[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39758-39759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3660]


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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, flannel fabrics, of yarn-dyed, combed, and ring spun single 
yarns, of the specifications detailed below, classified in subheading 
5208.43.0000 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 3, 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, flannel fabrics, of 
yarn-dyed, combed, and ring spun single yarns, of the specifications 
detailed below, classified in HTSUS subheading 5208.43.0000, for use in 
men's and boys' woven cotton shirts, 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 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 
9, 2005, CITA requested

[[Page 39759]]

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 11622, (March 9, 2005). On 
March 25, 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 25, 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 2, 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, flannel fabrics, of yarn-dyed, combed, and ring spun 
single yarns, of the specifications detailed below, classified in HTSUS 
subheading 5208.43.0000, 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:                         136 - 140 g/m2
Width:                          148 - 150 centimeters
Thread Count:                   38 - 40 warp ends per centimeter; 28 -
                                 30 filling picks per centimeter; total:
                                 66 - 70 threads per square centimeter
Yarn Number:                    48 - 52 metric warp and filling, ring
                                 spun, combed; average yarn number 48 -
                                 50 metric
Weave:                          4-thread twill
Finish:                         Of two or more and up to eight yarns of
                                 different colors; 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. E5-3660 Filed 7-8-05; 8:45 am]
BILLING CODE 3510-DS-S