[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Notices]
[Page 47915-47916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-56]
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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)
August 3, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning three petitions for
determinations that certain woven, 100 percent cotton, flannel fabrics
cannot be supplied by the domestic industry in commercial quantities in
a timely manner under the CBTPA.
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SUMMARY: On July 30, 2004, the Chairman of CITA received three
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Picacho,
S.A., alleging that certain woven, 100 percent cotton, flannel fabrics,
of the specifications detailed below, classified in the indicated
subheadings 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 petitions request that shirts,
trousers, nightwear, robes, dressing gowns and woven underwear 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 these petitions, 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
August 23, 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 July 30, 2004, the Chairman of CITA received a petition on
behalf of Picacho, S.A., alleging that certain woven, 100 percent
cotton, flannel fabrics, of the specifications detailed below,
classified in the indicated HTSUS subheadings, 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:
Fabric 1 ........................................
Petitioner Style No: 4835
HTS Subheading: 5208.42.30.00
Fiber Content: 100% Cotton
Weight: 152.6 g/m2
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per centimeter; 15.7
filling picks per centimeter; total:
40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling:
20.3 metric, open end spun; overall
average yarn number: 39.4 metric
Finish: Of yarns of different colors; napped on
both sides, sanforized
Fabric 2 ........................................
Petitioner Style No: 0443B
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m2
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per centimeter; 17.3
filling picks per centimeter; total:
40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling:
8.46 metric, open end spun; overall
average yarn number: 24.1 metric
Finish: Of yarns of different colors; napped on
both sides, sanforized
Fabric 3 ........................................
Petitioner Style No: 4335
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m2
Width: 160 centimeters cuttable
Thread Count: 20.1 warp ends per centimeter; 16.5
filling picks per centimeter; total:
36.6 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 23.3 metric
Finish: Of yarns of different colors; napped on
both sides, sanforized
The petitioner emphasizes that the fabrics must be napped on both
sides, that the yarn sizes and thread count, and consequently, the
weight of the fabrics must be exactly or nearly exactly as specified or
the fabrics will not be suitable for their intended uses. The warp
yarns must be ring spun in order to provide the additional tensile
strength required to offset the degrading effects of heavy napping on
both sides. The filling yarns must be open end spun to provide required
loft and softness. The filling yarns must be spun from fibers that have
been stock dyed prior to carding and the warp yarns must be
[[Page 47916]]
dyed prior to weaving in order to give the desired heather effect.
CITA is soliciting public comments regarding these requests,
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 August 23, 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.04-18112 Filed 8-4-04; 11:49 am]