Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices 5613

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS

Designations under the Textile and 

Apparel Commercial Availability 

Provisions of the United StatesCaribbean Basin Trade Partnership Act 

(CBTPA)

January 28, 2005.

AGENCY: The Committee for the 

Implementation of Textile Agreements 

(CITA).

ACTION: Designation.

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(CITA) has determined that certain 

woven, 100 percent cotton, doublenapped, flannel fabric, of the 

specification detailed below, classified 

in subheading 5209.31.6050 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS), for use in 

products covered by textile categories 

340, 341, 347, 348, 350, 351, and woven 

underwear in category 352, cannot be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner. The CITA hereby designates 

such apparel articles, that are both cut 

and sewn or otherwise assembled in an 

eligible CBTPA beneficiary country, 

from this fabric as eligible for quota-free 

and duty-free treatment under the 

textile and apparel commercial 

availability provisions of the CBTPA 

and eligible under HTSUS subheadings 

9820.11.27, to enter free of quota and 

duties, provided that all other fabrics 

are wholly formed in the United States 

from yarns wholly formed in the United 

States.

EFFECTIVE DATE: February 3, 2005.

FOR FURTHER INFORMATION CONTACT:

Janet Heinzen, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3400.

SUPPLEMENTARY INFORMATION:

Authority: Section 211 of the CBTPA, 

amending Section 213(b)(2)(A)(v)(II) of the 

Caribbean Basin Economic Recovery Act 

(CBERA); Presidential Proclamation 7351 of 

October 2, 2000; 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 

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 September 23, 2004, the Chairman 

of CITA received a petition from 

Sandler, Travis, and Rosenberg, P.A., on 

behalf of Picacho, S.A., alleging that 

certain woven, 100 percent cotton, 

double-napped flannel fabric, of 

detailed specifications, classified in 

HTSUS subheading 5209.31.6050, for 

use in shirts, trousers, nightwear, robes, 

dressing gowns, and woven underwear, 

cannot be supplied by the domestic 

industry in commercial quantities in a 

timely manner and requesting quotaand duty-free treatment under the 

CBTPA for such apparel articles that are 

both cut and sewn in one or more 

CBTPA beneficiary countries from such 

fabrics. On September 28, 2004, 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) (69 FR 57905). On October 19, 

2004, CITA and the U.S. Trade 

Representative (USTR) sought the 

advice of the Industry Trade Advisory 

Committee for Textiles and Clothing 

and the Industry Trade Advisory 

Committee for Distribution Services. On 

October 17, 2004, 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). On November 4, 2004, the 

U.S. International Trade Commission 

provided advice on the petitions.

Based on the information and advice 

received and its understanding of the 

industry, CITA determined that the 

fabric set forth in the petition cannot be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner. On November 19, 2004, CITA 

and USTR submitted a report to the 

Congressional Committees that set forth 

the action proposed, the reasons for 

such action, and 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 

covered by textile categories 340, 341, 

347, 348, 350, 351, and woven 

underwear in category 352, that are both 

cut and sewn or otherwise assembled in 

one or more eligible CBTPA beneficiary 

countries, from certain woven, 100 

percent cotton, double-napped, flannel 

fabric, of the specifications detailed 

below, classified in the indicated 

HSTUS subheadings, not formed in the 

United States, 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 112(d) 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:

Petitioner Style 

No:

2897A

HTS Subheading: 5209.31.6050

Fiber Content: 100% Cotton

Weight: 203 g/m2

Width: 150 centimeters cuttable

Thread Count: 21 warp ends per centimeter; 18 filling picks 

per centimeter; total: 39 

threads per square centimeter

Yarn Number: Warp: 40.6 metric, ring 

spun; filling: 13.54 metric, open end spun; 

overall average yarn 

number: 19.2 metric

Finish: (Piece) dyed; napped on 

both sides, sanforized

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.

James C. Leonard III,

Chairman, Committee for the Implementation 

of Textile Agreements.

[FR Doc. 05–2086 Filed 2–2–05; 8:45 am]

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