Denial of Commercial Availability Request under United States-Caribbean Basin Trade Partnership Act (CBTPA), 47180 [E5-4387]

Download as PDF 47180 Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices Dated: August 8, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E5–4383 Filed 8–11–05; 8:45 am] BILLING CODE 3510–GT–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Denial of Commercial Availability Request under United StatesCaribbean Basin Trade Partnership Act (CBTPA) August 9, 2005. Committee for the Implementation of Textile Agreements (CITA) ACTION: Denial of the request alleging that certain 100 percent cotton, yarn dyed in the warp direction, seersucker fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. AGENCY: SUMMARY: On June 7, 2005, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of New York City, alleging that certain 100 percent cotton, yarn dyed in the warp direction, plain weave double warp beam seersucker fabrics, of detailed specifications, classified in subheadings 5208.42.30, 5208.42.40, 5208.42.50, and 5209.41.60 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 woven shirts, blouses, and sleepwear of such fabrics be eligible for preferential treatment under the CBTPA. CITA has determined that the subject fabrics can be supplied by the domestic industry in commercial quantities and in a timely manner and, therefore, denies the request. FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 211(a) of the CBTPA amending Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act (CBERA); Section 6 of Executive Order No. 13191 of January 17, 2001; Presidential Proclamation7351 of October 2, 2000. Background: The CBTPA provides for quota- and duty-free treatment for qualifying textile and apparel products. Such treatment is generally limited to products VerDate jul<14>2003 17:14 Aug 11, 2005 Jkt 205001 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 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 (66 FR 7271), CITA has been delegated 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. On March 6, 2001, CITA published procedures that it will follow in considering requests (66 FR 13502). On June 7, 2005, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of New York City, alleging that certain 100 percent cotton, yarn dyed in the warp direction, plain weave double warp beam seersucker fabrics, of detailed specifications, classified in HTSUS subheadings 5208.42.30, 5208.42.40, 5208.42.50, and 5209.41.60, cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that woven shirts, blouses, and sleepwear of such fabrics be eligible for referential treatment under the CBTPA. On June 13, 2005, CITA published a notice in the Federal Register requesting public comments on the petition particularly with respect to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. See Request for Public Comments on Commercial Availability Petition under the United States - Caribbean Basin Trade Partnership Act (CBTPA), 70 FR 34091 (June 13, 2005). On June 29, 2005, CITA and USTR offered to hold consultations with the House Ways and Means Committee and the Senate Finance Committee, but no consultations were requested. We also requested advice from the U.S. International Trade Commission and the relevant Industry Trade Advisory Committees. Based on the information and advice received by CITA, public comments, and the report from the International Trade Commission, CITA found that there is domestic production, capacity, and ability to supply the subject fabrics in commercial quantities in a timely manner. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 On the basis of currently available information and our review of this request, CITA has determined that the domestic industry can supply the subject fabrics in commercial quantities in a timely manner. The request from B*W*A is denied. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E5–4387 Filed 8–11–05; 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 StatesCaribbean Basin Trade Partnership Act (CBTPA) August 9, 2005. The Committee for the Implementation of Textile Agreements (CITA) ACTION: Designation. AGENCY: August 12, 2005. has determined that certain 100 percent cotton, 2 x 2 twill weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the specifications detailed below, classified in subheading 5208.43.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. CITA hereby designates men’s and boys’ woven cotton shirts and women’s and girl’s 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, including fabrics not formed from yarns, if such fabrics are classifiable under HTS heading 5602 or 5603 and are 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: EFFECTIVE DATE: SUMMARY: CITA E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

Committee for the Implementation of Textile Agreements

[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Page 47180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4387]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request under United States-
Caribbean Basin Trade Partnership Act (CBTPA)

August 9, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Denial of the request alleging that certain 100 percent cotton, 
yarn dyed in the warp direction, seersucker fabrics cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
under the CBTPA.

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SUMMARY: On June 7, 2005, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of 
New York City, alleging that certain 100 percent cotton, yarn dyed in 
the warp direction, plain weave double warp beam seersucker fabrics, of 
detailed specifications, classified in subheadings 5208.42.30, 
5208.42.40, 5208.42.50, and 5209.41.60 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 woven shirts, blouses, and sleepwear of such 
fabrics be eligible for preferential treatment under the CBTPA. CITA 
has determined that the subject fabrics can be supplied by the domestic 
industry in commercial quantities and in a timely manner and, 
therefore, denies the request.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211(a) of the CBTPA amending Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act 
(CBERA); Section 6 of Executive Order No. 13191 of January 17, 2001; 
Presidential Proclamation7351 of October 2, 2000.

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 
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 (66 FR 7271), CITA has 
been delegated 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. On March 6, 2001, CITA published 
procedures that it will follow in considering requests (66 FR 13502).
    On June 7, 2005, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of 
New York City, alleging that certain 100 percent cotton, yarn dyed in 
the warp direction, plain weave double warp beam seersucker fabrics, of 
detailed specifications, classified in HTSUS subheadings 5208.42.30, 
5208.42.40, 5208.42.50, and 5209.41.60, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. The 
petition requests that woven shirts, blouses, and sleepwear of such 
fabrics be eligible for referential treatment under the CBTPA.
    On June 13, 2005, CITA published a notice in the Federal Register 
requesting public comments on the petition particularly with respect to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. See Request for Public 
Comments on Commercial Availability Petition under the United States - 
Caribbean Basin Trade Partnership Act (CBTPA), 70 FR 34091 (June 13, 
2005). On June 29, 2005, CITA and USTR offered to hold consultations 
with the House Ways and Means Committee and the Senate Finance 
Committee, but no consultations were requested. We also requested 
advice from the U.S. International Trade Commission and the relevant 
Industry Trade Advisory Committees.
    Based on the information and advice received by CITA, public 
comments, and the report from the International Trade Commission, CITA 
found that there is domestic production, capacity, and ability to 
supply the subject fabrics in commercial quantities in a timely manner.
    On the basis of currently available information and our review of 
this request, CITA has determined that the domestic industry can supply 
the subject fabrics in commercial quantities in a timely manner. The 
request from B*W*A is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-4387 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S

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