[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Notices]
[Pages 69587-69588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3389]


-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request Under the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

November 24, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain circular knit 
jersey fabric for use in apparel articles cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA.

-----------------------------------------------------------------------

SUMMARY: On September 20, 2004, the Chairman of CITA received a 
petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, 
Inc. of New York (Jaclyn), alleging that certain circular single knit 
jersey fabric of the specifications detailed below, classified in 
subheading 6006.34.00.80 of the Harmonized Tariff Schedule of the 
United States (HTSUS), cannot be

[[Page 69588]]

supplied by the domestic industry in commercial quantities in a timely 
manner. The petition requests that women's and girl's nightwear of such 
fabric assembled in one or more CBTPA beneficiary countries be eligible 
for preferential treatment under the CBTPA.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, 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 September 20, 2004, the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of 
New York, alleging that certain circular single knit jersey fabric of 
the specifications detailed below, classified in subheading 
6006.34.00.80 of the Harmonized Tariff Schedule of the United States 
(HTSUS), cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The petition requests that women's and 
girl's nightwear of such fabric assembled in one or more CBTPA 
beneficiary countries be eligible for preferential treatment under the 
CBTPA.

Specifications

Fabric Description              single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No             4944
HTS Subheading                  6006.34.00.80
Fiber Content                   64% polyester staple/35.5%-35.8% cotton/
                                 0.2%-0.5% spandex
Weight                          6.06 sq. meters/kg
Yarn Size                       54.14 metric (32/1 English), spun,
                                 filament core
Gauge                           28
Finish                          (Piece) dyed and printed
Stretch Characteristics         25% from relaxed state; 90% recovery to
                                 relaxed state
 

    On September 23, 2004, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. On October 14, 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.
    Through the ITC report and our contacts with domestic industry, we 
learned that there is domestic capacity and ability to supply 28-gauge 
circular knit fabric, which is a standard size for the U.S. industry. 
The ITC report and follow-up calls made by a CITA representative 
confirmed that there are two U.S. companies who have 28-gauge knitting 
machines and state they have the ability to make the subject 28-gauge 
fabric.
    CITA has determined that the domestic industry can supply the 
subject fabric described above in commercial quantities in a timely 
manner. On the basis of currently available information and our review 
of this request, CITA has determined that there is domestic capacity to 
supply a substitutable product in commercial quantities in a timely 
manner. Jaclyn's request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E4-3389 Filed 11-29-04; 8:45 am]
BILLING CODE 3510-DS-S