[Federal Register: June 6, 2003 (Volume 68, Number 109)]
[Notices]               
[Page 33922-33923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn03-52]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comments on Commercial Availability Petition 
Under the African Growth and Opportunity Act (AGOA)

June 3, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments concerning a petition for a 
determination that certain fabrics, for use in men's and boys' shirts, 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the AGOA.

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SUMMARY: On June 2, 2003, the Chairman of CITA received a petition from 
Ryberg and Smith, L.L.P. on behalf of their clients, Consolidated 
Fabrics Ltd., Socota Textile Mills Ltd., New Island Clothing Ltd., 
Aquarelle Clothing Ltd., and Jaysix USA Inc., alleging that certain 
fabrics, listed below, used in the production of certain men's and 
boys' shirts, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. It requests that men's and boys' shirts 
of such fabrics be eligible for preferential treatment under the AGOA. 
CITA hereby solicits public comments on this request, in particular 
with regard to whether such shirting fabrics can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be submitted by June 23, 2003, to the Chairman, Committee for the 
Implementation of Textile Agreements, room 3001, United States 
Department of Commerce, 14th and Constitution Avenue, N.W. Washington, 
D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA, Section 1 of 
Executive Order No. 13191 of January 17, 2001.

Background

    The AGOA provides for quota- and duty-free treatment for qualifying 
textile and apparel products. Such treatment is generally limited to 
products manufactured from yarns or fabrics formed in the United States 
or a beneficiary country. The AGOA also authorizes 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 AGOA beneficiary countries 
from fabric or yarn that is not formed in the United States, if it has 
been determined that such fabric or yarns 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 AGOA and directed CITA to establish procedures to ensure 
appropriate public participation in any such determination. On March 6, 
2001, CITA published procedures in the Federal Register that it will 
follow in considering requests. (66 FR 13502).
    On June 2, 2003, the Chairman of CITA received a petition from 
Ryberg and Smith, L.L.P. on behalf of their clients, Consolidated 
Fabrics Ltd.,

[[Page 33923]]

Socota Textile Mills Ltd., New Island Clothing Ltd., Aquarelle Clothing 
Ltd., and Jaysix USA Inc., alleging that certain fabrics, listed above, 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner and requesting quota- and duty-free treatment under the 
AGOA for certain men's and boys' shirts that are both cut and sewn in 
one or more AGOA beneficiary countries from such fabrics.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these fabrics can be supplied by 
the domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other fabrics that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for the fabrics for purposes of the intended use. Comments must be 
received no later than June 23, 2003. Interested persons are invited to 
submit six copies of such comments or information to the Chairman, 
Committee for the Implementation of Textile Agreements, room 3100, U.S. 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
DC 20230.
    If a comment alleges that these shirting fabrics can be supplied by 
the domestic industry in commercial quantities in a timely manner, CITA 
will closely review any supporting documentation, such as a signed 
statement by a manufacturer of the fabrics stating that it produces the 
fabrics that are the subject of the request, including the quantities 
that can be supplied and the time necessary to fill an order, as well 
as any relevant information regarding past production.
    CITA will protect any business confidential information that is 
marked business confidential from disclosure to the full extent 
permitted by law. CITA will make available to the public non-
confidential versions of the request and non-confidential versions of 
any public comments received with respect to a request in room 3100 in 
the Herbert Hoover Building, 14th and Constitution Avenue, N.W., 
Washington, DC 20230. Persons submitting comments on a request are 
encouraged to include a non-confidential version and a non-confidential 
summary.

Fabrics named in the request:

    (a) Fabrics of subheadings 5208.21, 5208.22, 5208.29, 5208.31, 
5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52 or 
5208.59, of average yarn number exceeding 135 metric;
    (b) Fabrics of subheadings 5513.11 or 5513.21, not of square 
construction, containing more than 70 warp ends and filling picks per 
square centimeter, of average yarn number exceeding 135 metric;
    (c) Fabrics of subheadings 5210.21 or 5210.31, not of square 
construction, containing more than 70 warp ends and filling picks per 
square centimeter, of average yarn number exceeding 135 metric;
    (d) Fabrics of subheadings 5208.22 or 5208.32, not of square 
construction, containing more than 75 warp ends and fillings picks per 
square centimeter, of average yarn number exceeding 135 metric;
    (e) Fabrics of subheadings 5407.81, 5407.82 or 5407.83, weighing 
less than 170 grams per square meter, having a dobby weave created by a 
dobby attachment, of average yarn number exceeding 135 metric;
    (f) Fabrics of subheadings 5208.42 or 5208.49, not of square 
construction, containing more than 85 warp ends and filling picks per 
square centimeter, of average yarn number exceeding 85 metric, or 
exceeding 135 metric if the fabric is of oxford construction (a 
modified basket weave with a large filling yarn having no twist woven 
under and over two single, twisted warp yarns);
    (g) Fabrics of subheading 5208.51, of square construction, 
containing more than 75 warp ends and filling picks per square 
centimeter, made with single yarns, of average yarn number 135 or 
greater metric;
    (h) Fabrics of subheading 5208.41, of square construction, with a 
gingham pattern, containing more than 85 warp ends and filling picks 
per square centimeter, made with single yarns, of average yarn number 
135 or greater metric, and characterized by a check effect produced by 
the variation in color of the yarns in the warp and filling; or
    (i) Fabrics of subheading 5208.41, with the warp colored with 
vegetable dyes, and the filling yarns white or colored with vegetable 
dyes, of average yarn number greater than 65 metric.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 03-14395 Filed 6-4-03; 11:46 am]