[Federal Register: August 18, 2004 (Volume 69, Number 159)]
[Notices]
[Page 51269-51270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au04-44]
=======================================================================
-----------------------------------------------------------------------
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 16, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning a petition for a
determination that certain woven, 100 percent cotton, napped fabrics
cannot be supplied by the domestic industry in commercial quantities in
a timely manner under the CBTPA.
-----------------------------------------------------------------------
SUMMARY: On August 12, 2004, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Picacho, S.A.,
alleging that certain woven, 100 percent cotton, napped fabrics, of the
specifications detailed below, classified in subheading 5209.31.60.50
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 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 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 September 2, 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 August 12, 2004, the Chairman of CITA received a petition on
behalf of Picacho, S.A., alleging that certain woven, 100 percent
cotton, napped fabrics, of the specifications detailed below,
classified HTSUS subheading 5209.31.60.50, 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:
Fabric 1 ........................................
Petitioner Style No: 62BU1600240A
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 16.53
filling picks per centimeter; total:
40.94 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 14.04 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 2 ........................................
Petitioner Style No: 62BU1600240B
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 305 g/m2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 18.11
filling picks per centimeter; total:
42.52 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling:
10.16 metric, open end spun; overall
average yarn number: 13.95 metric
Finish: (Piece) dyed; 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.
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 September 2, 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 these fabrics can be supplied by the
domestic industry in commercial quantities in a
[[Page 51270]]
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. 04-19018 Filed 8-16-04; 2:17 pm]