the production of women's and
girls' blouses, cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the CBTPA. The Committee
hereby designates such apparel articles that are both cut and sewn or
otherwise assembled in an eligible CBTPA beneficiary country from these
fabrics as eligible for quota-free and duty-free treatment under the
commercial availability provisions of the CBTPA, and eligible under the
HTSUS subheading 9820.11.27 to enter free of quotas and duties,
provided all other fabrics are U.S. formed from yarns wholly formed in
the U.S.
FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 211 of the CBTPA, amending Section
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act
(CBERA); Presidential Proclamation 7351 of October 2, 2000;
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 countries from fabric or yarn that is not formed in
the United States or a beneficiary CBTPA country 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
[[Page 22364]]
treatment would apply to such apparel articles from fabrics or yarns
designated by the appropriate U.S. government authority in the Federal
Register. In Executive Order 13191, the President authorized the
Committee to determine whether particular yarns or fabrics cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA.
On December 18, 2002, the Committee received a request alleging
that certain fabrics, classified in subheadings 5210.21 and 5210.31 of
the Harmonized Tariff Schedule of the United States (HTSUS), not of
square construction, containing more than 70 warp ends and filling
picks per square centimeter, of average yarn number exceeding 70
metric, used in the production of women's and girls' blouses, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA and requesting that women's and girls' blouses
from such fabrics be eligible for preferential treatment under the
CBTPA. On December 24, 2002, the Committee requested public comment on
the petition (67 FR 78424). On January 9, 2003, the Committee and the
U.S. Trade Representative (USTR) sought the advice of the Industry
Sector Advisory Committee for Wholesaling and Retailing and the
Industry Sector Advisory Committee for Textiles and Apparel. On January
9, 2003, the Committee 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 January 29, 2003, the U.S. International Trade
Commission provided advice on the request. Based on the information and
advice received and its understanding of the industry, the Committee
determined that the fabrics set forth in the request cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
On February 14, 2003, the Committee and USTR submitted a report to the
Congressional Committees that set forth the action proposed, the
reasons for such action, and advice obtained. A period of 60 calendar
days since this report was submitted has expired, as required by the
CBTPA.
The Committee hereby designates as eligible for preferential
treatment under subheading 9820.11.27 of the HTSUS, women's and girls'
blouses, that are both cut and sewn or otherwise assembled in one or
more eligible beneficiary CBTPA countries, from fabrics, classified in
subheadings 5210.21 and 5210.31 of the HTSUS, not of square
construction, containing more than 70 warp ends and filling picks per
square centimeter, of average yarn number exceeding 70 metric, not
formed in the United States, provided that all other fabrics are wholly
formed in the United States from yarns wholly formed in the United
States, that are imported directly into the customs territory of the
United States from an eligible beneficiary CBTPA country. An article
otherwise eligible for preferential treatment under this designation
shall not be ineligible for such treatment because the article contains
findings, trimmings, certain interlinings or de minimis foreign yarn,
as specified in Section 213(b)(2)(A)(vii)(I), (II), and (III) of the
CBTPA.
An ``eligible beneficiary CBTPA 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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 03-10363 Filed 4-25-03; 8:45 am]