[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Notices]
[Pages 24767-24768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9412]



[[Page 24767]]

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designation under the Textile and Apparel Commercial Availability 
Provision of the African Growth and Opportunity Act (AGOA), the Andean 
Trade Promotion and Drug Eradication Act (ATPDEA), and the U.S. - 
Caribbean Basin Trade Partnership Act (CBTPA)

May 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation.

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EFFECTIVE DATE: May 11, 2005.
SUMMARY: CITA has determined that certain ring spun single yarns of 
English yarn number 30 and higher of 0.9 denier or finer micro modal 
fibers, classified in subheading 5510.11.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS), for use in women's and girls' 
knit apparel articles, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the AGOA, the ATPDEA, 
and the CBTPA. CITA hereby designates such apparel articles that are 
both cut and sewn or otherwise assembled in one or more eligible 
beneficiary sub Saharan African country or in one or more eligible 
CBTPA beneficiary country from U.S. formed fabrics containing such 
yarns as eligible to enter free of quotas and duties under HTSUS 
subheading 9819.11.24 or 9820.11.27, provided all other yarns used in 
the referenced apparel articles are U.S. formed and all other fabrics 
used in the referenced apparel articles are U.S. formed from yarns 
wholly formed in the United States. CITA also hereby designates such 
yarns as eligible under HTSUS subheading 9821.11.10, if used in women's 
and girls' knit apparel articles sewn or otherwise assembled in an 
eligible ATPDEA beneficiary country from U.S. formed fabric containing 
such yarns; such apparel containing such yarns shall be eligible to 
enter free of quotas and duties under this subheading, provided all 
other yarns used in the referenced apparel articles are U.S. formed and 
all other fabrics used in the referenced apparel articles are U.S. 
formed from yarns wholly formed in the United States. CITA notes that 
this designation under the ATPDEA renders women's and girls' knit 
apparel articles sewn or otherwise assembled in an eligible ATPDEA 
beneficiary country containing such yarn as eligible for quota-free and 
duty-free treatment under HTSUS subheading 9821.11.13, provided the 
requirements of that subheading are met.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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 CBTPA, 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 Further 
Assignment of Functions of November 25, 2002.

BACKGROUND:

    The commercial availability provisions of the AGOA, the ATPDEA, and 
the CBTPA provide for duty free and quota 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 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and certain procedural 
requirements have been met. In Presidential Proclamations 7350 and 7351 
of October 4, 2000 and Presidential Proclamation 7616 of October 31, 
2002, the President proclaimed that this treatment would apply to such 
apparel articles from fabrics or yarns designated by the appropriate 
U.S. government authority in the Federal Register. In Sections 1 and 6 
of Executive Order No. 13191 of January 17, 2001, Executive Order 13277 
of November 19, 2002, and the United States Trade Representative's 
Notice of Further Assignment of Functions of November 25, 2002, CITA 
was authorized 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 December 27, 2004, CITA received a request alleging that certain 
ring spun single yarns of English yarn number 30 and higher of 0.9 
denier or finer micro modal fibers, described above, for use in women's 
and girls' knit apparel articles, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the AGOA, 
the ATPDEA and the CBTPA. It requested that such apparel articles 
containing such yarns be eligible for preferential treatment under the 
AGOA, the ATPDEA, and the CBTPA. On January 3, 2005, CITA requested 
public comment on the petition. See Request for Public Comments on 
Commercial Availability Petition under the African Growth and 
Opportunity Act (AGOA), the United States - Caribbean Basin Trade 
Partnership Act (CBTPA), and the Andean Trade Promotion and Drug 
Eradication Act (ATPDEA), 70 FR 80 (January 3, 2005). On January 19, 
2005, CITA and the U.S. Trade Representative (USTR) sought the advice 
of the Industry Trade Advisory Committee for Textiles and Clothing and 
the Industry Trade Advisory Committee for Distribution Services. On 
January 19, 2005, CITA and USTR offered to hold consultations with the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate (collectively, the Congressional 
Committees). On February 7, 2005, the U.S. International Trade 
Commission provided advice on the request.
    Based on the information and advice received and its understanding 
of the industry, CITA determined that the yarn set forth in the request 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. On February 25, 2005, CITA and USTR submitted a report 
to the Congressional Committees that set forth the action proposed, the 
reasons for such action, and advice obtained. A period of 60 calendar 
days since this report was submitted has expired, as required by the 
AGOA, the ATPDEA, and the CBTPA.
    CITA hereby designates women's and girls' knit apparel articles 
that are both cut and sewn or otherwise assembled in one or more 
eligible beneficiary sub Saharan African country or in one or more 
eligible CBTPA beneficiary country from U.S. formed fabrics containing 
ring spun single yarns of English yarn number 30 and higher of 0.9 
denier or finer micro modal fibers, classified in HTSUS subheading 
5510.11.0000, as eligible to enter free of quotas and duties under 
HTSUS subheading 9819.11.24 or 9820.11.27, provided all other yarns 
used in the referenced apparel articles are U.S. formed and all other 
fabrics used in the referenced apparel articles are U.S. formed from 
yarns wholly formed in the United States, subject to the special rules 
for findings and trimmings, certain interlinings and de minimis fibers 
and yarns under section 112(d) of the AGOA and section 211 (vii) of the 
CBTPA, and that such articles are imported directly into the customs 
territory of the United States from an eligible AGOA or CBTPA 
beneficiary country.

