[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Notices]
[Pages 36561-36562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17437]


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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)

July 6, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Denial of request alleging that microfilament fabric of 
continuous polyester and nylon filaments with average size of 0.02 to 
0.8 decitex cannot be supplied by the domestic industry in commercial 
quantities in a timely manner.

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FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen or Lori Mennitt, 
International Trade Specialists, 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, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive Order No. 13191 of January 17, 2001.

Summary

    On May 8, 2001 the Chairman of CITA received a petition on behalf 
of Freudenberg Nonwovens Group alleging that microfilament fabric of 
continuous polyester and nylon filaments with average size of 0.02 to 
0.8 decitex, classified in subheading 5603.11.0090, 5603.12.0090, 
5603.13.0090 or 5603.14.9090 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 apparel 
articles of such fabric be eligible for preferential treatment under 
the CBTPA. As a result, CITA published a Federal Register Notice (66 FR 
13912) requesting public comments on the petition. These comments were 
due May 30, 2001. Based on its review of the petition, public comments 
received, and other information obtained, CITA is denying Freudenberg's 
petition.

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. 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. On March 6, 
2001, CITA published procedures that it will follow in considering 
requests. (66 FR 13502).
    On May 8, 2001 the Chairman of CITA received a petition on behalf 
of Freudenberg Nonwovens Group alleging that microfilament fabric of 
continuous polyester and nylon filaments with average size of 0.02 to 
0.8 decitex, classified in subheadings 5603.11.0090, 5603.12.0090, 
5603.13.0090 or 5603.14.9090 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 apparel 
articles of such fabric be eligible for preferential treatment under 
the CBTPA.

[[Page 36562]]

    CITA solicited public comments regarding this request (66 FR 26841, 
published on May 15, 2001) particularly with respect to whether this 
fabric can be supplied by the domestic industry in commercial 
quantities in a timely manner.
    On the basis of the petition, public comments received and other 
information obtained, CITA has determined that microfilament fabrics of 
continuous polyester and nylon filaments of 0.02 to 0.8 decitex are 
produced in commercial quantities in the United States and are readily 
available from U.S. producers. The Freudenberg product has unique 
features that are not duplicated by domestically produced nonwoven 
fabrics. However, the product that is the subject of the petition 
(microfilament fabrics of continous polyester and nylon filaments in 
sizes 0.02 to 0.8 decitex) encompasses a wide range of nonwoven 
fabrics, including those produced in the United States.
    Based on its review of the petition, public comments received, and 
other information obtained, CITA is denying Freudenberg's petition. 
Freudenberg did not establish that microfilament fabrics of continous 
polyester and nylon filaments in sizes 0.02 to 0.8 decitex cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 01-17437 Filed 7-11-01; 8:45 am]
BILLING CODE 3510-DR-S