[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Notices]
[Pages 63141-63142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2913]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request under the Andean Trade 
Promotion and Drug Eradication Act (ATPDEA)

October 26, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain polyester 
monofilament yarn, for use in women's and children's apparel, cannot be 
supplied by the domestic industry in commercial

[[Page 63142]]

quantities in a timely manner under the AGOA.

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SUMMARY: On August 23, 2004, the Chairman of CITA received a petition 
from Textiles Erre Emme Ltda. of Bogota, Colombia, alleging that 
certain polyester monofilament texturized, raw, white yarn, of denier 
20D/F1, classified in subheading 5402.33.30 of the Harmonized Tariff 
Schedule of the United States (HTSUS), for use in women's and 
children's apparel, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner, and requesting that such 
apparel made from such yarn be eligible for preferential treatment 
under the ATPDEA. Based on currently available information, CITA has 
determined that these subject yarns can be supplied by the domestic 
industry in commercial quantities in a timely manner and therefore 
denies the request.

FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: 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 ATPDEA 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 ATPDEA 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 
ATPDEA beneficiary countries from fabric or yarn that is not formed in 
the United States or a beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. Pursuant to Executive Order 
No. 13277 (67 FR 70305) and the United States Trade Representative's 
Notice of Redelegation of Authority and Further Assignment of Functions 
(67 FR 71606), the President's authority to determine whether yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the ATPDEA has been delegated to 
CITA.
    On August 23, 2004, the Chairman of CITA received a petition from 
Textiles Erre Emme Ltda of Bogota, Colombia, alleging that certain 
polyester monofilament texturized, raw, white yarn, of denier 20D/F1, 
classified in subheading 5402.33.30 of the Harmonized Tariff Schedule 
of the United States (HTSUS), for use in women's and children's 
apparel, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The petitioner requested quota- and 
duty-free treatment under the ATPDEA for such apparel that are woven or 
knit in one or more ATPDEA beneficiary countries from such yarn.
    On August 31, 2004, CITA solicited public comments regarding this 
request, particularly with respect to whether these yarns can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. On September 16, 2004, CITA and USTR offered to hold 
consultations with the Senate Finance Committee and the House Ways and 
Means Committee. Neither Committee has requested consultations on this 
request. We also requested the advice of the U.S. International Trade 
Commission and the relevant Industry Trade Advisory Committees.
    CITA has determined that certain polyester monofilament texturized, 
raw, white yarn, of denier 20D/F1, classified in subheading 5402.33.30 
of the Harmonized Tariff Schedule of the United States (HTSUS), for use 
in women's and children's apparel can be supplied by the domestic 
industry in commercial quantities in a timely manner. Textiles Erre 
Emme Ltda.'s request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.E4-2913 Filed 10-28-04; 8:45 am]
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