Designation under the Textile and Apparel Commercial Availability Provisions of the United States Caribbean Basin Trade Partnership Act (CBTPA), 39756-39757 [E5-3654]
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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices
See 19 CFR 351.310(c). Any hearing, if
requested, will be held 37 days after the
date of publication of this notice. See 19
CFR 351.310(d). Interested parties may
submit case briefs and/or written
comments no later than 30 days after the
date of publication of these preliminary
results of review. See 19 CFR
351.309(c)(ii). Rebuttal briefs and
rebuttals to written comments, limited
to issues raised in such briefs or
comments, may be filed no later than 35
days after the date of publication. See 19
CFR 351.309(d). The Department
requests that parties submitting written
comments also provide the Department
with an additional copy of those
comments on diskette. The Department
will issue the final results of this
administrative review, which will
include the results of its analysis of
issues raised in any such comments,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
will issue appropriate assessment
instructions directly to CBP upon
completion of this review. If these
preliminary results are adopted in our
final results of review, we will direct
CBP to assess the resulting rate against
the entered customs value for the
subject merchandise on each importer’s/
customer’s entries during the POR.
Additionally, the Department will
instruct CBP to assess antidumping
duties for these rescinded companies
(i.e., ZMC, Weihai Machinery, and Chin
Jun) at rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
Cash-Deposit Requirements
The following cash-deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for each of the reviewed
companies will be the rate listed in the
final results of review (except where the
rate for a particular company is de
minimis, i.e., less than 0.5 percent, no
cash deposit will be required for that
company); (2) for previously
investigated companies not listed above,
VerDate jul<14>2003
16:03 Jul 08, 2005
Jkt 205001
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less than fair value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be the
‘‘PRC-wide’’ rate of 60.95 percent.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Act, and 19 CFR
351.221(b).
Dated: June 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–13503 Filed 7–8–05; 8:45 am]
BILLING CODE 3510–DS–P
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)
July 5, 2005.
The Committee for the
Implementation of Textile Agreements
(CITA)
ACTION: Designation.
AGENCY:
EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(CITA) has determined that certain 100
percent cotton, 4-thread twill weave and
herringbone twill weave, flannel fabrics,
of yarn-dyed, ring spun, and plied
yarns, of the specifications detailed
below, classified in subheadings
5209.43.0050 and 5209.49.0090 of the
Harmonized Tariff Schedule of the
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
United States (HTSUS), for use in men’s
and boys’ woven cotton shirts, cannot
be supplied by the domestic industry in
commercial quantities in a timely
manner. The CITA hereby designates
men’s and boys’ woven cotton shirts,
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.
FOR FURTHER INFORMATION CONTACT:
Janet Heinzen, 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
(CBERA), 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 March 9, 2005, the Chairman of
CITA received a petition from Sandler,
Travis, and Rosenberg, P.A., on behalf of
B*W*A, alleging that certain 100
percent cotton, 4-thread twill weave and
herringbone twill weave, flannel fabrics,
of yarn-dyed, ring spun, and plied
yarns, of the specifications detailed
below, classified in HTSUS subheadings
5209.43.0050 and 5209.49.0090, for use
in men’s and boys’ woven cotton shirts,
cannot be supplied by the domestic
industry in commercial quantities in a
E:\FR\FM\11JYN1.SGM
11JYN1
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices
timely manner. It requested quota- and
duty-free treatment under the CBTPA
for men’s and boys’ woven cotton shirts
that are both cut and sewn or otherwise
assembled in one or more CBTPA
beneficiary countries from such fabrics.
On March 15, 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
12654, (March 15, 2005). On March 31,
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
March 31, 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 April 14, 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 4, 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, men’s and boys’
woven cotton shirts, that are both cut
and sewn or otherwise assembled in one
or more eligible CBTPA beneficiary
countries, from certain 100 percent
cotton, 4-thread twill weave and
herringbone twill weave, flannel fabrics,
of yarn-dyed, ring spun, and plied
yarns, of the specifications detailed
below, classified in HTSUS subheadings
5209.43.0050 and 5209.49.0090, 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, 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.
