[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47180-47181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4388]


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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)

August 9, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation.

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EFFECTIVE DATE: August 12, 2005.
SUMMARY: CITA has determined that certain 100 percent cotton, 2 x 2 
twill weave, flannel fabrics, of ring spun and combed 2 ply yarns, of 
the specifications detailed below, classified in subheading 
5208.43.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS), cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. CITA hereby designates men's and boys' 
woven cotton shirts and women's and girl's 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, including fabrics not formed from yarns, if such fabrics 
are classifiable under HTS heading 5602 or 5603 and are 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:


[[Page 47181]]


    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, 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 April 8, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging that certain 100 percent cotton, 2 x 2 twill 
weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the 
specifications detailed below, classified in HTSUS subheading 
5208.43.0000, for use in men's and boys' woven cotton shirts and 
women's and girls' 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 such 
apparel articles that are both cut and sewn or otherwise assembled in 
one or more eligible CBTPA beneficiary countries from such fabrics. On 
April 14, 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 19735 (April 14, 2005). On May 3, 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 May 3, 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 May 20, 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 June 3, 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 and 
women's and girls' 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, 2 x 2 twill 
weave, flannel fabrics, of ring spun and combed 2 ply 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, 
including fabrics not formed from yarns, if such fabrics are 
classifiable under HTS heading 5602 or 5603 and are 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 percent cotton
Weight:                         150 - 160 g/m2
Width:                          148 - 152 centimeters
Thread Count:                   50 - 52 warp ends per cm (25-26 x two
                                 plies)
                                45 - 46 filling picks per cm (21-23 x
                                 two plies)
                                92 - 98 thread per square cm (46-49 x
                                 two plies)
Yarn Number:                    34 metric warp and filling, ring spun
                                 and combed, two ply, average yarn
                                 number 60-62 metric
Weave:                          2 x 2 twill
Finish:                         Yarns of different colors; napped
 

    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. E5-4388 Filed 8-11-05; 8:45 am]
BILLING CODE 3510-DS-S