[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Notices]
[Pages 27992-27993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12897]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request under the United States 
- Andean Trade Promotion and Drug Eradication Act (ATPDEA)

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

ACTION: Denial of the request alleging that certain cotton corduroy 
fabrics, for use in apparel articles, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
ATPDEA.

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SUMMARY: On March 17, 2003 the Chairman of CITA received a petition 
from Breaker Jeanswear/ARC International alleging that certain dyed 
cotton corduroy fabrics (see Annex I for product specifications), 
classified in subheading 5801.22.90 of the Harmonized Tariff Schedule 
of the United States (HTSUS), for use in apparel articles including 
men's and boys' jackets and pants, women's and girls' jackets, dresses, 
skirts, shorts, and pants, cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. It requested that apparel 
of such fabrics be eligible for preferential treatment under the 
ATPDEA. Based on currently available information, CITA has determined 
that these subject fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner and therefore denies the 
request.

EFFECTIVE DATE: May 22, 2003.


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

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential 
Proclamation 7616 of October 31, 2002, Executive Order 13277 of 
November 19, 2002, and the United States Trade Representative's 
Notice of Further Assignment of Functions of November 25, 2002 (67 
FR 71606).

BACKGROUND:

    The ATPDEA provides for quota- and duty-free treatment for 
qualifying textile and apparel products. Such treatment is generally 
limited to products manufactured from yarns and fabrics formed in the 
United States or a beneficiary country. The ATPDEA also provides for 
quota- and duty-free

[[Page 27993]]

treatment for apparel articles that are both cut (or knit-to-shape) and 
sewn or otherwise assembled in one or more ATPDEA 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. Pursuant to Executive Order No. 13277 (67 FR 70305) 
and the United States Trade Representative's Notice of Redelegation of 
Authority and Further Assignment of Functions (67 FR 71606), the 
President's authority to determine whether yarns or fabrics cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the ATPDEA is exercised by CITA.
    On March 17, 2003, the Chairman of CITA received a petition from 
Breaker Jeanswear/ARC International of Miami, Florida, alleging that 
certain dyed cotton corduroy fabrics, (see Annex I for product 
specifications), classified in subheading 5801.22.90 of the Harmonized 
Tariff Schedule of the United States (HTSUS), for use in apparel 
articles including men's and boys' jackets and pants, women's and 
girls' jackets, dresses, skirts, shorts, and pants, cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
and requesting quota- and duty-free treatment under the ATPDEA for 
apparel articles that are both cut and sewn in one or more ATPDEA 
beneficiary countries from such fabrics.
    On March 24, 2003, CITA solicited public comments regarding this 
request, particularly with respect to whether these fabrics can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. On April 10, 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 certain dyed cotton corduroy fabrics, 
classified in subheading 5801.22.90 of the Harmonized Tariff Schedule 
of the United States (HTSUS), for use in apparel articles including 
men's and boys' jackets and pants, women's and girls' jackets, dresses, 
skirts, shorts, and pants, can be supplied by the domestic industry in 
commercial quantities in a timely manner. Breaker Jeanswear/ARC 
International's request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.


 
 
 
Annex I                         ........................................
 
Product Specifica-tions:        ........................................
  1. Dyed Corduroy Fabric:      ........................................
 
      Fiber Com-position:       100 % cotton
      Fabric weight:            271 g/m2 (grams per square meter)
      Construction:             Woven 20 x 45, 16s x 16s
                                6 - 8 wales per centimeter
 
  2. Dyed Corduroy Fabric:      ........................................
      Fiber Composition(s):     98% cotton, 2% spandex
                                97% cotton, 3% spandex
      Fabric weight:            271g/m2 (grams per square meter)
      Construction:             Woven 20 x 45, 16s x 16s plus 70 denier
                                 (spandex)
                                6-8 wales per centimeter
 

[FR Doc. 03-12897 Filed 5-21-03; 8:45 am]
BILLING CODE 3510-DR-S