[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26077-26078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10673]


-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request under the African 
Growth and Opportunity Act (AGOA), the United States-Caribbean Basin 
Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug 
Eradication Act (ATPDEA)

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

ACTION: Denial of the request alleging that certain cotton corduroy 
fabric for use in apparel articles cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the AGOA, 
the CBTPA, and the ATPDEA.

-----------------------------------------------------------------------

SUMMARY: On March 5, 2004, the Chairman of CITA received a request from 
S. Schwab Company Inc. alleging that smooth, round cut 10-wale per inch 
(4-wale per centimeter) 100% cotton corduroy fabric classified in 
subheading 5801.22.90 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. It requested that apparel 
articles of such fabrics be eligible for preferential treatment under 
the ATPDEA, the AGOA and the CBTPA.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, 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; 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.

[[Page 26078]]

Background

    The AGOA, the CBTPA, and the ATPDEA provide 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 AGOA, 
the CBTPA, and the ATPDEA also provide 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 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 (66 FR 7271) and pursuant to Executive Order No. 13277 
(67 FR 70305) and the United States Trade Representative's Notice of 
Redelegation of Authority and Further Assignment of Functions (67 FR 
71606), CITA has been delegated the authority to determine whether 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the AGOA, the CBTPA, or 
the ATPDEA. On March 6, 2001, CITA published procedures that it will 
follow in considering requests (66 FR 13502).
    On March 5, 2004, the Chairman of CITA received a request from S. 
Schwab Company Inc. alleging that smooth, round cut 10-wale per inch 
(4-wale per centimeter) 100% cotton corduroy fabric classified in 
subheading 5801.22.90 of the HTSUS, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. It requests that 
apparel articles of such fabrics be eligible for preferential treatment 
under the ATPDEA, the AGOA and the CBTPA.
    On March 11, 2004, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner (69 FR 11595). On March 29, 
2004, CITA and the Office of the U.S. Trade Representative offered to 
hold consultations with the relevant Congressional committees. CITA 
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 comment and advice received, and its knowledge of the industry, 
CITA has determined that smooth, round cut 10-wale per inch (4-wale per 
centimeter) 100% cotton corduroy fabric classified in subheading 
5801.22.90 of the HTSUS, can be supplied by the domestic industry in 
commercial quantities in a timely manner. The request is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-10673 Filed 5-10-04; 8:45 am]
BILLING CODE 3510-DR-S