[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Pages 3119-3120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1412]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request Under the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

January 15, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain printed, 100 
percent rayon, herringbone fabrics, for use in apparel articles, cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner under the CBTPA.

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SUMMARY: On November 13, 2003 the Chairman of CITA received a petition 
from Alarmex Holdings Group, Inc. that certain printed, 100 percent 
rayon, herringbone fabric, of 220 g/m2 fabric weight, of 20's singles 
spun rayon yarn, of 100 X 64 construction, classified in subheading 
5516.14.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS), for use in apparel articles, cannot be supplied by

[[Page 3120]]

the domestic industry in commercial quantities in a timely manner. It 
requested that apparel of such fabrics be eligible for preferential 
treatment under the CBTPA. 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: Janet Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive Order No. 13191 of January 17, 2001.

Background

    The CBTPA 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 CBTPA 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 CBTPA 
beneficiary countries from fabric or yarn that is not formed in the 
United States, 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 CBTPA and directed CITA to establish procedures to 
ensure appropriate public participation in any such determination. On 
March 6, 2001, CITA published procedures that it will follow in 
considering requests. (66 FR 13502).
    On November 13, 2003, the Chairman of CITA received a petition from 
Alarmex Holdings Group, Inc. that certain printed, 100 percent rayon, 
herringbone fabric, of 220 g/m2 fabric weight, of 20's singles spun 
rayon yarn, of 100 X 64 construction, classified in subheading 
5516.14.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS), 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.
    On November 19, 2003, CITA solicited public comments regarding this 
request (68 FR 65256), particularly with respect to whether these 
fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On December 5, 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.
    Based on the information provided, including review of the request, 
public comments and advice received, and our knowledge of the industry, 
CITA has determined that certain printed, 100 percent rayon, 
herringbone fabrics, classified in subheading 5516.14.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS), for use in 
apparel articles, can be supplied by the domestic industry in 
commercial quantities in a timely manner. Alarmex Holdings Group's 
petition is denied.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.04-1412 Filed 1-21-04; 8:45 am]
BILLING CODE 3510-DR-S