[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Notices]
[Pages 22363-22364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10363]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

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

ACTION: Designation.

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SUMMARY: The Committee has determined that certain fabrics, classified 
in subheadings 5210.21 and 5210.31 of the Harmonized Tariff Schedule of 
the United States (HTSUS), not of square construction, containing more 
than 70 warp ends and filling picks per square centimeter, of average 
yarn number exceeding 70 metric, used in the production of women's and 
girls' blouses, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the CBTPA. The Committee 
hereby designates such apparel articles that are both cut and sewn or 
otherwise assembled in an eligible CBTPA beneficiary country from these 
fabrics as eligible for quota-free and duty-free treatment under the 
commercial availability provisions of the CBTPA, and eligible under the 
HTSUS subheading 9820.11.27 to enter free of quotas and duties, 
provided all other fabrics are U.S. formed from yarns wholly formed in 
the U.S.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211 of the 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 countries 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

[[Page 22364]]

treatment would apply to such apparel articles from fabrics or yarns 
designated by the appropriate U.S. government authority in the Federal 
Register. In Executive Order 13191, the President authorized the 
Committee to determine whether particular yarns or fabrics cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the CBTPA.
    On December 18, 2002, the Committee received a request alleging 
that certain fabrics, classified in subheadings 5210.21 and 5210.31 of 
the Harmonized Tariff Schedule of the United States (HTSUS), not of 
square construction, containing more than 70 warp ends and filling 
picks per square centimeter, of average yarn number exceeding 70 
metric, used in the production of women's and girls' blouses, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the CBTPA and requesting that women's and girls' blouses 
from such fabrics be eligible for preferential treatment under the 
CBTPA. On December 24, 2002, the Committee requested public comment on 
the petition (67 FR 78424). On January 9, 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 
9, 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 (collectively, the Congressional 
Committees). On January 29, 2003, the U.S. International Trade 
Commission provided advice on the request. Based on the information and 
advice received and its understanding of the industry, the Committee 
determined that the fabrics set forth in the request cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
On February 14, 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, as required by the 
CBTPA.
    The Committee hereby designates as eligible for preferential 
treatment under subheading 9820.11.27 of the HTSUS, women's and girls' 
blouses, that are both cut and sewn or otherwise assembled in one or 
more eligible beneficiary CBTPA countries, from fabrics, classified in 
subheadings 5210.21 and 5210.31 of the HTSUS, not of square 
construction, containing more than 70 warp ends and filling picks per 
square centimeter, of average yarn number exceeding 70 metric, 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, that are imported directly into the customs territory of the 
United States from an eligible beneficiary CBTPA country. An article 
otherwise eligible for preferential treatment under this designation 
shall not be ineligible for such treatment because the article contains 
findings, trimmings, certain interlinings or de minimis foreign yarn, 
as specified in Section 213(b)(2)(A)(vii)(I), (II), and (III) of the 
CBTPA.
    An ``eligible beneficiary CBTPA 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 03-10363 Filed 4-25-03; 8:45 am]
BILLING CODE 3510-DR-S