[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Notices]
[Pages 29550-29551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13664]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Short Supply Request under the United States--Caribbean 
Basin Trade Partnership Act (CBTPA)

May 24, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Denial of the petition alleging 100 percent polyester yarn of 
150 denier/140 filament textured polyester containing one end of 75/70 
cationic dyeable polyester intermingled with one end of 75/70 disperse 
dyeable polyester, for use in knit fabric, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner.

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FOR FURTHER INFORMATION CONTACT: Lori Mennitt, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.
SUMMARY: On March 26, 2001 the Chairman of CITA received a petition 
from Val D'or and Malden Mills alleging that 100 percent polyester yarn 
of 150 denier/140 filament textured polyester containing one end of 75/
70 cationic dyeable polyester intermingled with one end of 75/70 
disperse dyeable polyester, for use in knit fabric, classified in 
subheading 5402.33.60 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. It requested that the 
President proclaim that apparel articles of U.S. formed fabrics of such 
yarns be eligible for preferential treatment under the CBTPA. Based on 
currently available information, CITA has determined that U.S. 
producers have the ability to supply this product in commercial 
quantities in a timely manner and therefore denies the petition.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive Order No. 13191 of January 17, 2001.

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 or 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 CBTPA 
beneficiary countries from fabric or yarn that is not formed in the 
United States or a CBTPA beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and the President has 
proclaimed such treatment. In Executive Order No. 13191, the President 
delegated to CITA 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 and directed CITA to establish 
procedures to ensure appropriate public participation in any such 
determination. On March 6, 2001, CITA published procedures that it will 
follow in considering requests. (66 FR 13502).
    On March 26, 2001 the Chairman of CITA received a petition from Val 
D'or and Malden Mills alleging that 100 percent polyester yarn of 150 
denier/140 filament textured polyester containing one end of 75/70 
cationic dyeable polyester intermingled with one end of 75/70 disperse 
dyeable polyester, for use in knit fabric, classified in subheading 
5402.33.60 of the HTSUS, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. They requested that the 
President proclaim that apparel articles of U.S. formed fabrics of such 
yarns be eligible for preferential treatment under the CBTPA. CITA 
solicited public comments regarding this request (66 FR 17534, 
published on April 2, 2001) particularly with respect to whether this 
yarn can be supplied by the domestic industry in commercial quantities 
in a timely manner.

[[Page 29551]]

    Based on its review of the petition and the information received, 
CITA has determined that the petition has not established that this 
yarn cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. CITA finds that there is substantial 
U.S. capacity to produce this yarn, and the petition does not 
demonstrate the contrary. CITA concludes in the context of this 
petition that U.S. producers have the ability to supply this yarn in 
commercial quantities in a timely manner. Val D'or and Malden Mills' 
request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.01-13664 Filed 5-25-01; 2:30 pm]
BILLING CODE 3510-DR-F