VerDate jul<14>2003
17:13 Jul 08, 2005
Jkt 205001
Specifications:
Fiber Content:
Weight:
Width:
Thread Count:
Yarn Number:
Weave:
Finish:
100% Cotton
301 - 303 g/m2
142 - 145 centimeters
25 - 26 warp ends per centimeter; 23 - 24 filling picks
per centimeter; total: 48 50 threads per square centimeter
35/2 - 36/2 metric warp and
filling, ring spun; overall average yarn number 32 - 34
metric
4-thread twill; Herringbone
twill
Of two or more yarns of different colors in the warp
and filling; napped 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. E5–3654 Filed 7–8–05; 8:45 am]
BILLING CODE 3510–DS–S
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)
July 5, 2005.
The Committee for the
Implementation of Textile Agreements
(CITA)
ACTION: Designation.
AGENCY:
EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(CITA) has determined that certain 100
percent cotton, double faced irregular
sateen weave, flannel fabrics, of yarndyed, single yarns, of the specifications
detailed below, classified in subheading
5209.59.0025 of the Harmonized Tariff
Schedule of the United States (HTSUS),
for use in woven cotton shirts and
blouses, cannot be supplied by the
domestic industry in commercial
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
39757
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 quotafree 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.
FOR FURTHER INFORMATION CONTACT:
Janet Heinzen, 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
(CBERA), 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 March 9, 2005, the Chairman of
CITA received a petition from Sandler,
Travis, and Rosenberg, P.A., on behalf of
B*W*A, alleging that certain 100
percent cotton, double faced irregular
sateen weave, flannel fabrics, of yarndyed, single yarns, of the specifications
detailed below, classified in HTSUS
subheading 5209.59.0025, 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 dutyfree treatment under the CBTPA for
woven cotton shirts and blouses that are
E:\FR\FM\11JYN1.SGM
11JYN1
]]>Agencies
[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39756-39757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3654]
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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)
July 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Designation.
-----------------------------------------------------------------------
EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain 100 percent cotton, 4-thread twill
weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring
spun, and plied yarns, of the specifications detailed below, classified
in subheadings 5209.43.0050 and 5209.49.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS), for use in men's and boys' woven
cotton shirts, cannot be supplied by the domestic industry in
commercial quantities in a timely manner. The CITA hereby designates
men's and boys' woven cotton shirts, 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.
FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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 (CBERA), 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 March 9, 2005, the Chairman of CITA received a petition from
Sandler, Travis, and Rosenberg, P.A., on behalf of B*W*A, alleging that
certain 100 percent cotton, 4-thread twill weave and herringbone twill
weave, flannel fabrics, of yarn-dyed, ring spun, and plied yarns, of
the specifications detailed below, classified in HTSUS subheadings
5209.43.0050 and 5209.49.0090, for use in men's and boys' woven cotton
shirts, cannot be supplied by the domestic industry in commercial
quantities in a
[[Page 39757]]
timely manner. It requested quota- and duty-free treatment under the
CBTPA for men's and boys' woven cotton shirts that are both cut and
sewn or otherwise assembled in one or more CBTPA beneficiary countries
from such fabrics. On March 15, 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 12654, (March 15, 2005). On March 31, 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 March 31, 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 April
14, 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 4, 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, men's and boys' woven cotton shirts, that
are both cut and sewn or otherwise assembled in one or more eligible
CBTPA beneficiary countries, from certain 100 percent cotton, 4-thread
twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed,
ring spun, and plied yarns, of the specifications detailed below,
classified in HTSUS subheadings 5209.43.0050 and 5209.49.0090, 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, 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% Cotton
Weight: 301 - 303 g/m2
Width: 142 - 145 centimeters
Thread Count: 25 - 26 warp ends per centimeter; 23 -
24 filling picks per centimeter; total:
48 - 50 threads per square centimeter
Yarn Number: 35/2 - 36/2 metric warp and filling,
ring spun; overall average yarn number
32 - 34 metric
Weave: 4-thread twill; Herringbone twill
Finish: Of two or more yarns of different colors
in the warp and filling; napped 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. E5-3654 Filed 7-8-05; 8:45 am]
BILLING CODE 3510-DS-S
