[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Notices]
[Page 35586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-63]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Petition
under the United States - Caribbean Basin Trade Partnership Act (CBTPA)
June 22, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
ACTION: Request for public comments concerning a petition for a
determination that certain dyed, two way stretch twill woven fabric
cannot be supplied by the domestic industry in commercial quantities in
a timely manner under the CBTPA.
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SUMMARY: On June 18, 2004, the Chairman of CITA received a petition
from Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, on
behalf of Pressman-Gutman Co., Inc., alleging that certain dyed, two
way stretch twill woven fabric, of three ply yarns composed of 62
percent staple polyester, 33 percent staple rayon and 5 percent
filament spandex, of the specifications detailed below, classified in
subheading 5515.11.0040 of the Harmonized Tariff Schedule of the United
States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner. It requests that apparel
articles of such fabrics assembled in one or more CBTPA beneficiary
countries be eligible for preferential treatment under the CBTPA. CITA
hereby solicits public comments on this petition, in particular with
regard to whether this fabric can be supplied by the domestic industry
in commercial quantities in a timely manner. Comments must be submitted
by July 12, 2004 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
14th and Constitution, N.W., Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, 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 CBERA, 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 or fabrics formed in the
United States. 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 June 18, 2004, the Chairman of CITA received a petition on
behalf of Pressman-Gutman Co., Inc., alleging that certain dyed, two
way stretch twill woven fabric, of three-ply yarns composed of 62
percent staple polyester, 33 percent staple rayon and 5 percent
filament spandex, of the specifications detailed below, classified in
subheading 5515.11.0040 of the Harmonized Tariff Schedule of the United
States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner and requesting quota- and
duty-free treatment under the CBTPA for apparel articles that are cut
and sewn in one or more CBTPA beneficiary countries from such fabrics.
Specifications:
Construction: 40.9 warp ends per centimeter, 27.6 filling picks per
centimeter
3 Ply Yarn: two size 40 c.c. polyester/rayon blend staple yarns
combined with a 40 denier filament spandex yarn in both the warp and
the filling
Weight: Approximately 285 g/m2.
CITA is soliciting public comments regarding this request,
particularly with respect to whether this fabric 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 fabric for purposes of the intended use. Comments must be
received no later than July 12, 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 this fabric 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 fabric stating that it produces the
fabric that is 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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 04-14495 Filed 6-22-04; 4:06 pm]