Designation under the Textile and Apparel Commercial Availability Provisions of the United States-Caribbean Basin Trade Partnership Act (CBTPA), 47180-47181 [E5-4388]

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 Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, 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 April 8, 2005, the Chairman of CITA received a petition from Oxford Industries alleging 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 HTSUS subheading 5208.43.0000, for use in men’s and boys’ woven cotton shirts and women’s and girls’ woven cotton shirts and blouses, cannot be supplied by the domestic industry in commercial quantities in a timely manner. It requested quota- and duty-free treatment under the CBTPA for such apparel articles that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary countries from such fabrics. On April 14, 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 19735 (April 14, 2005). On May 3, 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 May 3, 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 VerDate jul<14>2003 17:14 Aug 11, 2005 Jkt 205001 Congressional Committees). On May 20, 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 June 3, 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 and women’s and girls’ woven cotton shirts and blouses, that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary countries, from 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 HTSUS subheading 5208.43.0000, 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, 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, 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: Weight: Width: Thread Count: Yarn Number: Weave: Finish: 100 percent cotton 150 - 160 g/m2 148 - 152 centimeters 50 - 52 warp ends per cm (25-26 x two plies) 45 - 46 filling picks per cm (21-23 x two plies) 92 - 98 thread per square cm (46-49 x two plies) 34 metric warp and filling, ring spun and combed, two ply, average yarn number 60-62 metric 2 x 2 twill Yarns of different colors; napped An ‘‘eligible CBTPA beneficiary country’’ means a country which the President has designated as a CBTPA beneficiary country under section PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 47181 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. E5–4388 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 carbonemerized, three or four-thread twill weave fabrics, of the specifications detailed below, classified in subheading 5208.33.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. 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, 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: Naomi Freeman, 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

[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47180-47181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4388]


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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)

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

ACTION: Designation.

-----------------------------------------------------------------------

EFFECTIVE DATE: August 12, 2005.
SUMMARY: CITA 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 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, 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:


[[Page 47181]]


    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, 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 April 8, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging 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 HTSUS subheading 
5208.43.0000, for use in men's and boys' woven cotton shirts and 
women's and girls' woven cotton shirts and blouses, cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
It requested quota- and duty-free treatment under the CBTPA for such 
apparel articles that are both cut and sewn or otherwise assembled in 
one or more eligible CBTPA beneficiary countries from such fabrics. On 
April 14, 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 19735 (April 14, 2005). On May 3, 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 May 3, 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 May 20, 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 June 3, 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 and 
women's and girls' woven cotton shirts and blouses, that are both cut 
and sewn or otherwise assembled in one or more eligible CBTPA 
beneficiary countries, from 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 HTSUS subheading 
5208.43.0000, 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, 
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, 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 percent cotton
Weight:                         150 - 160 g/m2
Width:                          148 - 152 centimeters
Thread Count:                   50 - 52 warp ends per cm (25-26 x two
                                 plies)
                                45 - 46 filling picks per cm (21-23 x
                                 two plies)
                                92 - 98 thread per square cm (46-49 x
                                 two plies)
Yarn Number:                    34 metric warp and filling, ring spun
                                 and combed, two ply, average yarn
                                 number 60-62 metric
Weave:                          2 x 2 twill
Finish:                         Yarns of different colors; napped
 

    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. E5-4388 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S
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