Designation under the Textile and Apparel Commercial Availability Provisions of the United States-Caribbean Basin Trade Partnership Act (CBTPA), 47181-47182 [E5-4389]

Download as PDF 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 47182 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 6, 2005, the Chairman of CITA received a petition from Sandler, Travis, and Rosenberg, P.A., on behalf of Dillard’s Inc., alleging that certain 100 percent cotton, carbon-emerized, three or four-thread twill weave fabrics, of the specifications detailed below, classified in HTSUS subheading 5208.33.0000, 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 duty-free treatment under the CBTPA for 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. On April 12, 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 19060 (April 12, 2005). On April 28, 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 April 28, 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 18, 2005, the U.S. VerDate jul<14>2003 17:14 Aug 11, 2005 Jkt 205001 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 31, 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, 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, carbon-emerized, three or fourthread twill weave fabrics, of the specifications detailed below, classified in HTSUS subheading 5208.33.0000, 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: Yarn Number: Thread Count: Weave: Weight: Width: Finish: 100 percent cotton 39/1 - 41/1 metric combed ring spun warp; 39/1 - 41/1 carded ring spun filling; overall average yarn number: 38 - 40 metric 43 - 45 warp ends per centimeter; 24 - 26 filling picks per centimeter; total 61 - 71 threads per square centimeter three or four-thread twill 176 - 182 grams per square meter 168 - 172 centimeters (Piece) dyed, carbon emerized 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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. E5–4389 Filed 8–11–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF DEFENSE Department of the Army Armed Forces Epidemiological Board; Meeting AGENCY: ACTION: Department of the Army; DoD. Notice of meeting. SUMMARY: In accordance with section 10(a)(2) of Public Law 92–463, The Federal Advisory Committee Act, announcement is made of the following meeting: Name of Committee: Armed Forces Epidemiological Board (AFEB). Dates: September 20, 2005 (open meeting). September 21, 2005 (open meeting). Times: 8 a.m.–5 p.m. (September 20, 2005). 8 a.m.–4:30 p.m. (September 21, 2005). Location: The U.S. Air Force Academy, Colorado Springs, CO 80840– 4475. Agenda: The purpose of the meeting is to address pending and new Board issues, provide briefings for Board members on topics related to ongoing and new Board issues, conduct subcommittee meetings, and conduct an executive working session. FOR FURTHER INFORMATION CONTACT: Colonel Roger Gibson, Executive Secretary, Armed Forces Epidemiological Board, Skyline Six, 5109 Leesburg Pike, Room 682, Falls Church, VA 22041–3258, (703) 681– 8012/3. The entire sessions on September 20, 2005 and September 21, 2005, will be open to the public in accordance with section 552b(b) of title 5, U.S.C., specifically subparagraph (1) thereof and title 5, U.S.C., appendix 1, subsection 10(d). Open sessions of the meeting will be limited by space accommodations. Any interested person may attend, appear before or file statements with the Board SUPPLEMENTARY INFORMATION: 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]
[Pages 47181-47182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4389]


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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 carbon-
emerized, 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 
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: Naomi Freeman, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:


[[Page 47182]]


    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 6, 2005, the Chairman of CITA received a petition from 
Sandler, Travis, and Rosenberg, P.A., on behalf of Dillard's Inc., 
alleging that certain 100 percent cotton, carbon-emerized, three or 
four-thread twill weave fabrics, of the specifications detailed below, 
classified in HTSUS subheading 5208.33.0000, 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 duty-
free treatment under the CBTPA for 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. On April 12, 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 19060 (April 12, 
2005). On April 28, 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 April 28, 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 18, 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 31, 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, 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, carbon-
emerized, three or four-thread twill weave fabrics, of the 
specifications detailed below, classified in HTSUS subheading 
5208.33.0000, 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
Yarn Number:                    39/1 - 41/1 metric combed ring spun
                                 warp; 39/1 - 41/1 carded ring spun
                                 filling; overall average yarn number:
                                 38 - 40 metric
Thread Count:                   43 - 45 warp ends per centimeter; 24 -
                                 26 filling picks per centimeter; total
                                 61 - 71 threads per square centimeter
Weave:                          three or four-thread twill
Weight:                         176 - 182 grams per square meter
Width:                          168 - 172 centimeters
Finish:                         (Piece) dyed, carbon emerized 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. E5-4389 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S

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