[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]
[Page 22010-22011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-49]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Revoking a Commercial Availability
Designation under the United States-Caribbean Basin Trade Partnership
Act (CBTPA)
April 21, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Request for public comments concerning a request for a
revocation of a CITA designation under the CBTPA regarding two patented
fusible interlining fabrics, used in the construction of waistbands.
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SUMMARY: On April 16, 2004 the Chairman of CITA received a petition
from Hodgson Russ Attorneys, LLP, on behalf of Narroflex Inc.
(Narroflex), alleging that certain ultra-fine elastomeric crochet
fabrics, detailed below, can be supplied by the domestic industry in
commercial quantities in a timely manner, and requesting that CITA
revoke its previous designation regarding these fabrics. On April 22,
2003, following a determination that the subject fabrics could not be
supplied by the domestic industry in commercial quantities in a timely
manner under the CBTPA, CITA designated apparel from these fabrics as
eligible for duty-free treatment under the CBTPA. CITA hereby solicits
public comments on this request from Narroflex, in particular with
regard to whether such fabrics can be supplied by the domestic industry
in commercial quantities. Comments must be submitted by May 10, 2004 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: Richard Stetson, 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 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. 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 April 22, 2003, following a determination that certain ultra-
fine elastomeric crochet fabrics, detailed below, could not be supplied
by the domestic industry in commercial quantities in a timely manner
under the CBTPA, CITA designated apparel from these fabrics as eligible
for duty-free treatment under the CBTPA (68 FR 19788). On April 16,
2004, the Chairman of CITA received a petition from Hodgson Russ
Attorneys, LLP, on behalf of Narroflex, alleging that these fabrics can
be supplied by the domestic industry in commercial quantities in a
timely manner, and requesting that CITA revoke its previous designation
regarding these fabrics. This petition can be viewed online at http://otexa.ita.doc.gov/Commercial_Availability.htm
.
The two fabrics at issue are:
Fusible Interlining 1 -
An ultra-fine elastomeric crochet outer-fusible material with a fold
line that is knitted into the fabric. A patent is pending for this
fold-line fabric.
The fabric is a 45mm wide base substrate, crochet knitted in narrow
width, synthetic fiber based (49% polyester/43% elastane/8% nylon with
a weight of 4.4 oz., a 110/110 stretch and a dull yarn), stretch
elastomeric
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material with adhesive coating that has the following characteristics:
a) The 45mm is divided as follows: 34mm solid followed by a 3mm
seam allowing it to fold over followed by 8mm of solid.
b) In the length it exhibits excellent stretch and recovery
properties at low extension levels.
c) It is delivered pre-shrunk with no potential for relaxation
shrinkage during high temperature washing or fusing and deliveredlap
laid, i.e., tension free adhesion level will be maintained or improved
through garment processing temperatures of up to 350 degrees and dwell
times of 20 minute durations.
d) The duration and efficacy of the bond will be such that the
adhesive will not become detached from the fabric or base substrate
during industrial washing or in later garment wear or after-care of 50
home washes.
In summary, the desired fabric will be an interlining fabric with the
above properties. The finished interlining fabric is a fabric that has
been coated with an adhesive coating after going through a finishing
process to remove all shrinkage from the product and impart a stretch
to the fabric. This finishing process of imparting stretch to fabrics
is patented, U.S. Patent 5,987,721.
Fusible Interlining 2 -
A fine elastomeric crochet inner-fusible material with an adhesive
coating that is applied after going through a finishing process to
remove all shrinkage from the product. This finishing process of
imparting stretch to fabrics is patented, U.S. Patent 5,987,721.
Specifically, the fabric is a 40mm synthetic fiber based stretch
elastomeric fusible (80% nylon type 6/20% spandex with a weight of 4.4
oz., a 110/110 stretch and a dull yarn), with the following
characteristics:
a) It is supplied pre-coated with an adhesive that will adhere to
100% cotton and other composition materials such as polyester/cotton
blends during fusing at a temperature of 180 degrees.
b) The adhesive is of a melt flow index which will not strike back
through the interlining substrate or strike through the fabric to which
it is fused and whose adhesion level will be maintained or improved
through garment processing temperatures of up to 350 degrees and dwell
times of 20 minute durations.
c) The duration and efficacy of the bond will be such that the
adhesive will not become detached from the fabric or base substrate
during industrial washing or in later garment wear or after-care of 50
home washes.
d) Delivered on rolls of more than 350 yards or lap laid in boxes.
Both interlining fabrics are classifiable under 5903.90.2500,
HTSUS. The adhesive coating adds approximately 25% - 30% weight to the
fusible interlining 1 and adds approximately 20% - 25% weight to the
fusible interlining 2.
The fusible interlining fabrics are used in the construction of
waistbands in pants, shorts, skirts, and other similar products that
have waistbands.
Fusible interlining 1 reinforces the twill pant fabric and also
exclusively contributes to the ``stretch ability'' of the twill pant
fabric in the waistband area. Fusible interlining 2 is used on the
underside of the waistband lining fabric. This interlining reinforces
the waistband lining, which is made from pocketing-type fabric, and
also exclusively contributes to that fabric's ``stretch ability.'' It
also serves to ``firm up'' the seam area of the waistband lining so
that the fabric will not rip or otherwise be damaged during the
assembly/sewing process.
In describing the fabrics above, Narroflex used the trademark name
``Lycra''. CITA will not make a determination on a trademark name, so
the term ``elastomeric'' has been substituted.
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.
Comments must be received no later than May 10, 2004. 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 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. Similarly, if a
comment alleges that these fabrics cannot be supplied by the domestic
industry in commercial quantities in a timely manner, CITA will closely
review any supporting documentation.
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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 04-9388 Filed 4-21-04; 12:31 pm]