[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Notices]
[Page 9997-9998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-51]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Request
under the African Growth and Opportunity Act (AGOA) and the United
States-Caribbean Basin Trade Partnership Act (CBTPA)
February 26, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Request for public comments concerning a request for a
determination that lastol elastic yarn cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
AGOA and the CBTPA.
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SUMMARY: On February 21, 2003, the Chairman of CITA received a petition
from the Dow Chemical Company alleging that lastol elastic yarn cannot
be supplied by the domestic industry in commercial quantities in a
timely manner. The petition requests that apparel from such yarns or
from U.S.-formed fabrics containing such yarns be eligible for
preferential treatment under the AGOA and the CBTPA. CITA hereby
solicits public comments on this request, in particular with regard to
whether such yarns can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
March 18, 2003 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3100, United States Department of Commerce,
14th and Constitution Avenue, NW. Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Janet 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 CBTPA, 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 and fabrics
formed in the United States or a beneficiary country. 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 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 AGOA or 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 February 21, 2003, the Chairman of CITA received a petition from
the Dow Chemical Company alleging that lastol elastic yarn, which is a
crosslinked, heat resistant elastic yarn having elevated temperature
elasticity comprising a cured, irradiated or crosslinked ethylene
polymer, classified
[[Page 9998]]
under items 5402.49.9005 and 5404.10.8005 of the Harmonized Tariff
Schedule of the United States (HTSUS), for use in apparel articles,
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. It requests quota- and duty-free treatment under the
AGOA and the CBTPA for apparel articles that are both cut (or knit-to-
shape) and sewn in one or more AGOA or CBTPA beneficiary countries from
such yarns or from U.S.-formed fabrics containing such yarns.
Essential characteristics of the yarn in question are:
1. Created from a synthetic polymer, with low but significant
crystallinity, composed of at least 99 percent by weight of ethylene
and at least one other olefin unit.
2. Heat resistance to temperatures up to and greater than 220 degrees
Celsius.
3. Exhibits substantial elasticity.
4. Chemical resistance to the most stringent chemicals used in textile
processing today.
CITA is soliciting public comments regarding this request,
particularly with respect to whether these yarns 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 these yarns for purposes of the intended use. Comments must be
received no later than March 18, 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, NW., Washington,
DC 20230.
If a comment alleges that these yarns 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 yarns 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.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 03-4957 Filed 2-26-03; 4:39 pm]