[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Pages 30631-30633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12105]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations under the Textile and Apparel Commercial 
Availability Provision of 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 24, 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 combed compact 
yarns, of wool or fine animal hair, classified in subheadings 5107.10, 
5107.20, or 5108.20 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 
AGOA, CBTPA, and ATPDEA. The Committee hereby designates apparel 
articles that are both cut and sewn or otherwise assembled in one or 
more eligible beneficiary sub-Saharan African

[[Page 30632]]

countries or in one or more eligible CBTPA beneficiary countries from 
U.S. formed fabrics containing such yarns as eligible to enter free of 
quotas and duties under HTSUS subheading 9819.11.24 or 9820.11.27, 
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 
also hereby designates such yarns as eligible under HTSUS subheading 
9821.11.10, if used in apparel sewn or otherwise assembled in an 
eligible ATPDEA beneficiary country from U.S. formed fabric containing 
such yarns; such apparel containing such yarns shall be eligible to 
enter free of quotas and duties under this subheading, 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.

EFFECTIVE DATE: May 28, 2004

FOR FURTHER INFORMATION CONTACT: Martin Walsh, 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 CBTPA, 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.

BACKGROUND:

    The commercial availability provisions of the AGOA, the ATPDEA, and 
the CBTPA provide 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 Proclamations 7350 and 7351 
of October 4, 2000 and 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 Sections 1 and 6 
of Executive Order No. 13191 of January 17, 2001, 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 AGOA, the CBTPA, or the ATPDEA.
    On January 14, 2004, the Committee received a request from Warren 
Corporation alleging that certain combed compact yarns, of wool or fine 
animal hair, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the AGOA, CBTPA, and ATPDEA. It 
requested that apparel articles containing such yarns be eligible for 
preferential treatment under the AGOA, CBTPA, and ATPDEA. On January 
26, 2004, the Committee requested public comment on the petition (69 FR 
3569). On February 11, 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 February 11, 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 
February 24, 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 March 15, 
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 AGOA, CBTPA, and 
ATPDEA.
    The Committee hereby designates apparel articles, made from fabrics 
formed in the United States containing such yarns, that are sewn or 
otherwise assembled in one or more eligible sub-Saharan African 
countries or in one or more eligible CBTPA beneficiary countries from 
U.S. formed fabrics containing combed compact yarns, of wool or fine 
animal hair, classified in HTSUS subheadings 5107.10, 5107.20, or 
5108.20 as eligible to enter free of quotas and duties under HTSUS 
subheading 9819.11.24 or 9820.11.27, 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 also hereby designates apparel 
articles, made from fabrics formed in the United States containing such 
yarns, that are sewn or otherwise assembled in an eligible ATPDEA 
beneficiary country, as 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 beneficiary sub-Saharan African country'' means a 
country which the President has designated as a beneficiary sub-Saharan 
African country under section 506A of the Trade Act of 1974 (19 U.S.C. 
2466a), and which has been the subject of a finding, published in the 
Federal Register, that the country has satisfied the requirements of 
section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration 
of such country in U.S. note 1 to subchapter XIX of chapter 98 of the 
HTSUS.
    An ``eligible CBTPA beneficiary country'' means a country which the 
President has designated as a CBTPA beneficiary country under section 
213(b)(5)(B) of the Caribbean Basin Recovery Act (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)), resulting in the enumeration of such country in 
U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS.
    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

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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.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-12105 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-DR-S