[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64279-64280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3012]


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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 29, 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 24, 2004 the Chairman of CITA received a petition 
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 24, 2004, the Chairman of CITA received a petition 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.

Specifications:

 
 
 
Fabric 1                        Fancy polyester/rayon blend suiting
                                 fabric
HTS Subheading:                 5515.11.00.05
Fiber Content:                  65% polyester/35% rayon
Width:                          58/59 inches
Construction:                   Made on the worsted wool system with two-
                                 ply combed and ring spun yarns in the
                                 warp and fill
Dyeing:                         Yarns are made from dyed fibers
 
Fabric 2                        Fancy polyester/rayon blend suiting
                                 fabric
HTS Subheading:                 5515.11.00.05
Fiber Content:                  65% polyester/35% rayon
Width:                          58/59 inches
Construction:                   Made on the synthetic system with two-
                                 ply carded and ring spun yarns in the
                                 warp and fill
Dyeing:                         Yarns are made from dyed fibers
 
 

    On August 31, 2004, CITA solicited public comments regarding this 
petition (69 FR 53047), particularly with respect to whether these 
fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On September 16, 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

[[Page 64280]]

relevant Industry Trade Advisory Committees.
    CITA found that there are several domestic manufacturers with the 
ability to weave the subject fabrics. There was a general concern 
expressed about the sourcing of the required rayon staple fibers. 
However, rayon fiber can be sourced worldwide and be used in qualifying 
U.S. formed fabric for preferential treatment under the CBTPA.
    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 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 request is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-3012 Filed 11-3-04; 8:45 am]
BILLING CODE 3510-DS-S