[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 80-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28716]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

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

ACTION: Denial of the requests alleging that certain circular knit 
jersey fabrics 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 October 19, 2004, the Chairman of CITA received two 
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, 
Inc. of New York, alleging that certain circular single knit jersey 
fabrics of the

[[Page 81]]

specifications detailed below, classified in subheadings 6006.31.00.80 
and 6006.32.00.80 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. These petitions requested 
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 October 19, 2004, the Chairman of CITA received two petitions 
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of 
New York (Jaclyn), alleging that certain circular single knit jersey 
fabrics of the specifications detailed below, classified in subheadings 
6006.31.00.80 and 6006.32.00.80 of the HTSUS, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. These 
petitions requested that women's and girl's nightwear of such fabrics 
assembled in one or more CBTPA beneficiary countries be eligible for 
preferential treatment under the CBTPA.

Specifications:

 
 
 
Specifications:                 ........................................
Fabric 1            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4934A
HTS Subheading:                 6006.32.00.80
Fiber Content:                  66-68% polyester staple/32-34% cotton/
                                 0.2-0.5% spandex
Weight:                         6.165 sq. meters/kg
Yarn Size:                      54.14 metric (32/1 English), spun,
                                 filament core
Gauge:                          24
Finish:                         (Piece) dyed
Stretch Characteristics:        Minimum 25% from relaxed state; 90%
                                 recovery to relaxed state
 
Fabric 2            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4944S
HTS Subheading:                 6006.31.00.80 & 6006.32.00.80
Fiber Content:                  64% polyester/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:                         Bleached or (Piece) dyed
Stretch Characteristics:        25% from relaxed state; 90% recovery to
                                 relaxed state
 

    On October 26, 2004, CITA published a Federal Register notice 
requesting public comments on the requests, particularly with respect 
to whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. On November 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 
relevant Industry Trade Advisory Committees.
    Given the information in the ITC report and provided by the 
domestic industry, CITA finds that there is domestic capacity and 
ability to supply both 24-gauge and 28-gauge circular knit fabric. The 
ITC report and follow-up calls made by a CITA representative confirmed 
that there are several U.S. companies that have 24-gauge or 28-gauge 
knitting machines, or both, and state they have the ability to make the 
subject fabrics in commercial quantities and in a timely manner.
    On the basis of currently available information and our review of 
this request, CITA has determined that the domestic industry can supply 
the subject fabric described above in commercial quantities in a timely 
manner. Jaclyn's requests are denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.04-28716 Filed 12-30-04; 8:45 am]
BILLING CODE 3510-DS-S