[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10431-10432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4990]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provision of the African Growth and Opportunity Act (AGOA) 
and the U.S. - Caribbean Trade Partnership Act (CBTPA)

March 2, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (The 
Committee).

ACTION: Designation.

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SUMMARY: The Committee has determined that micro-denier 30 singles and 
36 singles solution dyed, open-end spun, staple spun viscose yarn, 
classified in subheading 5510.11.0000 of the Harmonized Tariff Schedule 
of the United States (HTS), for use in manufacturing fabrics, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the AGOA and the CBTPA. The Committee hereby designates 
apparel articles that are both cut and sewn or otherwise assembled in 
one or more eligible beneficiary sub-Saharan African country or in one 
or more eligible CBTPA beneficiary country from U.S. formed fabrics 
containing such yarns as eligible to enter free of quotas and duties 
under HTSUS subheading 9819.11.24 or 9820.11.27, provided all other 
yarns are U.S. formed and all other fabrics are U.S. formed from or 
yarns wholly formed in the United States, including fabrics not formed 
from yarns, if such fabrics are classifiable under HTS heading 5602 or 
5603 and are wholly formed in the United States.

EFFECTIVE DATE: March 5, 2004.

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

SUPPLEMENTARY INFORMATION:

    Authority: Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act 
(CBERA), as added by Section 211(a) of the CBTPA; Sections 1 and 6 
of Executive Order No. 13191 of January 17, 2001; Presidential 
Proclamations 7350 and 7351 of October 4, 2000.

BACKGROUND

    The commercial availability provisions of the AGOA and the CBTPA 
provide 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 countries 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 Proclamations 7350 and 7351 of October 4, 
2000, the President proclaimed that this treatment would apply to such 
apparel articles from fabrics or yarns designated by the appropriate 
U.S. government authority in the Federal Register. In Sections 1 and 6 
of Executive Order No. 13191 of January 17, 2001, the Committee was 
authorized to determine whether yarns or fabrics cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the AGOA or the CBTPA.
    On November 3, 2003, the Committee received a request alleging that 
micro-denier 30 singles and 36 singles solution dyed, open-end spun, 
staple spun viscose yarn, described above, for use in manufacturing 
fabrics, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the AGOA and the CBTPA. It 
requested that apparel articles from U.S. formed fabrics containing 
such yarns be eligible for preferential treatment under the AGOA and 
the CBTPA. On November 12, 2003, the Committee requested public comment 
on the petition (68 FR 68086). On November 28, 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 
November 28, 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 December 15, 2003, the U.S. International 
Trade Commission provided advice on the petition. Based on the 
information and advice received and its understanding of the industry, 
the Committee determined that the yarn set forth in the request cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner. On January 2, 2004, 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 AGOA and the CBTPA.

[[Page 10432]]

    The Committee hereby designates apparel articles that are both cut 
and sewn or otherwise assembled in one or more eligible beneficiary 
sub-Saharan African country or in one or more eligible CBTPA 
beneficiary country from U.S. formed fabrics containing micro-denier 30 
singles and 36 singles solution dyed, open-end spun, staple spun 
viscose yarn, produced on open-ended spindles, classified in subheading 
HTS subheading 5510.11.0000 as eligible to enter free of quotas and 
duties under HTSUS subheading 9819.11.24 or 9820.11.27, provided all 
other yarns are U.S. formed and all other fabrics are U.S. formed from 
yarns wholly formed in the United States, including fabrics not formed 
from yarns, if such fabrics are classifiable under HTS heading 5602 or 
5603 and are wholly formed in the United States.
    An ``eligible beneficiary sub-Saharan African country'' means a 
country which the President has designated as a beneficiary sub-Saharan 
African country under section 506A of the Trade Act of 1974 (19 U.S.C. 
2466a), and which has been the subject of a finding, published in the 
Federal Register, that the country has satisfied the requirements of 
section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration 
of such country in U.S. note 1 to subchapter XIX of chapter 98 of the 
HTSUS.
    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)), 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. 04-4990 Filed 3-04-04; 8:45 am]
BILLING CODE 3510-DR-S