[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Notices]
[Pages 15176-15177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4405]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Designation Under the Textile and Apparel Commercial Availability 
Provisions of the Andean Trade Preference Drug Eradication Act (ATPDEA)

March 21, 2006.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation.

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EFFECTIVE DATE: March 27, 2006.
SUMMARY: CITA has determined that certain 100 percent cotton woven 
flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 
2 x 2 twill weave construction, weighing not more than 200 grams per 
square meter, classified in subheading 5208.43.0000 of the Harmonized 
Tariff Schedule of the United States (HTSUS), for use in shirts, 
trousers, nightwear, robes and dressing gowns, and woven underwear, 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. CITA hereby designates such apparel articles that are 
sewn or otherwise assembled in one or more eligible ATPDEA beneficiary 
countries from such fabrics, as eligible for quota-free and duty-free 
treatment under the textile and apparel commercial availability 
provisions of the ATPDEA and eligible under HTSUS subheadings 
9821.11.10, 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. CITA notes that this 
designation under the ATPDEA renders such apparel articles, sewn or 
otherwise assembled in one or more eligible ATPDEA beneficiary 
countries, as eligible for quota-free and duty-free treatment under 
HTSUS subheading 9821.11.13, provided the requirements of that 
subheading are met.

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

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential 
Proclamation 7616 of October 31, 2002, Executive Order 13277 of 
November 19, 2002, and the United States Trade Representative's 
Notice of Further Assignment of Functions of November 25, 2002.

Background

    The ATPDEA provides for quota- and duty-free treatment for 
qualifying textile and apparel products. Such treatment is generally 
limited to products manufactured from yarns and fabrics formed in the 
United States or a beneficiary country. The ATPDEA also provides for 
quota- and duty-free treatment for apparel articles that are both cut 
(or knit-to-shape) and sewn or otherwise assembled in one or more 
ATPDEA beneficiary countries from fabric or yarn that is not formed in 
the United States or a beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. Pursuant to Executive Order 
No. 13277 (67 FR 70305) and the United States Trade Representative's 
Notice of Redelegation of Authority and Further Assignment of Functions 
(67 FR 71606), the President's authority to determine whether yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the ATPDEA has been delegated to 
CITA.
    On November 18, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging that certain 100 percent cotton woven 
flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 
2 X 2 twill weave construction, weighing not more than 200 grams per 
square meter, classified under HTSUS subheading 5208.43.0000, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner and requesting quota-

[[Page 15177]]

and duty-free treatment under the ATPDEA of such fabrics, for use in 
the manufacture of shirts, trousers, nightwear, robes and dressing 
gowns and woven underwear in one or more ATPDEA beneficiary countries 
for export to the United States.
    On November 25, 2005, CITA requested public comment on the 
petition. See Request for Public Comment on Commercial Availability 
Petition under the Andean Trade Promotion and Drug Eradication Act 
(ATPDEA), 70 FR 71089 (November 25, 2005). On December 13, 2005, CITA 
and the U.S. Trade Representative (USTR) sought the advice of the 
Industry Trade Advisory Committee (ITAC) for Textiles and Clothing and 
the ITAC for Distribution Services. No advice was received from either 
ITAC. On December 13, 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). No consultations were requested regarding 
this petition. USTR requested the advice of the U.S. International 
Trade Commission (ITC). On January 9, 2006, the ITC 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 January 13, 2006, 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, as required by the ATPDEA.
    CITA hereby designates as eligible to enter free of quotas and 
duties, under HTSUS subheading 9821.11.10, if used in shirts, trousers, 
nightwear, robes and dressing gowns and woven underwear that are sewn 
or otherwise assembled in one or more eligible ATPDEA beneficiary 
countries, from certain 100 percent cotton woven flannel fabrics, made 
from 21 through 36 NM single ring-spun yarns, of 2 x 2 twill weave 
construction, weighing not more than 200 grams per square meter, 
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 204(b)(3)(B)(vi) of the ATPDEA, and that such 
articles are imported directly into the customs territory of the United 
States from an eligible ATPDEA beneficiary country.
    An ``eligible ATPDEA beneficiary country'' means a country which 
the President has designated as an ATPDEA beneficiary country under 
section 203(a)(1) of the Andean Trade Preference Act (ATPA) (19 U.S.C. 
3202(a)(1)), and which has been the subject of a finding, published in 
the Federal Register, that the country has satisfied the requirements 
of section 203(c) and (d) of the ATPA (19 U.S.C. 3202(c) and (d)), 
resulting in the enumeration of such country in U.S. note 1 to 
subchapter XXI of Chapter 98 of the HTSUS.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E6-4405 Filed 3-24-06; 8:45 am]
BILLING CODE 3510-DS-S