[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39757-39758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3656]


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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, double faced 
irregular sateen weave, flannel fabrics, of yarn-dyed, single yarns, of 
the specifications detailed below, classified in subheading 
5209.59.0025 of the Harmonized Tariff Schedule of the United States 
(HTSUS), for use in woven cotton shirts and blouses, cannot be supplied 
by the domestic industry in commercial quantities in a timely manner. 
The CITA hereby designates woven cotton shirts and blouses, 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, double faced irregular sateen weave, 
flannel fabrics, of yarn-dyed, single yarns, of the specifications 
detailed below, classified in HTSUS subheading 5209.59.0025, for use in 
woven cotton shirts and blouses, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. It requested 
quota- and duty-free treatment under the CBTPA for woven cotton shirts 
and blouses that are

[[Page 39758]]

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 12655 (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, woven cotton shirts and blouses, that are 
both cut and sewn or otherwise assembled in one or more eligible CBTPA 
beneficiary countries, from certain 100 percent cotton, double faced 
irregular sateen weave, flannel fabrics, of yarn-dyed, single yarns, of 
the specifications detailed below, classified in HTSUS subheading 
5209.59.0025, 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:                         325 - 327 g/m2
Width:                          148 - 152 centimeters
Thread Count:                   33 - 35 warp ends per centimeter; 57 -
                                 59 filling picks per centimeter; total:
                                 90 - 94 threads per square centimeter
Yarn Number:                    50 -52 metric warp; 23 - 25 metric
                                 filling; overall average yarn number 28
                                 - 30 metric
Weave:                          Double faced irregular 1 x 3 sateen
Finish:                         Printed on one side on yarns of
                                 different colors; napped on both sides;
                                 sanforized
 

    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. E5-3656 Filed 7-8-05; 8:45 am]
BILLING CODE 3510-DS-S