[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Notices]
[Page 69587-69588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-41]
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request Under the United
States-Caribbean Basin Trade Partnership Act (CBTPA)
November 24, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain circular knit
jersey fabric for use in apparel articles cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA.
-----------------------------------------------------------------------
SUMMARY: On September 20, 2004, the Chairman of CITA received a
petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn,
Inc. of New York (Jaclyn), alleging that certain circular single knit
jersey fabric of the specifications detailed below, classified in
subheading 6006.34.00.80 of the Harmonized Tariff Schedule of the
United States (HTSUS), cannot be
[[Page 69588]]
supplied by the domestic industry in commercial quantities in a timely
manner. The petition requests that women's and girl's nightwear of such
fabric assembled in one or more CBTPA beneficiary countries be eligible
for preferential treatment under the CBTPA.
FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
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 September 20, 2004, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of
New York, alleging that certain circular single knit jersey fabric of
the specifications detailed below, classified in subheading
6006.34.00.80 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 petition requests that women's and
girl's nightwear of such fabric assembled in one or more CBTPA
beneficiary countries be eligible for preferential treatment under the
CBTPA.
Specifications
Fabric Description single knit jersey, jacquard geometric
rib stitch
Petitioner Style No 4944
HTS Subheading 6006.34.00.80
Fiber Content 64% polyester staple/35.5%-35.8% cotton/
0.2%-0.5% spandex
Weight 6.06 sq. meters/kg
Yarn Size 54.14 metric (32/1 English), spun,
filament core
Gauge 28
Finish (Piece) dyed and printed
Stretch Characteristics 25% from relaxed state; 90% recovery to
relaxed state
On September 23, 2004, CITA published a Federal Register notice
requesting public comments on the request, particularly with respect to
whether these fabrics can be supplied by the domestic industry in
commercial quantities in a timely manner. On October 14, 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.
Through the ITC report and our contacts with domestic industry, we
learned that there is domestic capacity and ability to supply 28-gauge
circular knit fabric, which is a standard size for the U.S. industry.
The ITC report and follow-up calls made by a CITA representative
confirmed that there are two U.S. companies who have 28-gauge knitting
machines and state they have the ability to make the subject 28-gauge
fabric.
CITA has determined that the domestic industry can supply the
subject fabric described above in commercial quantities in a timely
manner. On the basis of currently available information and our review
of this request, CITA has determined that there is domestic capacity to
supply a substitutable product in commercial quantities in a timely
manner. Jaclyn's request is denied.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. E4-3389 Filed 11-29-04; 8:45 am]