[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Page 76455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27911]


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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)

December 15, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Denial of the request alleging that certain colored open end 
spun yarns for use in chief weight cotton sweaters cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
under the CBTPA.

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SUMMARY: On October 12, 2004, the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of Bernette Textile 
Co, LLC of New York, NY, alleging that certain colored open end spun 
yarns ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/
1 metric) of a blend of reclaimed and reprocessed cotton and acrylic 
staple fiber, for use in chief weight cotton sweaters, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. The petition requested that such apparel made from such yarn be 
eligible for preferential treatment under the CBTPA.

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 October 12, 2004, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of Bernette Textile Co, 
LLC of New York, NY, alleging that certain colored open end spun yarns 
ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 
metric) of a blend of reclaimed and reprocessed cotton and acrylic 
staple fiber, for use in chief weight cotton sweaters, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. It requested that such apparel made from such yarn be eligible 
for preferential treatment under the CBTPA.
    Specifications:
    HTS Subheadings: 5206.11.00.00, 5206.12.00.00.
    Description: Open end spun yarn of uncombed fibers.
    Size: 10 to 31 metric count.
    Fiber Content: In chief weight of cotton reclaimed from fabric 
scraps blended with producer dyed acrylic stable produced under license 
from Outlast Technologies, Inc.
    On October 20, 2004, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether these yarns can be supplied by the domestic industry in 
commercial quantities in a timely manner (69 FR 61658). On November 5, 
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.
    Based upon the ITC report and information provided by the domestic 
industry, CITA finds that there is domestic capacity and ability to 
supply colored open end spun yarns of a blend of reclaimed and 
reprocessed cotton and acrylic staple fiber in commercial quantities 
and a timely manner. CITA finds that the assertion of a patent or 
license as a barrier to domestic production of the subject product is 
not a sufficient reason alone to conclude that the product cannot be 
supplied by domestic industry 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 the subject product in commercial quantities in a timely manner. 
Bernette's request is denied.

James C. Leonard, III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-27911 Filed 12-20-04; 8:45 am]
BILLING CODE 3510-DS-P