[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Pages 21500-21501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9057]


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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)

April 16, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain yarn-dyed, 100 
percent cotton woven flannel fabrics, made from ring-spun yarns, 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 February 13, 2004 the Chairman of CITA received a petition 
from Oxford Industries, Inc. alleging that certain 100 percent cotton 
woven flannel fabrics, made from 21 through 36 NM single ring-spun 
yarns of different colors, classified in subheading 5208.43.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS) of 2 X 1 twill 
weave construction, weighing not more than 200 grams per square meter, 
for use in apparel articles, cannot be supplied by 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

[[Page 21501]]

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 February 13, 2004, the Chairman of CITA received a petition from 
Oxford Industries, Inc. alleging that certain 100 percent cotton woven 
flannel fabrics, made from 21 through 36 NM single ring-spun yarns of 
different colors, classified in HTSUS subheading 5208.43.00, of 2 X 1 
twill weave construction, weighing not more than 200 grams per square 
meter, 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 February 19, 2004, CITA solicited public comments regarding this 
request (69 FR 7727), particularly with respect to whether these 
fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On March 6, 2004, 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 100 percent cotton woven flannel 
fabrics, made from single ring-spun yarns of different colors, of 2 X 1 
twill weave construction, weighing not more than 200 grams per square 
meter, for use in apparel articles, can be supplied by the domestic 
industry in commercial quantities in a timely manner. Oxford 
Industries, Inc.'s petition is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.04-9057 Filed 4-20-04; 8:45 am]
BILLING CODE 3510-DR-S