[Federal Register Volume 68, Number 80 (Friday, April 25, 2003)]
[Notices]
[Pages 20379-20380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10259]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request Under the African 
Growth and Opportunity Act (AGOA) and the United States - Caribbean 
Basin Trade Partnership Act (CBTPA)

April 22, 2003.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Denial of the petition alleging that lastol elastic yarn, for 
use in apparel articles, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner.

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SUMMARY: On February 21, 2003, the Chairman of CITA received a request 
from the Dow Chemical Company alleging that lastol elastic yarn, 
classified under items 5402.49.9005 and 5404.10.8005 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 from such yarns, or from U.S.-formed 
fabric containing such yarns be eligible for preferential treatment 
under the AGOA and the CBTPA. Based on currently available information, 
CITA has determined that a substitutable product can be supplied by the 
domestic industry in commercial quantities in a timely manner and 
therefore denies the request.

FOR FURTHER INFORMATION CONTACT: Janet E. 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 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 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 AGOA and 
the CBTPA. On March 6, 2001, CITA published procedures that it will 
follow in considering requests. (66 FR 13502).
    On February 21, 2003, the Chairman of CITA received a request from 
the Dow Chemical Company alleging that lastol elastic yarn, which is a 
crosslinked, heat resistant elastic yarn having elevated temperature 
elasticity comprising a cured, irradiated or crosslinked ethylene 
polymer, classified under items 5402.49.9005 and 5404.10.8005 of the 
HTSUS, for use in apparel articles, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. It requested that 
apparel articles from such yarns, or from U.S.-formed fabric containing 
such yarns, that are both cut (or knit-to shape) and sewn or otherwise 
assembled in one or more beneficiary countries be eligible for 
preferential treatment under the AGOA or the CBTPA.
    On March 3, 2003, CITA solicited public comments regarding this 
request (68 FR 9997), particularly with respect to whether these 
fabrics can be supplied

[[Page 20380]]

by the domestic industry in commercial quantities in a timely manner. 
On March 19, 2003, CITA and the Office of the U.S. Trade Representative 
offered to hold consultations with the relevant Congressional 
committees. We also requested the advice of the U.S. International 
Trade Commission and the relevant Industry Sector Advisory Committees.
    CITA has determined that the domestic industry can supply a product 
substitutable for the lastol elastic yarn described in the petition in 
commercial quantities in a timely manner. On the basis of currently 
available information, including review of the request, public comment 
and advice received, and its understanding of the industry, CITA has 
determined that there is domestic capacity to supply a substitutable 
product in commercial quantities in a timely manner. The Dow Chemical 
Company's request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.03-10259 Filed 4-24-03; 8:45 am]
BILLING CODE 3510-DR-S