[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Notices]               
[Page 14201-14202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-53]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comments on a Commercial Availability Request 
under the Andean Trade Promotion and Drug Eradication Act (ATPDEA)

March 20, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments concerning a request for a 
determination that certain cotton corduroy fabrics, for use in apparel 
articles, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the ATPDEA.

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SUMMARY: On March 17, 2003 the Chairman of CITA received a petition 
from Breaker Jeanswear/ARC International alleging that certain dyed 
cotton corduroy fabrics (see Annex I for product specifications), 
classified in subheading 5801.22.90 of the Harmonized Tariff Schedule 
of the United States (HTSUS), for use in apparel articles including 
men's and boys' jackets and pants, women's and girls' jackets, dresses, 
skirts, shorts, and pants, cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. It requests that apparel 
of such fabrics be eligible for preferential treatment under the 
ATPDEA. CITA hereby solicits public comments on this request, in 
particular with regard to whether such fabrics can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be submitted by April 8, 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: Contact: Richard Stetson, 
International Trade Specialist, 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 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 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 
ATPDEA beneficiary countries from fabric or yarn that is not formed in 
the United States or a beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. Pursuant to Executive Order 
No. 13277 (FR 70305) and the United States Trade Representative's 
Notice of Redelegation of Authority and Further Assignment of Functions 
(FR Doc. 02-30427), the President's authority to determine whether 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the ATPDEA has been 
delegated to CITA.
    On March 17, 2003, the Chairman of CITA received a petition from 
Breaker Jeanswear/ARC International of Miami, Florida, alleging that 
certain dyed cotton corduroy fabrics, (see Annex I for product 
specifications), classified in subheading 5801.22.90 of the Harmonized 
Tariff Schedule of the United States (HTSUS), for use in apparel 
articles including men's and boys' jackets and pants, women's and 
girls' jackets, dresses, skirts, shorts, and pants, cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
and requesting quota- and duty-free treatment under the ATPDEA for 
apparel articles that are both cut and sewn in one or more ATPDEA 
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 these fabrics for purposes of the intended use. Comments must be 
received no later than April 8, 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 fabrics can be supplied by the 
domestic industry in commercial quantities in a timely manner, CITA 
will closely

[[Page 14202]]

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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Annex I


          Product Specifications:

1. Dyed Corduroy Fabric:                    ............................
Fiber Composition:                          100 % cotton
Fabric weight:                              271 g/m2 (grams per square
                                             meter)
Construction:                               Woven 20 x 45, 16s x 16s
                                            6 - 8 wales per centimeter
2. Dyed Corduroy Fabric:                    ............................
Fiber Composition(s):                       98% cotton, 2% spandex
                                            97% cotton, 3% spandex
Fabric weight:                              271g/m2 (grams per square
                                             meter)
Construction:                               Woven 20 x 45, 16s x 16s
                                             plus 70 denier (spandex)
                                            6-8 wales per centimeter


[FR Doc.03-7061 Filed 3-20-03; 1:53 pm]