[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12204-12205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1028]


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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), African Growth 
and Opportunity Act (AGOA), and the Andean Trade Promotion and Drug 
Eradication Act (ATPDEA)

March 7, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain anti-microbial 
elastomeric filament yarn, of the specifications below, classified in 
under subheadings 5402.49.9005 and 5404.10.8005 of the Harmonized 
Tariff Schedule of the United States (HTSUS), cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA, AGOA, and ATPDEA.

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SUMMARY: On January 3, 2005 the Chairman of CITA received a petition 
from Alston & Bird, LLP, on behalf of Ge-Ray Fabrics, Inc., alleging 
that certain anti-microbial elastomeric filament yarn, of the 
specifications

[[Page 12205]]

below, classified in under subheadings 5402.49.9005 and 5404.10.8005 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 requested that knit apparel articles from such 
yarns or from U.S. formed fabrics containing such yarns, be eligible 
for preferential treatment under the African Growth and Opportunity Act 
(AGOA), the U.S. - Caribbean Basin Trade Partnership Act (CBTPA), and 
the Andean Trade Promotion and Drug Eradication Act (ATPDEA).

FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as 
added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001; Presidential Proclamations 7350 
and 7351 of October 4, 2000; Section 204 (b)(3)(B)(ii) of the 
ATPDEA, Presidential Proclamation 7616 of October 31, 2002, 
Executive Order 13277 of November 19, 2002, and the United States 
Trade Representative's Notice of Redelegation of Authority and 
Further Assignment of Functions of November 25, 2002.

Background

    The AGOA, the CBTPA, and the ATPDEA provide 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 AGOA, 
the CBTPA, and the ATPDEA also provide 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 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 (66 FR 7271) and pursuant to Executive Order No. 13277 
(67 FR 70305) and the United States Trade Representative's Notice of 
Redelegation of Authority and Further Assignment of Functions (67 FR 
71606), CITA has been delegated the authority to determine whether 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the AGOA, the CBTPA, or 
the ATPDEA. On March 6, 2001, CITA published procedures that it will 
follow in considering requests (66 FR 13502).
    On January 3, 2005 the Chairman of CITA received a petition from 
Alston & Bird, LLP, on behalf of Ge-Ray Fabrics, Inc., alleging that 
certain anti-microbial elastomeric filament yarn in under subheadings 
5402.49.9005 and 5404.10.8005 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 requested that 
knit apparel articles from such yarns or from U.S. formed fabrics 
containing such yarns, be eligible for preferential treatment under the 
AGOA, the CBTPA, and the ATPDEA.
    On January 10, 2005, 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. See Request for Public 
Comments on a Commercial Availability Request under the African Growth 
and Opportunity Act (AGOA), Caribbean Basin Trade Partnership Act 
(CBTPA), and the Andean Trade Promotion and Drug Eradication Act 
(ATPDEA), 70 FR 1694 (January 10, 2005). On January 26, 2005, CITA and 
USTR offered to hold consultations with the House Ways and Means 
Committee and the Senate Finance Committee, but no consultations were 
requested. We also requested advice from the U.S. International Trade 
Commission and the relevant Industry Trade Advisory Committees.
    CITA found that anti-microbial elastomeric yarn can be supplied by 
the domestic industry in commercial quantities and in a timely manner. 
Specifically, CITA found that there are several domestic manufacturers 
who currently produce the subject yarns and are capable of producing 
the subject yarn, or a substitutable yarn with the same 
characteristics, 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 there is domestic capacity to 
supply the subject product, or a substitutable product, in commercial 
quantities in a timely manner. Ge-Ray's request is denied.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-1028 Filed 3-10-05; 8:45 am]
BILLING CODE 3510-DS-S