[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50170-50171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18526]


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

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

August 9, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The 
Committee).

ACTION: Designation.

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

SUMMARY: The Committee for the Implementation of Textile Agreements 
(Committee) has determined that 100 percent cotton yarn-dyed woven 
flannel fabrics, made from 14 through 41 NM single ring-spun yarns, 
classified in 5208.43.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS), of construction 2 X 1 twill weave, weighing 200 
grams per square meter or less, for use in apparel articles excluding 
gloves, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The Committee hereby designates apparel 
articles, excluding gloves, that are both cut and sewn or otherwise 
assembled in an eligible CBTPA beneficiary 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 HTSUS subheadings 9820.11.27, to enter free of quota and 
duties, provided that all other fabrics are wholly formed in the United 
States from yarns wholly formed in the United States.

EFFECTIVE DATE: August 13, 2004.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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 (CBERA) as added by Section 211(d) of the 
CBTPA; Presidential Proclamation 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

[[Page 50171]]

more beneficiary CBTPA country 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 Proclamation 7351, the President proclaimed 
that this treatment would apply to apparel articles from fabrics or 
yarn designated by the appropriate U.S. government authority in the 
Federal Register. In Executive Order 13191, the President authorized 
the Committee to determine whether yarns or fabrics cannot be supplied 
by the domestic industry in commercial quantities in a timely manner.
    On May 12, 2004 the Chairman of the Committee received a petition 
from Sandler, Travis, and Rosenberg, P.A., on behalf of Dillard's, Inc. 
of Little Rock, Arkansas and BWA, Inc. of New York, New York, that 100 
percent cotton yarn-dyed woven flannel fabrics, made from 14 through 41 
NM single ring-spun yarns, classified in 5208.43.00 of the HTSUS, of 
construction 2 X 1 twill weave, weighing 200 grams per square meter or 
less, for use in apparel articles excluding gloves, 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.
    In response to a previous commercial availability request by the 
same petitioners on the subject fabrics, the Committee requested public 
comments on March 11, 2004 (69 FR 11596). Also in response to the 
previous petition, the Committee and the U.S. Trade Representative 
(USTR) sought the advice of the Industry Trade Advisory Committee for 
Textiles and Clothing and the Industry Trade Advisory Committee for 
Distribution Services regarding the proposed action on March 30, 2004. 
On March 29, 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 (Congressional Committees) 
regarding the proposed action. On April 15, 2004, the U.S. 
International Trade Commission provided advice regarding the proposed 
action. On May 6, 2004, the Committee denied the previous petition on 
the subject fabrics. However, new information was subsequently obtained 
supporting the petitioners' claim that such fabrics cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
Based on the information and advice received and its understanding of 
the industry, the Committee determined that the fabric set forth in the 
instant petition cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. On June 2, 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.
    The Committee hereby designates as eligible for preferential 
treatment under HTSUS subheading 9820.11.27, apparel articles, 
excluding gloves, that are both cut and sewn or otherwise assembled in 
one or more eligible CBTPA beneficiary countries, from 100 percent 
cotton yarn-dyed woven flannel fabrics, made from 14 through 41 NM 
single ring-spun yarns, classified in 5208.43.00 of the HTSUS, of 
construction 2 X 1 twill weave, weighing 200 grams per square meter or 
less, 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, subject to the special rules for findings and trimmings, 
certain interlinings and de minimis fibers and yarns under section 112 
(d) of the CBTPA, and that such articles are imported directly into the 
customs territory of the United States from an eligible CBTPA 
beneficiary country.
    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 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 HTSUS.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.04-18526 Filed 8-12-04; 8:45 am]
BILLING CODE 3510-DR-S