[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Notices]
[Pages 35390-35391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14964]


-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request under the United States 
- African Growth and Opportunity Act (AGOA)

June 10, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

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

-----------------------------------------------------------------------

SUMMARY: On April 8, 2003 the Chairman of CITA received a petition from 
Crystal Apparel Limited. of Hong Kong and Sinotex Mauritius Limited in 
Mauritius alleging that certain light- and medium-weight dyed cotton 
warp pile velvet fabrics (see Annex I for product specifications) 
classified in subheading 5801.25.00 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 that apparel 
of such fabrics be eligible for preferential treatment under the AGOA. 
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.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, 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 1 of the 
Executive Order No. 13191 of January 17, 2001.

BACKGROUND:

    The AGOA 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 AGOA also provides 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 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. Pursuant to Executive Order No. 13191, 
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 AGOA is exercised by CITA.
    On April 8, the Chairman of CITA received a petition from Crystal 
Apparel Limited. of Hong Kong and Sinotex Mauritius Limited. in 
Mauritius alleging that certain light- and medium-weight dyed cotton 
warp pile velvet fabrics (see Annex I for product specifications), 
classified in subheading 5801.25.00 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. The petitioner requested 
quota- and duty-free treatment under the AGOA for apparel articles that 
are both cut and sewn in one or more AGOA beneficiary countries from 
such fabrics.
    On April 14, 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 30, 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 light- and medium-weight dyed 
cotton warp pile velvet fabrics, classified in subheading 5801.25.00 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. 
Crystal Apparel Limited and Sinotex Mauritius Limited's request is 
denied.

Annex 1

 
 
 
Product Specifications:
 
1. Name: light-weight dyed warp pile velvet
 
  HTS subheading: 5801.25.00
  Fiber Composition: 100 percent combed cotton
  Yarn: 230 g/m2 to 260 g/m2
  Construction:
      Woven Fabric - 96 x 98
      Warp - 42/2 ply + 42/2 ply
      Weft - 32 single yarn
 
      Woven Fabric - 96 x 102
      Warp - 42/2 ply + 60/2 ply
      Weft - 32 single yarn
 
2. Name: medium-weight dyed warp pile velvet
  HTS subheading: 5801.25.00
  Fiber Composition: 97 to 98 percent cotton, up to 3 percent spandex
   yarn
  Yarn: 280 g/m2 to 330 g/m2
  Construction:
      Woven Fabric - 110 x 84
      Warp - 42/2 ply + 50/2 ply
      Weft - 30 single yarn + 40 denier spandex
 
      Woven Fabric - 126 x 84
      Warp - 42/2 ply + 50/2 ply
      Weft - 30 single yarn + 40 denier spandex
 



[[Page 35391]]

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 03-14964 Filed 6-12-03; 8:45 am]
BILLING CODE 3510-DR-S