[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Notices]
[Page 46608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22405]


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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) and the African Growth 
and Opportunity Act (AGOA)

August 31, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Denial of the petition alleging that micro-denier, 30 and 36 
singles solution dyed staple open-end spun viscose yarn, for use in 
knit fabrics, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner.

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SUMMARY: On June 29, 2001 the Chairman of CITA received a petition from 
Fabrictex alleging that micro-denier, 30 and 36 singles solution dyed 
open-end staple spun viscose yarn, for use in knit fabrics, classified 
in subheading 5510.11.0000 of the Harmonized Tariff Schedule of the 
United States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. It requested that apparel 
articles of U.S. formed fabrics of such yarns be eligible for 
preferential treatment under the CBTPA and AGOA. Based on currently 
available information, CITA has determined that substitutable products 
can be supplied by the domestic industry in commercial quantities in a 
timely manner and therefore denies the petition.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade 
Specialist, 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 CBTPA and the AGOA 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 CBTPA and the AGOA 
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 CBTPA or AGOA beneficiary countries from fabric or yarn 
that is not formed in the United States or a 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 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 June 29, 2001 the Chairman of CITA received a petition from 
Fabrictex alleging that micro-denier, 30 and 36 singles solution dyed 
staple open-end spun viscose yarn, for use in knit fabrics, classified 
in subheading 5510.11.0000 of the Harmonized Tariff Schedule of the 
United States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. It requested that apparel 
articles of U.S. formed fabrics of such yarns be eligible for 
preferential treatment under the CBTPA and the AGOA.
    On July 9, 2001, CITA solicited public comments regarding this 
request (66 FR 35777) particularly with respect to whether this yarn 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. On July 25, 2001, CITA and the Office of the U.S. Trade 
Representative offered to hold consultations with the relevant 
Congressional committees. We also requested advice from the U.S. 
International Trade Commission and the relevant Industry Sector 
Advisory Committees.
    On the basis of currently available information, including its 
review of the petition and public comments and advice received and its 
understanding of the industry, CITA has determined that stock dyed 
viscose yarn is substitutable for a solution dyed viscose yarn for 
purposes of the intended use, and that this substitute yarn can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. Currently available information indicates that there is 
available domestic capacity to open-end spin micro-denier viscose yarn 
and there is available domestic capacity to stock dye fiber to any 
color required by Fabrictex. Stock dyed open-end spun micro-denier 
viscose yarn can be supplied in the quantities and in the time frame 
specified by Fabrictex. CITA concludes in the context of this petition 
that U.S. producers have the ability to supply substitutable yarns in 
commercial quantities in a timely manner. Fabrictex's request is 
denied.

J. Hayden Boyd,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 01-22405 Filed 9-5-01; 8:45 am]
BILLING CODE 3510-DR-S