[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36327-36328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10032]


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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)

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

ACTION: Designation.

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EFFECTIVE DATE: June 26, 2006.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain 100 percent cotton, yarn-dyed, 3- or 
4-thread twill weave, flannel fabrics, of combed, 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 products in Categories 340, 341, and 350, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. The CITA hereby designates products in Categories 340, 341, and 
350 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 subheading 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: Maria K. Dybczak, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482 3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of 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

[[Page 36328]]

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 February 7, 2006, 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, yarn-dyed 3- or 4-thread twill weave, 
flannel fabrics, of combed, ring spun single yarns, of the 
specifications detailed below, classified in HTSUS subheading 
5208.43.0000, for use in woven cotton shirts, blouses, and dressing 
gowns, 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, blouses, and 
dressing gowns that are both cut and sewn or otherwise assembled in one 
or more CBTPA beneficiary countries from such fabrics. On February 13, 
2006, 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) (71 FR 7542). On 
March 1, 2006, CITA and the U.S. Trade Representative (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 March 22, 2006 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 April 7, 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.
    CITA hereby designates as eligible for preferential treatment under 
HTSUS subheading 9820.11.27, products in Categories 340, 341, and 350, 
that are both cut and sewn or otherwise assembled in one or more 
eligible CBTPA beneficiary countries, from certain 100 percent cotton, 
3- or 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:                         98- 150 g/m2
Thread Count:                   39 - 66 warp ends per centimeter; 27 -
                                 39 filling picks per centimeter
Yarn Number:                    84 - 86 average warp and filling, ring
                                 spun, combed
Weave:                          3- or 4-thread twill
Finish:                         Of yarns of different colors; dyed with
                                 fiber reactive dyes; plaids, checks and
                                 stripes, napped on both sides and pre-
                                 shrunk.
 

    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.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E6-10032 Filed 6-23-06; 8:45 am]
BILLING CODE 3510-DS-S