[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 81-82]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28717]


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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 23, 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.

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SUMMARY: On August 31, 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 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.

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

[[Page 82]]

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 
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 cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. The petition 
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.

Specifications:

 
 
 
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4934
HTS Subheading:                 6006.32.00.80
Fiber Content:                  64% polyester staple/34% cotton/2%
                                 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:        45% from relaxed state; 95% recovery to
                                 relaxed state
 

    On September 8, 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 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.
    Given the information in the ITC report and provided by the 
domestic industry for this and three subsequent petitions on similar 
products, CITA finds that there is domestic capacity and ability to 
supply 24-gauge circular knit fabric. During the review of the final 
petition, CITA uncovered information that there are several domestic 
suppliers capable of providing 24-gauge circular knit fabric. Follow-up 
calls made by a CITA representative confirmed that there are at least 
two U.S. companies who have 24-gauge knitting machines and state they 
have the ability to make the subject 24-gauge fabric 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 request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-28717 Filed 12-30-04; 8:45 am]
BILLING CODE 3510-DS-S