[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Notices]
[Pages 44528-44529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19187]


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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)

July 23, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements

ACTION: Designation

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SUMMARY: The Committee for the Implementation of Textile Agreements 
(Committee) has determined that 100 percent cotton woven flannel 
fabrics, made from 21 through 36 NM single ring-spun yarns of different 
colors, classified in 5208.43.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS), of 2 X 2 twill weave construction, weighing 
not more than 200 grams per square meter, for use in apparel articles 
excluding gloves, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. The Committee hereby 
designates apparel articles, excluding

[[Page 44529]]

gloves, 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 textile and apparel 
commercial availability provisions of the CBTPA and eligible under 
HTSUS subheadings 9820.11.27, to enter free of quota and duties, 
provided that all other fabrics are wholly formed in the United States 
from yarns wholly formed in the United States.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade 
Specialist, 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 country from fabric or yarn that is not formed in the 
United States 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 April 21, 2003 the Chairman of the Committee received a petition 
from Sandler, Travis, and Rosenberg, P.A., on behalf of the American 
Apparel and Footwear Association (AAFA); Intradeco, Inc. of Miami, 
Florida; J. C. Penney Purchasing Corporation of Plano, Texas; and 
Knothe Apparel Group, Inc. of Ashford, Alabama alleging that 100 
percent cotton woven flannel fabrics, made from 21 through 36 NM single 
ring-spun yarns of different colors, classified in 5208.43.00 of the 
HTSUS, of 2 X 2 twill weave construction, weighing not more than 200 
grams per square meter, for use in apparel articles excluding gloves, 
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.
    In response to a previous commercial availability request by the 
same petitioners on 100 percent cotton, yarn-dyed flannel fabric, the 
Committee requested public comments on June 17, 2002 (67 FR 41219). 
Also in response to the previous petition, 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 regarding the 
proposed action on July 3, 2002. On July 3, 2002, 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 (Congressional Committees) regarding the proposed action. On 
July 23, 2002, the U.S. International Trade Commission provided advice 
regarding the proposed action. Based on the information and advice 
received and its understanding of the industry, the Committee 
determined that the fabric set forth in the instant petition cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. On May 19, 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, 
excluding gloves, that are both cut and sewn or otherwise assembled in 
one or more eligible CBTPA beneficiary countries, from 100 percent 
cotton woven flannel fabrics, made from 21 through 36 NM single ring-
spun yarns of different colors, classified in 5208.43.00 of the HTSUS, 
of 2 X 2 twill weave construction, weighing not more than 200 grams per 
square meter, 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, subject to the special rules for findings and 
trimmings, certain interlinings and de minimis fibers and yarns under 
section 112 (d) of the CBTPA, 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.
[FR Doc. 03-19187 Filed 7-29-03; 8:45 am]
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