[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 81-82]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28717]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Denial of Commercial Availability Request under the United
States-Caribbean Basin Trade Partnership Act (CBTPA)
December 23, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging that certain circular knit
jersey fabric for use in apparel articles cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA.
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SUMMARY: On August 31, 2004, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of
New York, alleging that certain circular single knit jersey fabric of
the specifications detailed below cannot be supplied by the domestic
industry in commercial quantities in a timely manner. The petition
requests that women's and girl's nightwear of such fabric assembled in
one or more CBTPA beneficiary countries be eligible for preferential
treatment under the CBTPA.
FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade
Specialist, 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, as added by Section 211(a) of the CBTPA;
Section 6 of Executive Order No. 13191 of January 17, 2001.
BACKGROUND:
The CBTPA 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 CBTPA 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 CBTPA
beneficiary countries from fabric or yarn that is not formed in the
United
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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, the President delegated to CITA
the authority to determine whether yarns or fabrics cannot be supplied
by the domestic industry in commercial quantities in a timely manner
under the CBTPA and directed CITA to establish procedures to ensure
appropriate public participation in any such determination. On March 6,
2001, CITA published procedures that it will follow in considering
requests (66 FR 13502).
On August 31, 2004, the Chairman of CITA received a petition from
Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New
York (Jaclyn), alleging that certain circular single knit jersey fabric
of the specifications detailed below cannot be supplied by the domestic
industry in commercial quantities in a timely manner. The petition
requested that women's and girl's nightwear of such fabric assembled in
one or more CBTPA beneficiary countries be eligible for preferential
treatment under the CBTPA.
Specifications:
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4934
HTS Subheading: 6006.32.00.80
Fiber Content: 64% polyester staple/34% cotton/2%
spandex
Weight: 6.165 sq. meters/kg
Yarn Size: 54.14 metric (32/1 English), spun,
filament core
Gauge: 24
Finish: (Piece) dyed
Stretch Characteristics: 45% from relaxed state; 95% recovery to
relaxed state
On September 8, 2004, CITA published a Federal Register notice
requesting public comments on the request, particularly with respect to
whether these fabrics can be supplied by the domestic industry in
commercial quantities in a timely manner. On September 24, 2004, CITA
and the Office of the U.S. Trade Representative offered to hold
consultations with the relevant Congressional committees. We also
requested the advice of the U.S. International Trade Commission and the
relevant Industry Trade Advisory Committees.
Given the information in the ITC report and provided by the
domestic industry for this and three subsequent petitions on similar
products, CITA finds that there is domestic capacity and ability to
supply 24-gauge circular knit fabric. During the review of the final
petition, CITA uncovered information that there are several domestic
suppliers capable of providing 24-gauge circular knit fabric. Follow-up
calls made by a CITA representative confirmed that there are at least
two U.S. companies who have 24-gauge knitting machines and state they
have the ability to make the subject 24-gauge fabric in commercial
quantities and in a timely manner.
On the basis of currently available information and our review of
this request, CITA has determined that the domestic industry can supply
the subject fabric described above in commercial quantities in a timely
manner. Jaclyn's request is denied.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 04-28717 Filed 12-30-04; 8:45 am]
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