[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30706-30707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2706]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designation under the Textile and Apparel Commercial Availability 
Provision of the U.S. - Caribbean Basin Trade Partnership Act (CBTPA)

May 24, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Designation.

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EFFECTIVE DATE: May 27, 2005.
SUMMARY: CITA has determined 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 not less 
than 35 percent nor more than 49 percent by weight of Outlast licensed 
phase change acrylic staple fibers, produced under license from 
Outlast, classified in subheadings 5206.11.00.00 and 5206.12.00.00 of 
the Harmonized Tariff Schedule of the United States (HTSUS), for use in 
chief weight cotton sweaters, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the CBTPA. 
CITA hereby designates chief weight cotton sweaters, made from knit 
fabrics formed in the United States or an eligible beneficiary CBTPA 
country from such yarns, that are both cut and sewn or otherwise 
assembled in one or more eligible CBTPA beneficiary country as eligible 
to enter free of quotas and duties under HTSUS subheading 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.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202)482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 211(a) of the CBTPA, amending Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Recovery Act (CBERA); 
Executive Order No. 13191 of January 17, 2001; Presidential 
Proclamation 7351 of October 2, 2000.

Background

    The commercial availability provision of the CBTPA provides 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 Proclamation 7351, 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 Executive Order No. 13191, the President authorized CITA 
to determine whether yarns or fabrics cannot be supplied by the 
domestic industry in commercial quantities in a timely manner.
    On January 14, 2005, CITA received a request alleging that certain 
colored, open end spun yarns, of a blend of reclaimed and reprocessed 
cotton and not less than 35 percent nor more than 49 percent by weight 
of Outlast licensed phase change acrylic staple fibers, described 
above, for use in chief weight cotton sweaters, cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the CBTPA. It requested that such apparel articles, made from knit 
fabrics formed in the United States or an eligible beneficiary CBTPA 
country of such yarns, be eligible for preferential treatment under the 
CBTPA. On January 25, 2005, CITA requested public comment on the 
petition. See Request for Public Comments on Commercial Availability 
Petition under the United States - Caribbean Basin Trade Partnership 
Act (CBTPA) (70 FR 3251, published on January 25, 2005). On February 
10, 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 February 10, 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 25, 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 yarns set forth in the 
request cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. On March 15, 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 CBTPA.

[[Page 30707]]

    CITA hereby designates chief weight cotton sweaters that are both 
cut and sewn or otherwise assembled in one or more eligible beneficiary 
CBTPA beneficiary country, from knit fabrics formed in the United 
States or a beneficiary CBTPA country, from the yarns specified below, 
as eligible to enter free of quotas and duties under HTSUS subheading 
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 
211(vii) of the CBTPA, and that such articles are imported directly 
into the customs territory of the United States from an eligible CBTPA 
beneficiary country. The knit fabric used in the chief weight cotton 
sweaters is made from 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 not less than 35 percent nor 
more than 49 percent by weight of Outlast licensed phase change acrylic 
staple fibers, produced under license from Outlast, classified in HTSUS 
subheadings 5206.11.0000 and 5206.12.0000.
    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 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)), and resulting in the 
enumeration of such country in U.S. note 1 to subchapter XX of Chapter 
98 of the HTSUS.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-2706 Filed 5-26-05; 8:45 am]
BILLING CODE 3510-DS-S