[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47181-47182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-52]
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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 carbon-
emerized, three or four-thread twill weave fabrics, of the
specifications detailed below, classified in subheading 5208.33.0000 of
the Harmonized Tariff Schedule of the United States (HTSUS), cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. The CITA hereby designates 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: Naomi Freeman, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
[[Page 47182]]
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 6, 2005, the Chairman of CITA received a petition from
Sandler, Travis, and Rosenberg, P.A., on behalf of Dillard's Inc.,
alleging that certain 100 percent cotton, carbon-emerized, three or
four-thread twill weave fabrics, of the specifications detailed below,
classified in HTSUS subheading 5208.33.0000, for use in 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 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. On April 12, 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 19060 (April 12,
2005). On April 28, 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 April 28, 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 18, 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 May 31, 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, 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, carbon-
emerized, three or four-thread twill weave fabrics, of the
specifications detailed below, classified in HTSUS subheading
5208.33.0000, 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
Yarn Number: 39/1 - 41/1 metric combed ring spun
warp; 39/1 - 41/1 carded ring spun
filling; overall average yarn number:
38 - 40 metric
Thread Count: 43 - 45 warp ends per centimeter; 24 -
26 filling picks per centimeter; total
61 - 71 threads per square centimeter
Weave: three or four-thread twill
Weight: 176 - 182 grams per square meter
Width: 168 - 172 centimeters
Finish: (Piece) dyed, carbon emerized on both
sides
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. E5-4389 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S