[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Notices]
[Pages 41208-41209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11555]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

July 17, 2006.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Designation

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EFFECTIVE DATE: July 20, 2006
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain polyester and nylon yarns, of the 
specifications detailed below, classified in subheadings 5402.31.6000, 
5402.62.0000, and 5605.00.1000 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 
apparel articles containing lace fabrics of such yarns, 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 subheading 
9821.11.10, provided that all other fabrics in the 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 yarns 
are classifiable under HTSUS heading 5602 or 5603, and are wholly 
formed in the United States. CITA notes that this designation under the 
ATPDEA renders apparel articles containing lace fabrics of such yarn, 
sewn or otherwise assembled in an eligible ATPDEA beneficiary country, 
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 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 beneficiary countries from 
fabric or yarn that is not formed in the United States, if it has been 
determined that such fabric or yarn cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. In Executive 
Order No. 13191 (66 FR 7271) and 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 delegated to CITA the

[[Page 41209]]

authority to determine whether yarns or fabrics cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the ATPDEA. On March 6, 2001, CITA published procedures that it will 
follow in considering requests (66 FR 13502).
    On March 9, 2006, the Chairman of CITA received a petition from 
Encajes, S.A. Colombia, alleging that certain polyester and nylon 
yarns, as described below, cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. It requested quota- and 
duty-free treatment under the ATPDEA for apparel articles that contain 
lace fabrics of such yarns that are sewn or otherwise assembled in one 
or more ATPDEA beneficiary countries.

Specifications:

 
 
 
1. Mamilon Metallic Yarn, G-100 1/69   .................................
HTSUS subheading:                      5605.00.1000
Fiber Content:                         100% Metallic Covered in
                                        Polyester
Cut:                                   Flat
Color:                                 Silver and Gold
Yarn Size:                             Silver- 115 denier; Gold - 126
                                        denier
Yarn Type:                             Flat, non-textured
Yarn width:                            25 microns
 
2. Cationic Polyester BR 305f96, 120   *
 Ts (Rigid Poly)
HTSUS subheading:                      5402.62.0000
Fiber Content:                         100% Cationic Polyester
Cut:                                   Trilobal
Color:                                 Bright
Yarn Type:                             Flat, non-textured
Yarn Size:                             305 decitex, 96 filaments with
                                        120 twists in ``S'' by meter
 
3. Cationic Polyester Bright Flat 2/   .................................
 78F48 dtex at 120 Ts
HTSUS subheading:                      5402.62.0000
Fiber Content:                         100% Cationic Polyester
Cut:                                   Trilobal
Color:                                 Bright
Yarn Type:                             Flat, non-textured
Yarn Size:                             78 decitex, 48 filaments, plied,
                                        with 120 twists in ``S'' by
                                        meter
 
4. Tactel Bright                       .................................
HTSUS subheading:                      5402.31.6000
Fiber Content:                         100% Polyamide 6.6 High Tenacity
                                        Nylon
Cut:                                   Trilobal
Color:                                 Bright
Yarn Type:                             Textured
Yarn Size:                             312 decitex, 102 filaments,
                                        plied, with 450 twists in ``S''
                                        by meter
 

    On March 15, 2006, CITA requested public comments on the petition. 
See Request for Public Comments on Commercial Availability Petition 
Under ATPDEA, 71 FR 13360 (Mar. 15, 2006).
    On March 31, 2006, CITA and the Office of the U.S. Trade 
Representative (USTR) sent memoranda seeking the advice of the Industry 
Trade Advisory Committees (ITAC) for Textiles and Clothing and for 
Distribution Services. No advice was received from either ITAC. On 
March 31, 2006, CITA and the 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). USTR requested the advice of the U.S. International Trade 
Commission (ITC) on the probable economic effects on the domestic 
industry of granting the request. On April 20, 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 yarns set forth in the 
petition cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. On May 8, 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 to enter free of quotas and 
duties under HTSUS subheading 9821.11.10, apparel articles containing 
lace fabrics of such yarns, of the specifications detailed above, that 
are sewn or otherwise assembled in one or more eligible ATPDEA 
beneficiary countries. Apparel article containing lace fabrics of such 
yarns shall be eligible to enter free of quotas and duties under this 
subheading, provided all other yarns used in the apparel articles are 
U.S. formed and all other fabrics used in the apparel articles are U.S. 
formed from yarns wholly formed in the United States, including fabrics 
not formed from yarns, if such yarns are classifiable under HTSUS 
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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E6-11555 Filed 7-19-06; 8:45 am]
BILLING CODE 3510-DS-S