[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Notices]
[Pages 22008-22009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9188]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provisions of the Caribbean Basin Trade Partnership Act 
(CBTPA)

April 19, 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 fabrics, classified 
in subheading 5210.11 of the Harmonized Tariff Schedule of the United 
States (HTSUS), not of square construction, containing more than 70 
warp ends and filling picks per square centimeter, of average yarn 
number exceeding 70 metric, used in the production of women's and 
girls' blouses, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the CBTPA. The Committee 
hereby designates such apparel articles that are both cut and sewn or 
otherwise assembled in an eligible 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 the HTSUS subheading 9820.11.27 to enter free of quotas and 
duties, provided all other fabrics are U.S. formed from yarns wholly 
formed in the U.S., 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: April 23, 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 211 of the CBTPA, amending Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act 
(CBERA); Presidential Proclamations 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 countries from fabric or yarn that is not formed in 
the United States or a beneficiary CBTPA country if it has been 
determined that such yarns or fabrics cannot be supplied

[[Page 22009]]

by the domestic industry in commercial quantities in a timelymanner and 
certain procedural requirements have been met. In Presidential 
Proclamation 7351, 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 13191, the President authorized the Committee to 
determine whether particular yarns or fabrics cannot be supplied by the 
domestic industry in commercial quantities ina timely manner under the 
CBTPA.
    On December 18, 2003, the Committee received a request alleging 
that certain fabrics, classified in HTSUS subheading 5210.11, not of 
square construction, containing more than 70 warp ends and filling 
picks per square centimeter, of average yarn number exceeding 70 
metric, used in the production of women's and girls' blouses, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the CBTPA. It requested that apparel articles from such 
fabrics be eligible for preferential treatment under the CBTPA. On 
December 24, 2003, the Committee requested public comment on the 
petition (68 FR 74554). On January 9, 2004, 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 January 9, 2004, 
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 29, 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 fabrics set forth in the request cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. On February 13, 
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 CBTPA.
    The Committee hereby designates as eligible for preferential 
treatment under subheading 9820.11.27 of the HTSUS, women's and girls' 
blouses, that are both cut and sewn or otherwise assembled in one or 
more eligible beneficiary CBTPA countries, from fabrics, classified in 
subheading 5210.11 of the Harmonized Tariff Schedule of the United 
States (HTSUS), not of square construction, containing more than 70 
warp ends and filling picks per square centimeter, of average yarn 
number exceeding 70 metric, 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, including fabrics not formed 
from yarns, is such fabrics are classifiable under HTS heading 5602 or 
5603 and are wholly formed in the United States, that are imported 
directly into the customs territory of the United States from an 
eligible beneficiary CBTPA country.
    An ``eligible beneficiary CBTPA 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 HTS.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-9188 Filed 4-22-04; 8:45 am]
BILLING CODE 3510-DR-S