Designations under the Textile and Apparel Commercial Availability Provisions of the United States-Caribbean Basin Trade Partnership Act (CBTPA), 5613 [05-2086]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Page 5613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2086]



[[Page 5613]]

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provisions of the United States-Caribbean Basin Trade 
Partnership Act (CBTPA)

January 28, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Designation.

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SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain woven, 100 percent cotton, double-
napped, flannel fabric, of the specification detailed below, classified 
in subheading 5209.31.6050 of the Harmonized Tariff Schedule of the 
United States (HTSUS), for use in products covered by textile 
categories 340, 341, 347, 348, 350, 351, and woven underwear in 
category 352, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The CITA hereby designates such apparel 
articles, that are both cut and sewn or otherwise assembled in an 
eligible CBTPA beneficiary country, from this fabric 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 are wholly formed in the United States 
from yarns wholly formed in the United States.

EFFECTIVE DATE: February 3, 2005.

FOR FURTHER INFORMATION CONTACT: Janet 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 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 September 23, 2004, the Chairman of CITA received a petition 
from Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A., 
alleging that certain woven, 100 percent cotton, double-napped flannel 
fabric, of detailed specifications, classified in HTSUS subheading 
5209.31.6050, for use in shirts, trousers, nightwear, robes, dressing 
gowns, and woven underwear, 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 such apparel articles that are 
both cut and sewn in one or more CBTPA beneficiary countries from such 
fabrics. On September 28, 2004, 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) (69 FR 57905). On October 19, 2004, 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 October 17, 2004, 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 November 4, 2004, the 
U.S. International Trade Commission provided advice on the petitions.
    Based on the information and advice received and its understanding 
of the industry, CITA determined that the fabric set forth in the 
petition cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. On November 19, 2004, CITA 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.
    CITA hereby designates as eligible for preferential treatment under 
HTSUS subheading 9820.11.27, products covered by textile categories 
340, 341, 347, 348, 350, 351, and woven underwear in category 352, that 
are both cut and sewn or otherwise assembled in one or more eligible 
CBTPA beneficiary countries, from certain woven, 100 percent cotton, 
double-napped, flannel fabric, of the specifications detailed below, 
classified in the indicated HSTUS subheadings, 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, subject to the 
special rules for findings and trimmings, certain interlinings and de 
minimis fibers and yarns under section 112(d) 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:

 
 
 
Petitioner Style No:            2897A
HTS Subheading:                 5209.31.6050
Fiber Content:                  100% Cotton
Weight:                         203 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   21 warp ends per centimeter; 18 filling
                                 picks per centimeter; total: 39 threads
                                 per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 13.54 metric, open end spun; overall
                                 average yarn number: 19.2 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 

    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. 05-2086 Filed 2-2-05; 8:45 am]
BILLING CODE 3510-DS