Designations under the Textile and Apparel Commercial Availability Provisions of the United States Caribbean Basin Trade Partnership Act (CBTPA), 21398-21399 [E5-1978]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21398-21399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1978]


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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)

April 20, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation

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EFFECTIVE DATE: April 26, 2005.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain woven fabric, of the specifications 
detailed below, classified in the indicated subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS), for use in 
boys' suits, trousers, and suit-type jackets or blazers, sizes 2T - 20, 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. CITA hereby designates such apparel articles, that are 
both cut and sewn or otherwise assembled in an eligible CBTPA 
beneficiary country,

[[Page 21399]]

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.

FOR FURTHER INFORMATION CONTACT: Martin J. Walsh, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482 2818.

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 December 12, 2004, the Chairman of CITA received a petition from 
Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman & 
Tobin, alleging that a certain woven fabric, of the specifications 
detailed below, classified in the indicated subheadings 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 requested that boys' suits, trousers, and suit-
type jackets or blazers, sizes 2T - 20, of such fabrics assembled in 
one or more CBTPA beneficiary countries be eligible for preferential 
treatment under the CBTPA. On December 20, 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 75933). On January 5, 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 January 5, 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 January 
24, 2005, 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 February 10, 2005, 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, boys' suits, trousers, and suit-type 
jackets or blazers, sizes 2T - 20, that are both cut and sewn or 
otherwise assembled in one or more eligible CBTPA beneficiary 
countries, from a certain woven fabric, of the specifications detailed 
below, classified in the indicated HTSUS subheadings, not formed in the 
United States, provided that all other fabrics used in the referenced 
apparel articles 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:

 
 
 
Fabric                          Fancy polyester filament fabric
HTS Subheading:                 5407.53.20.20 & 5407.53.20.60
Fiber Content:                  100% Polyester
Width:                          58/60 inches
Construction:                   Plain, twill and satin weaves, in
                                 combinations of 75 denier, 100 denier,
                                 150 denier, and 300 denier yarn sizes,
                                 with mixes of 25% cationic/75%
                                 disperse, 50% cationic/50% disperse,
                                 and 100% cationic.
Dyeing:                         Containing at least three different
                                 yarns, each of which is dyed a
                                 different color
 

    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. E5-1978 Filed 4-26-05; 8:45 am]
BILLING CODE 3510-DS-S