Skip to Content

Notice

Denial of Commercial Availability Requests under the United States-Caribbean Basin Trade Partnership Act (CBTPA)

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble December 23, 2004.

AGENCY:

The Committee for the Implementation of Textile Agreements (CITA).

ACTION:

Denial of the requests alleging that certain circular knit jersey fabrics for use in apparel articles cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA.

SUMMARY:

On October 19, 2004, the Chairman of CITA received two petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York, alleging that certain circular single knit jersey fabrics of the Start Printed Page 81specifications detailed below, classified in subheadings 6006.31.00.80 and 6006.32.00.80 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. These petitions 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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Start Authority

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.

End Authority

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 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 October 19, 2004, the Chairman of CITA received two petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York (Jaclyn), alleging that certain circular single knit jersey fabrics of the specifications detailed below, classified in subheadings 6006.31.00.80 and 6006.32.00.80 of the HTSUS, cannot be supplied by the domestic industry in commercial quantities in a timely manner. These petitions requested that women's and girl's nightwear of such fabrics assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA.

Specifications:

Specifications:
Fabric #1
Fabric Description:single knit jersey, jacquard geometric rib stitch
Petitioner Style No:4934A
HTS Subheading:6006.32.00.80
Fiber Content:66-68% polyester staple/32-34% cotton/0.2-0.5% 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:Minimum 25% from relaxed state; 90% recovery to relaxed state
Fabric #2
Fabric Description:single knit jersey, jacquard geometric rib stitch
Petitioner Style No:4944S
HTS Subheading:6006.31.00.80 & 6006.32.00.80
Fiber Content:64% polyester/35.5 - 35.8% cotton/0.2 - 0.5% spandex
Weight:6.06 sq. meters/kg
Yarn Size:54.14 metric (32/1 English), spun, filament core
Gauge:28
Finish:Bleached or (Piece) dyed
Stretch Characteristics:25% from relaxed state; 90% recovery to relaxed state

On October 26, 2004, CITA published a Federal Register notice requesting public comments on the requests, particularly with respect to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. On November 16, 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, CITA finds that there is domestic capacity and ability to supply both 24-gauge and 28-gauge circular knit fabric. The ITC report and follow-up calls made by a CITA representative confirmed that there are several U.S. companies that have 24-gauge or 28-gauge knitting machines, or both, and state they have the ability to make the subject fabrics 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 requests are denied.

Start Signature

D. Michael Hutchinson,

Acting Chairman, Committee for the Implementation of Textile Agreements.

End Signature End Supplemental Information

[FR Doc.04-28716 Filed 12-30-04; 8:45 am]

BILLING CODE 3510-DS-S