[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Notices]
[Page 37013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17784]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Short Supply Request under the African Growth and 
Opportunity Act (AGOA) and the United States - Caribbean Basin Trade 
Partnership Act (CBTPA).

July 10, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Denial of request alleging that yarns of 55 percent polyester 
staple fibers and 45 percent worsted wool, 1, 2, and 3 ply yarns, in 
their natural (undyed) state or in their stock dyed state (fiber dyed), 
with 12 to 20 twists per inch, and in sizes of 1/15 to 1/30, 2/30 to 2/
60, and 3/48 to 3/60 worsted count (1/17 to 1/34, 2/34 to 2/68 and 3/54 
to 3/68 metric count) classified in subheading 5509.52.00 of the 
Harmonized Tariff Schedule of the United States, cannot be supplied by 
the domestic industry in commercial quantities in a timely manner.

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SUMMARY: On May 11, 2001 the Chairman of CITA received a petition on 
behalf of Stillwater Sales, Inc./Metcalf Bros. and Company (Stillwater/
Metcalf) alleging that, yarns of 55 percent polyester staple fibers and 
45 percent worsted wool, 1, 2, and 3 ply yarns, in their natural 
(undyed) state or in their stock dyed state (fiber dyed), with 12 to 20 
twists per inch, and in sizes of 1/15 to 1/30, 2/30 to 2/60, and 3/48 
to 3/60 worsted count (1/17 to 1/34, 2/34 to 2/68 and 3/54 to 3/68 
metric count) classified in subheading 5509.52.00 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 woven U.S. formed fabric from such 
yarn be eligible for preferential treatment under the AGOA and the 
CBTPA. As a result, CITA published a Federal Register Notice (66 FR 
27078) requesting public comments on the petition. These comments were 
dueMay 31, 2001. Based on its review of the petition, public comments 
received, and other information obtained, CITA is denying the petition.

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

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as 
added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001.

Background:

    The AGOA and the CBTPA provide 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 AGOA and the CBTPA 
also provide 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 AGOA or CBTPA beneficiary countries from fabric or yarn 
that is not formed in the United States or an AGOA or 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 AGOA and CBTPA. On March 6, 2001, CITA published procedures 
that it will follow in considering requests. (66 FR 13502).
    On May 11, 2001 the Chairman of CITA received a petition on behalf 
of Stillwater/Metcalf alleging that yarns of 55 percent polyester 
staple fibers and 45 percent worsted wool, 1, 2, and 3 ply yarns, in 
their natural (undyed) state or in their stock dyed state (fiber dyed), 
with 12 to 20 twists per inch, and in sizes of 1/15 to 1/30, 2/30 to 2/
60, and 3/48 to 3/60 worsted count (1/17 to 1/34, 2/34 to 2/68 and 3/54 
to 3/68 metric count) classified in subheading 5509.52.00 of the 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 AGOA and the CBTPA.
    CITA solicited public comments regarding this request (66 FR 27078, 
published on May 16, 2001) particularly with respect to whether this 
yarn 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 these yarns are spun in 
the United States and are available from U.S. producers in commercial 
quantities in a timely manner. CITA's review of the public comments and 
other information obtained indicates that there is amply domestic 
capacity and availability to supply this product.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.01-17784 Filed 7-12-01; 11:29 am]
BILLING CODE 3510-DR-S