[Federal Register: March 15, 2005 (Volume 70, Number 49)]
[Notices]
[Page 12654-12655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr05-31]
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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)
March 11, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Request for public comments concerning a petition for a
determination that certain 100 percent cotton, 4-thread twill and
herringbone twill weave, flannel fabrics cannot be supplied by the
domestic industry in
[[Page 12655]]
commercial quantities in a timely manner under the CBTPA.
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SUMMARY: On March 9, 2005, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York,
New York alleging that certain 100 percent cotton, 4-thread twill weave
and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun
and plied yarns, of the specifications detailed below, classified in
subheadings 5209.43.0050 and 5209.49.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS), cannot be supplied by the
domestic industry in commercial quantities in a timely manner. The
petition requests that men's and boys' woven cotton shirts 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 these fabrics can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
March 30, 2005 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 March 9, 2005, the Chairman of CITA received a petition on
behalf of B*W*A of New York, New York alleging that certain 100 percent
cotton, 4-thread twill weave and herringbone twill weave, flannel
fabrics, of yarn-dyed, ring spun and plied yarns, of the specifications
detailed below, classified HTSUS subheadings 5209.43.0050 and
5209.49.0090, 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 certain apparel articles that are cut and
sewn in one or more CBTPA beneficiary countries from such fabrics.
Specifications:
Petitioner Style No: 153, 154, 155, 156, W3004
Fiber Content: 100% Cotton
Weight: 301 - 303 g/m2
Width: 142 - 145 centimeters
Thread Count: 25 -26 warp ends per centimeter; 23 - 24
filling pick per centimeter; total 48 -
50 threads per square centimeter
Yarn Number: 35/2 - 36/2 metric warp and filling,
ring spun; Overall average yarn number:
32-34 metric
Weave: 4-thread twill; herringbone twill
Finish: Of two or more yarns of different colors
in the warp and filling, napped on both
sides
The petitioner emphasizes that the yarns must be ring spun, the
yarns must be plied, and the fabric is napped on both sides. The
petitioner further states because the fabric is heavily napped on both
sides, it is imperative that the yarns be ring spun and plied in order
to offset the degrading effects of napping on both sides.
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 fabric for purposes of the intended use. Comments must be
received no later than March 30, 2005. 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 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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.05-5206 Filed 3-11-05; 2:16 pm]