[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Page 26077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10674]



[[Page 26077]]

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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)

May 6, 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, excluding gloves, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA.

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SUMMARY: On March 4, 2004, the Chairman of CITA received a petition 
from Sandler, Travis, & Rosenberg, P.A. on behalf of Dillards, Inc. of 
Little Rock Arkansas and BWA, Inc. of New York, New York alleging that 
certain 100 percent cotton woven flannel fabrics, made from 14 through 
41 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, excluding 
gloves, 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 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 March 4, 2004, the Chairman of CITA received a petition from 
Sandler, Travis, & Rosenberg, P.A. on behalf of Dillards, Inc. of 
Little Rock Arkansas and BWA, Inc. of New York, New York alleging that 
certain 100 percent cotton woven flannel fabrics, made from 14 through 
41 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, 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, 
excluding gloves, that are both cut and sewn in one or more CBTPA 
beneficiary countries from such fabrics.
    On March 11, 2004, CITA solicited public comments regarding this 
request (69 FR 11596), particularly with respect to whether these 
fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On March 29, 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 Trade 
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 14 through 41 NM 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, excluding gloves, 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. The petition is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-10674 Filed 5-10-04; 8:45 am]
BILLING CODE 3510-DR-S