[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64278-64279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3013]


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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 twill rayon/nylon/
spandex warp stretch 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 August 31, 2004 the Chairman of CITA received a petition 
from Mast Industries, Inc. alleging that certain twill rayon/nylon/
spandex warp stretch fabric, of specifications detailed below, 
classified in subheading 5516.22.0040 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 August 31, 2004, the Chairman of CITA received a petition from 
Mast Industries, Inc. alleging that certain twill rayon/nylon/spandex 
warp stretch fabric, of specifications detailed below, classified in 
HTSUS subheading 5516.22.0040, 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 sewn in one or more CBTPA beneficiary countries 
from such fabrics.

Specifications:

 
 
 
HTSUS Subheading:               5516.22.0040

[[Page 64279]]

 
Fiber Content:                  77% staple rayon/ 20% filament nylon/ 3%
                                 filament spandex
Weight:                         245 g/m2
Construction:                   2 X 1 twill weave
Thread Count:                   39.4 warp ends per centimeter and 29.9
                                 filling picks per centimeter
Yarn Number:                    Warp: 70 denier filament nylon yarns
                                 gimped around a core of 40 denier
                                 monofilament spandex; filling: 10/1
                                 c.c. staple rayon yarn
 
 

    On September 8, 2004, CITA solicited public comments regarding this 
petition (69 FR 54269), particularly with respect to whether these 
fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. On September 24, 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.
    The petitioner emphasized that domestic mills do not have the 
processing capabilities or equipment to manufacture warp stretch woven 
fabrics. CITA found that there is domestic capacity to weave, dye and 
finish the subject fabric. A variety of stretch fabric programs are 
currently being manufactured in the United States. CITA concluded that 
the domestic industry is capable of supplying the subject fabric in 
commercial quantities in a timely manner.
    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 twill rayon/nylon/spandex 
warp stretch fabric, described above, classified in HTSUS subheading 
5516.22.0040, for use in apparel articles, can be supplied by the 
domestic industry in commercial quantities in a timely manner. Mast 
Industries' request is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-3013 Filed 11-3-04; 8:45 am]
BILLING CODE 3510-DS-S