[[Page 24768]]

    CITA also hereby designates such yarns as eligible under HTSUS 
subheading 9821.11.10, if used in women's and girls' knit apparel 
articles sewn or otherwise assembled in an eligible ATPDEA beneficiary 
country from U.S. formed fabric containing such yarns. Such apparel 
containing such yarns shall be eligible to enter free of quotas and 
duties under this subheading, provided all other yarns used in the 
referenced apparel articles are U.S. formed and all other fabrics used 
in the referenced apparel articles are U.S. formed from yarns wholly 
formed in the United States, subject to the special rules for findings 
and trimmings, certain interlinings and de minimis fibers and yarns 
under section 204(b)(3)(B)(vi) of the ATPDEA, and that such articles 
are imported directly into the customs territory of the United States 
from an eligible ATPDEA beneficiary country.
    An ``eligible beneficiary sub Saharan African country'' means a 
country which the President has designated as a beneficiary sub Saharan 
African country under section 506A of the Trade Act of 1974 (19 U.S.C. 
2466a), and which has been the subject of a finding, published in the 
Federal Register, that the country has satisfied the requirements of 
section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration 
of such country in U.S. note 1 to subchapter XIX of chapter 98 of the 
HTSUS.
    An ``eligible ATPDEA beneficiary country'' means a country which 
the President has designated as an ATPDEA beneficiary country under 
section 203(a)(1) of the Andean Trade Preference Act (ATPA) (19 U.S.C. 
3202(a)(1)), and which has been the subject of a finding, published in 
the Federal Register, that the country has satisfied the requirements 
of section 203(c) and (d) of the ATPA (19 U.S.C. 3202(c) and (d)), 
resulting in the enumeration of such country in U.S. note 1 to 
subchapter XXI of Chapter 98 of the HTSUS.
    An ``eligible CBTPA beneficiary country'' means a country which the 
President has designated as a CBTPA beneficiary country under section 
213(b)(5)(B) of the Caribbean Basin Recovery Act (CBERA) (19 U.S.C. 
2703(b)(5)(B)), and which has been the subject of a finding, published 
in the Federal Register, that the country has satisfied the 
requirements of section 213(b)(4)(A)(ii) of the CBERA (19 U.S.C. 
2703(b)(4)(A)(ii)), resulting in the enumeration of such country in 
U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-9412 Filed 5-10-05; 8:45 am]
BILLING CODE 3510-DS-S