[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Notices]               
[Page 23237-23238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-44]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Denial of Short Supply Request under the United States--Caribbean 
Basin Trade Partnership Act (CBTPA)

May 3, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Denial of the petition alleging that 30 and 36 singles solution 
dyed staple spun viscose yarn, for use in knit fabrics, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner.

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FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.
SUMMARY: On March 12, 2001 the Chairman of CITA received a petition 
from Fabrictex alleging that 30 and 36 singles solution dyed staple 
spun viscose yarn, for use in knit fabrics, classified in subheading 
5510.11.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS), cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. It requested that the President proclaim 
that apparel articles of U.S. formed fabrics of such yarns be eligible 
for preferential treatment under the CBTPA. As a result, CITA published 
a Federal Register Notice (66 FR 154111, March 19, 2001) requesting 
public comments on the petition. These comments were due April 3, 2001. 
Based on currently available information, CITA has determined that 
these products can be supplied by the domestic industry in commercial 
quantities in a timely manner and therefore denies the petition.

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 or 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 or a CBTPA beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and the President has 
proclaimed such treatment. 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 March 12, 2001 the Chairman of CITA received a petition from 
Fabrictex alleging that 30 and 36 singles solution dyed staple spun 
viscose yarn, for use in knit fabrics, classified in subheading 
5510.11.0000 of the HTSUS, cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. It requested that the 
President proclaim that apparel articles of U.S. formed fabrics of such 
yarns be eligible for preferential treatment under the CBTPA.
    CITA solicited public comments regarding this request (66 FR 
154111, published on March 19, 2001) particularly with respect to 
whether 30 and 36 singles solution dyed staple spun viscose yarn, 
classified in HTSUS heading 5510.11.0000, can be supplied by the 
domestic industry in commercial quantities in a timely manner.
    On the basis of currently available information, including its 
review of the petition and public comments received and its 
understanding of the industry, CITA has determined that Fabrictex has 
not established that these yarns cannot be supplied by the domestic 
industry in commercial quantities in a timely manner, and has 
determined that these yarns can be so supplied. Written

[[Page 23238]]

statements were provided by five U.S. manufacturers stating that they 
can produce these yarns, and U.S. companies state that they have the 
equipment, capacity, and desire to produce these yarns in commercial 
quantities in a timely manner and, in fact, are currently producing 
these yarns. After submitting the petition, Fabrictex approached 
several of these companies about their production of these yarns. 
Fabrictex's request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 01-11602 Filed 5-4-01; 10:50 am]
BILLING CODE 3510-DR-F