[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Notices]
[Page 60618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2570]



[[Page 60618]]

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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)

October 5, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain woven fabrics, of 
the specifications detailed below, 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 August 3, 2004 the Chairman of CITA received four petitions 
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman & 
Tobin, alleging that certain woven fabrics, of the specifications 
detailed below, classified in the indicated subheadings 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: Martin J. Walsh, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2818.

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 August 3, 2004, the Chairman of CITA received four petitions 
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman & 
Tobin, alleging that certain woven fabrics, of the specifications 
detailed below, classified in the indicated subheadings 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 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. The petition for Fabric Number 2 was subsequently withdrawn.
    On August 9, 2004, CITA solicited public comments regarding the 
three petitions (69 FR 48224), particularly with respect to whether 
these fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On August 25, 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 
petitions, public comments, advice received, and our knowledge of the 
industry, CITA has determined that certain woven fabrics, of the 
specifications detailed below, classified in the indicated subheadings 
of the Harmonized Tariff Schedule of the United States (HTSUS), for use 
in apparel articles, can be supplied by the domestic industry in 
commercial quantities in a timely manner. Sharretts, Paley, Carter & 
Blauvelt's requests are denied.

Specifications:

 
 
 
Fabric 1                        Twill Fabric
HTS Subheadings:                5208.33.00.00 & 5209.32.00.20
Fiber Content:                  100% Cotton
Width:                          57/58 inches
Construction:                   Two-ply in the warp and fill, of combed
                                 cotton ring spun yarns, 132 x 67, yarn
                                 sizes 40 x 2/21 x 2
Dyeing:                         Continuous Dyeing
 
Fabric 3                        Fancy polyester filament fabric
HTS Subheading:                 5407.52.20.20, 5407.52.20.60,
                                 5407.53.20.20 & 5407.53.20.60
Fiber Content:                  100% Polyester
Width:                          58/60 inches
Construction:                   Plain, twill and satin weaves, in
                                 combinations of 75 denier, 100 denier,
                                 150 denier, and 300 denier yarn sizes,
                                 with mixes of 25% cationic/75%
                                 disperse, 50% cationic/50% disperse,
                                 and 100% cationic.
Dyeing:                         (Piece) dyed or of yarns of different
                                 colors
 
Fabric 4                        190T polyester lining fabric
HTS Subheading:                 5407.61.99.25-35
Fiber Content:                  100% Polyester
Construction:                   110 x 80, 68 denier x 68 denier
Dyeing:                         Jet overflow and jet spinning methods
 
 


James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-2570 Filed 10-8-04; 9:45 am]
BILLING CODE 3510-DR-S