[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19788-19789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9824]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations Under the Textile and Apparel Commercial 
Availability Provisions of the United States-Caribbean Basin Trade 
Partnership Act (CBTPA)

April 16, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Determination.

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SUMMARY: The Committee for the Implementation of Textile Agreements 
(Committee) has determined that certain knitted outer fusible material 
with a fold line that is knitted into the fabric (as described in the 
attached Annex I, item (1 and a knitted inner fusible material with an 
adhesive (thermoplastic resin) coating (as described in the attached 
Annex I, item (2, both classified under item 5903.90.2500 of the 
Harmonized Tariff Schedule of the United States

[[Page 19789]]

(HTSUS), for use in apparel articles, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. The 
Committee hereby designates apparel articles from these 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 9819.11.24 or 9820.11.27, to enter free of 
quota and duties, provided that all other fabrics are wholly in the 
United States from yarns wholly formed in the United States.

FOR FURTHER INFORMATION CONTACT: Richard P. Stetson, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211 of the Caribbean Basin Trade Partnership 
Act (CBTPA), amending Section 213(b)(2)(A)(v)(II) of the Caribbean 
Basin Economic Recovery Act (CBERA); Presidential Proclamation 7351 
of October 2, 2000; 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 or a beneficiary CBTPA country 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 the Committee to determine whether yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner.
    On December 12, 2002 the Chairman of the Committee received a 
petition from Levi Strauss and Co. alleging that the waistband fabrics 
described in Annex I, for use in apparel articles, cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
and requesting quota- and duty-free treatment under the CBTPA for 
apparel articles that are both cut and sewn in one or more CBTPA 
beneficiary countries from such fabrics. On December 19, 2002, the 
Committee requested public comments on the petition (67 FR 244). On 
January 5, 2003, the Committee and the U.S. Trade Representative (USTR) 
sought the advice of the Industry Sector Advisory Committee for 
Wholesaling and Retailing and the Industry Sector Advisory Committee 
for Textiles and Apparel. On January 5, 2003, the Committee 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. On January 23, 2003, the U.S. International Trade Commission 
provided advice on the petition. Based on the information and advice 
received and its understanding of the industry, the Committee 
determined that the fabric set forth in the petition cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
On February 10, 2003, the Committee and USTR submitted a report to the 
Congressional Committees that set forth the action proposed, the 
reasons for such action, and advice obtained. A period of 60 calendar 
days since this report was submitted has expired.
    The Committee hereby designates as eligible for preferential 
treatment under HTSUS subheading 9820.11.27, apparel articles that are 
both cut (or knit-to-shape) and sewn or otherwise assembled in one or 
more eligible CBTPA beneficiary countries, from a knitted outer-fusible 
material with a fold line that is knitted into the fabric (as described 
in the attached Annex I, item1) and a knitted inner-fusible 
material with an adhesive (thermoplastic resin) coating (as described 
in the attached Annex I, item2), both classified under HTSUS 
subheading 5903.90.2500, not formed in the United States, provided that 
all other fabrics are wholly formed in the United States from yarns 
wholly formed in the United States, and that such articles are imported 
directly into the customs territory of the United States from an 
eligible CBTPA beneficiary country. 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.

 
                                 ANNEX I
 
1. A knitted outer-fusible material with a fold line that is knitted
 into the fabric. The fabric is a 45mm wide base substrate, knitted in
 narrow width, synthetic fiber based (made of 49% polyester / 43%
 elastomeric filament / 8% nylon with a weight of 4.4 oz., a 110/110
 stretch, and a dull yarn), stretch elastomeric material with an
 adhesive (thermoplastic resin) coating. The 45mm width is divided as
 follows: 34mm solid, followed by a 3mm seam allowing it to fold over,
 followed by 8mm of solid.
2. A knitted inner-fusible material with an adhesive (thermoplastic
 resin) coating that is applied after going through a finishing process
 to remove all shrinkage from the product. The fabric is a 40mm
 synthetic fiber based stretch elastomeric fusible consisting of 80%
 nylon type 6/20% elastomeric filament with a weight of 4.4 oz., a 110/
 110 stretch, and a dull yarn.
 

[FR Doc.03-9824 Filed 4-21-03; 8:45 am]
BILLING CODE 3510-DR-S