[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18878-18879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8209]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provision of the Andean Trade Promotion and Drug 
Eradication Act (ATPDEA)

April 6, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The 
Committee).

ACTION: Designation.

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SUMMARY: The Committee has determined that certain viscose rayon 
filament yarns, of the specifications detailed below, classified in 
subheading 5403.41.0000 of the Harmonized Tariff Schedule of the United 
States (HTSUS), for use in apparel articles, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
ATPDEA. The Committee hereby designates that apparel articles, made 
from fabrics formed in the U.S. or an eligible beneficiary ATPDEA 
country containing such yarns, that are sewn or otherwise assembled in 
an eligible ATPDEA beneficiary country, shall be eligible to enter free 
of quotas and duties under HTSUS subheading 9821.11.10,

[[Page 18879]]

provided all other yarns are U.S. formed and all other fabrics are U.S. 
formed from yarns wholly formed in the United States. The Committee 
notes that this designation under the ATPDEA renders apparel articles 
containing such yarn, sewn or otherwise assembled in an eligible ATPDEA 
beneficiary country, as eligible for quota-free and duty-free treatment 
under HTSUS subheading 9821.11.13, provided the requirements of that 
subheading are met.

 
 
 
Specifications:
 
1. Viscose Filament Yarn
  DTEX 166/40 Bright Centrifugal
  Tenacity, cN/tex, min. - 142.0
  Elongation at rupture, % - 18.0 - 24.0
  Elongation at rupture variation factory, % max. - 8.1
  Twist direction - S
 
2. Viscose Filament Yarn
 
  DTEX 330/60 Bright Centrifugal
  Tenacity, cN/tex, min. - 142.0
  Elongation at rupture, % - 18.0 - 24.0
  Elongation at rupture variation factor, % max. - 8.1
  Twist direction - S
 


EFFECTIVE DATE: April 9, 2004.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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.

Background

    The commercial availability provision of the ATPDEA 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 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 Proclamation 7616 of October 31, 2002, 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 Executive Order 13277 of November 
19, 2002, and the United States Trade Representative's Notice of 
Further Assignment of Functions of November 25, 2002, 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 ATPDEA.
    On November 24, 2003, the Committee received a request alleging 
that certain viscose rayon filament yarns, of the specifications 
detailed above, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the ATPDEA. It requested 
that apparel articles containing such yarns be eligible for 
preferential treatment under the ATPDEA. On December 1, 2003, the 
Committee requested public comment on the petition (68 FR 67153). On 
December 17, 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 December 17, 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 January 5, 2004, 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 28, 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 ATPDEA.
    The Committee hereby designates apparel articles, made from fabrics 
formed in the U.S. or an eligible beneficiary ATPDEA country containing 
such yarns, that are sewn or otherwise assembled in an eligible ATPDEA 
beneficiary country, shall be eligible to enter free of quotas and 
duties under HTSUS subheading 9821.11.10, provided all other yarns are 
U.S. formed and all other fabrics are U.S. formed from yarns wholly 
formed in the United States. The Committee notes that this designation 
under the ATPDEA renders apparel articles sewn or otherwise assembled 
in an eligible ATPDEA beneficiary country containing such yarn as 
eligible for quota-free and duty-free treatment under HTSUS subheading 
9821.11.13, provided the requirements of that subheading are met.
    An ``eligible ATPDEA beneficiary country'' means a country which 
the President has designated as an ATPDEA beneficiary country under 
section 203(a)(1) of the Andean Trade Preference Act (ATPA) (19 U.S.C. 
3202(a)(1)), and which has been the subject of a finding, published in 
the Federal Register, that the country has satisfied the requirements 
of section 203(c) and (d) of the ATPA (19 U.S.C. 3202(c) and (d)), 
resulting in the enumeration of such country in U.S. note 1 to 
subchapter XXI of Chapter 98 of the HTSUS.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-8209 Filed 4-8-04; 8:45 am]
BILLING CODE 3510-DR-S