[Federal Register: November 12, 2003 (Volume 68, Number 218)]
[Notices]
[Page 64086]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no03-32]
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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) and the United
States - Caribbean Basin Trade Partnership Act (CBTPA)
November 6, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements
ACTION: Request for public comments concerning a petition for a
determination that micro-denier 30 singles and 36 singles solution-
dyed, open-end spun, staple spun viscose yarns, produced on open-ended
spindles, cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the AGOA and CBTPA.
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SUMMARY: On November 3, 2003, the Chairman of CITA received a petition
from Fabrictex alleging that micro-denier 30 singles and 36 singles
solution-dyed, open-end spun, staple spun viscose yarns produced on
open-ended spindles, for use in manufacturing fabrics, classified in
subheading 5510.11.0000 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
apparel articles of U.S. formed fabrics of such yarns assembled in one
or more AGOA or CBTPA beneficiary countries be eligible for
preferential treatment under the AGOA and the CBTPA. CITA hereby
solicits public comments on this petition, in particular with regard to
whether this yarn can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
November 28, 2003 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 112(b)(5)(B) of the AGOA; Section
213(b)(2)(A)(v)(II) of the CBERA, as added by Section 211(a) of the
CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17,
2001.
Background
The AGOA and the CBTPA provide 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 AGOA and the CBTPA also provide 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 AGOA or
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 AGOA and 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 November 3, 2003, the Chairman of CITA received a petition from
Fabrictex alleging that micro-denier 30 singles and 36 singles
solution-dyed, open-end spun, staple spun viscose yarn, produced on
open-ended spindles, for use in manufacturing fabrics, classified in
HTSUS subheading 5510.11.0000, cannot be supplied by the domestic
industry in commercial quantities in a timely manner and requesting
quota- and duty-free treatment under the AGOA and the CBTPA for apparel
articles that are cut and sewn in one or more AGOA or CBTPA beneficiary
countries from U.S. formed fabrics containing such yarns. Two petitions
submitted by Fabrictex on solution-dyed, open-end spun, staple spun
viscose yarn were denied by CITA in May and August of 2001.
CITA is soliciting public comments regarding this request,
particularly with respect to whether this yarn can be supplied by the
domestic industry in commercial quantities in a timely manner. Also
relevant is whether other yarns that are supplied by the domestic
industry in commercial quantities in a timely manner are substitutable
for the yarn for purposes of the intended use. Comments must be
received no later than November 28, 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 this yarn 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 yarn stating that it produces the yarns 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.
[FR Doc. 03-28341 Filed 11-10-03; 8:45 am]