[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Pages 52000-52001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19289]


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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)

August 18, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain dyed, two way 
stretch twill woven fabric, for use in apparel articles, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the CBTPA.

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SUMMARY: On June 18, 2004 the Chairman of CITA received a petition from 
Pressman-Gutman Co., Inc. alleging that certain dyed, two way stretch 
twill woven fabric, of three ply yarns composed of 62 percent staple 
polyester, 33 percent staple rayon and 5 percent filament spandex, of 
stated specifications, classified in subheading 5515.11.0040 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. 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 June 18, 2004, the Chairman of CITA received a petition from 
Pressman-Gutman Co., Inc. alleging that certain dyed, two way stretch 
twill woven fabric, of three ply yarns composed of 62 percent staple 
polyester, 33 percent staple rayon and 5 percent filament spandex, of 
stated specifications, classified in HTSUS subheading 5515.11.0040, 
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

[[Page 52001]]

sewn in one or more CBTPA beneficiary countries from such fabrics.
    On June 25, 2004, CITA solicited public comments regarding this 
petition (69 FR ), particularly with respect to whether these fabrics 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. On July 13, 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 
petition, public comments and advice received, and our knowledge of the 
industry, CITA has determined that certain dyed, two way stretch twill 
woven fabric, described above, classified in HTSUS subheading 
5515.11.0040, for use in apparel articles, can be supplied by the 
domestic industry in commercial quantities in a timely manner. 
Pressman-Gutman's request is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.04-19289 Filed 8-23-04; 8:45 am]
BILLING CODE 3510-DR-S