[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39756-39757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3654]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designation under the Textile and Apparel Commercial Availability 
Provisions of the United States Caribbean Basin Trade Partnership Act 
(CBTPA)

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

ACTION: Designation.

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EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain 100 percent cotton, 4-thread twill 
weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring 
spun, and plied yarns, of the specifications detailed below, classified 
in subheadings 5209.43.0050 and 5209.49.0090 of the Harmonized Tariff 
Schedule of the United States (HTSUS), for use in men's and boys' woven 
cotton shirts, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. The CITA hereby designates 
men's and boys' woven cotton shirts, that are both cut and sewn or 
otherwise assembled in one or more eligible CBTPA beneficiary countries 
from such fabrics, as eligible for quota-free and duty-free treatment 
under the textile and apparel commercial availability provisions of the 
CBTPA and eligible under HTSUS subheadings 9820.11.27, to enter free of 
quota and duties, provided that all other fabrics in the referenced 
apparel articles are wholly formed in the United States 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 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act (CBERA), as added by Section 211(a) of the 
CBTPA; Presidential Proclamation 7351 of October 2, 2000; Section 6 
of Executive Order No. 13191 of January 17, 2001.

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 CBTPA country 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 apparel articles from fabrics or yarn 
designated by the appropriate U.S. government authority in the Federal 
Register. In Executive Order 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 March 9, 2005, the Chairman of CITA received a petition from 
Sandler, Travis, and Rosenberg, P.A., on behalf of B*W*A, alleging that 
certain 100 percent cotton, 4-thread twill weave and herringbone twill 
weave, flannel fabrics, of yarn-dyed, ring spun, and plied yarns, of 
the specifications detailed below, classified in HTSUS subheadings 
5209.43.0050 and 5209.49.0090, for use in men's and boys' woven cotton 
shirts, cannot be supplied by the domestic industry in commercial 
quantities in a

[[Page 39757]]

timely manner. It requested quota- and duty-free treatment under the 
CBTPA for men's and boys' woven cotton shirts that are both cut and 
sewn or otherwise assembled in one or more CBTPA beneficiary countries 
from such fabrics. On March 15, 2005, CITA requested public comment on 
the petition. See Request for Public Comment on Commercial Availability 
Petition under the United States - Caribbean Basin Trade Partnership 
Act (CBTPA), 70 FR 12654, (March 15, 2005). On March 31, 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 March 31, 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 April 
14, 2005, the U.S. International Trade Commission provided advice on 
the petition.
    Based on the information and advice received and its understanding 
of the industry, CITA determined that the fabrics set forth in the 
petition cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. On May 4, 2005, CITA and USTR submitted 
a report to the Congressional Committees that set forth the action 
proposed, the reasons for such action, and the advice obtained. A 
period of 60 calendar days since this report was submitted has expired.
    CITA hereby designates as eligible for preferential treatment under 
HTSUS subheading 9820.11.27, men's and boys' woven cotton shirts, that 
are both cut and sewn or otherwise assembled in one or more eligible 
CBTPA beneficiary countries, from certain 100 percent cotton, 4-thread 
twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed, 
ring spun, and plied yarns, of the specifications detailed below, 
classified in HTSUS subheadings 5209.43.0050 and 5209.49.0090, not 
formed in the United States. The referenced apparel articles are 
eligible provided that all other fabrics are wholly formed in the 
United States 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(b)(2)(A)(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.

Specifications:

 
 
 
Fiber Content:                  100% Cotton
Weight:                         301 - 303 g/m2
Width:                          142 - 145 centimeters
Thread Count:                   25 - 26 warp ends per centimeter; 23 -
                                 24 filling picks per centimeter; total:
                                 48 - 50 threads per square centimeter
Yarn Number:                    35/2 - 36/2 metric warp and filling,
                                 ring spun; overall average yarn number
                                 32 - 34 metric
Weave:                          4-thread twill; Herringbone twill
Finish:                         Of two or more yarns of different colors
                                 in the warp and filling; napped on both
                                 sides
 

    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. E5-3654 Filed 7-8-05; 8:45 am]
BILLING CODE 3510-DS-S