[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Notices]
[Pages 69586-69587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3387]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designations Under the Textile and Apparel Commercial 
Availability Provisions of the United States-Caribbean Basin Trade 
Partnership Act (CBTPA)

November 23, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (The 
Committee).

ACTION: Designation.

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SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain woven, 100 percent cotton, flannel 
fabrics, of the specifications detailed below, classified in the 
indicated subheadings of the Harmonized Tariff Schedule of the United 
States (HTSUS), for use in products covered by textile categories 340, 
341, 347, 348, 350, 351, and 352, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. CITA hereby 
designates such apparel articles, that are both cut and sewn or 
otherwise assembled in an eligible CBTPA beneficiary country, from 
these fabrics as eligible for quota-free and duty-free treatment under 
the textile and apparel commercial availability provisions of the CBTPA 
and eligible under HTSUS subheadings 9820.11.27, to enter free of quota 
and duties, provided that all other fabrics are wholly formed in the 
United States from yarns wholly formed in the United States.

EFFECTIVE DATE: November 30, 2004.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211 of the CBTPA, amending Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act 
(CBERA); Presidential Proclamation 7351 of October 2, 2000; 
Executive Order No. 13191 of January 17, 2001.

Background

    The commercial availability provision of the CBTPA provides for 
duty-free and quota-free treatment for apparel articles that are both 
cut (or knit-to-shape) and sewn or otherwise assembled in one or more 
beneficiary CBTPA country from fabric or yarn that is not formed in the 
United States if it has been determined that such yarns or fabrics 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner and certain procedural requirements have been met. In 
Presidential Proclamation 7351, the President proclaimed that this 
treatment would apply to apparel articles from fabrics or yarn 
designated by the appropriate U.S. government authority in the Federal 
Register. In Executive Order 13191, the President authorized CITA to 
determine whether yarns or fabrics cannot be supplied by the domestic 
industry in commercial quantities in a timely manner.
    On July 14, 2004, the Chairman of CITA received twelve petitions 
from Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A., 
alleging that certain woven, 100 percent cotton, flannel fabrics, of 
detailed specifications, classified in indicated HTSUS subheadings, for 
use in shirts, trousers, nightwear, robes, dressing gowns, and woven 
underwear, 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 such apparel articles that are both cut 
and sewn in one or more CBTPA beneficiary countries from such fabrics. 
On July 22, 2004, CITA requested public comment on the petition. See 
Request for Public Comment on Commercial Availability Petition under 
the United States-Caribbean Basin Trade Partnership Act (CBTPA) (69 FR 
43805). Subsequently, three of the petitions were withdrawn because the 
petitioner informed CITA that they contained minor but significant 
errors with regard to the detailed specifications. See Withdrawal of 
Three Commercial Availability Petitions under the United States-
Caribbean Basin Trade Partnership Act (CBTPA)(69 FR 46137). On August 
9, 2004, CITA and the U.S. Trade Representative (USTR) sought the 
advice of the Industry Trade Advisory Committee for Textiles and 
Clothing and the Industry Trade Advisory Committee for Distribution 
Services. On August 9, 2004, CITA and USTR offered to hold 
consultations with the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate 
(collectively, the Congressional Committees). On August 25, 2004, the

[[Page 69587]]

U.S. International Trade Commission provided advice on the petitions.
    Based on the information and advice received and its understanding 
of the industry, CITA determined that the fabrics set forth in the 
petitions cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. On September 10, 2004, CITA and USTR 
submitted a report to the Congressional Committees that set forth the 
action proposed, the reasons for such action, and advice obtained. A 
period of 60 calendar days since this report was submitted has expired. 
During this 60 calendar day period, the petitioner notified CITA that 
it was withdrawing one of the remaining nine petitions as this fabric 
is no longer available from its source.
    CITA hereby designates as eligible for preferential treatment under 
HTSUS subheading 9820.11.27, products covered by textile categories 
340, 341, 347, 348, 350, 351, and 352, that are both cut and sewn or 
otherwise assembled in one or more eligible CBTPA beneficiary 
countries, from certain woven, 100 percent cotton, flannel fabrics, of 
the specifications detailed below, classified in the indicated HSTUS 
subheadings, not formed in the United States, provided that all other 
fabrics are wholly formed in the United States from yarns wholly formed 
in the United States, subject to the special rules for findings and 
trimmings, certain interlinings and de minimis fibers and yarns under 
section 112(d) of the CBTPA, and that such articles are imported 
directly into the customs territory of the United States from an 
eligible CBTPA beneficiary country.

Specifications

1 Fabric:                       Style 4807
HTS Subheading:                 5208.32.30.40
Fiber Content:                  100% Cotton
Weight:                         152.6 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   24.4 warp ends per centimeter; 15.7
                                 filling picks per centimeter; total:
                                 40.1 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 20.3 metric, open end spun; overall
                                 average yarn number: 39.4 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
2 Fabric:                       Style 0443
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   22.8 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 24.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
3 Fabric:                       Style 62BV1500240
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         203 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   20.5 warp ends per centimeter; 17.3
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 13.5 metric, open end spun; overall
                                 average yarn number: 27.9 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
4 Fabric:                       Style 4697
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         291.5 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   23.2 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 38.2 threads per square centimeter
Yarn Number:                    Warp: 27.07 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
5 Fabric:                       Style 62BU1600240
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         291.5 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   26.8 warp ends per centimeter; 16.5
                                 filling picks per centimeter; total:
                                 43.3 threads per square centimeter
Yarn Number:                    Warp: 25.46 metric, ring spun; filling:
                                 10.16 metric, open end spun; overall
                                 average yarn number: 23.8 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
6 Fabric:                       Style 4237
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         254 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   20 warp ends per centimeter; 14.5
                                 filling picks per centimeter; total:
                                 34.5 threads per square centimeter
Yarn Number:                    Warp: 28.8 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
7 Fabric:                       Style 0443A
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   22.8 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 24.1 metric
Finish:                         gingham check or plaid of yarns of
                                 different colors; napped on both sides,
                                 sanforized
 
8 Fabric:                       Style 4245
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   19.7 warp ends per centimeter; 11.8
                                 filling picks per centimeter; total:
                                 31.5 threads per square centimeter
Yarn Number:                    Warp: 20.3 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         Plaid of yarns of different colors;
                                 napped on both sides, sanforized
 

    An ``eligible CBTPA beneficiary country'' means a country which the 
President has designated as a CBTPA beneficiary country under section 
213(b)(5)(B) of the CBERA (19 U.S.C. 2703(b)(5)(B)) and which has been 
the subject of a finding, published in the Federal Register, that the 
country has satisfied the requirements of section 213(b)(4)(A)(ii) of 
the CBERA (19 U.S.C. 2703(b)(4)(A)(ii)) and resulting in the 
enumeration of such country in U.S. note 1 to subchapter XX of Chapter 
98 of the HTSUS.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E4-3387 Filed 11-29-04; 8:45 am]
BILLING CODE 3510-DR-S