[Federal Register: August 31, 2004 (Volume 69, Number 168)]
[Notices]
[Page 53047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au04-34]
[[Page 53047]]
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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 26, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning two petitions for
determinations that certain woven fabrics cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA.
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SUMMARY: On August 24, 2004, the Chairman of CITA received two
petitions from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of
Fishman & Tobin, alleging that certain woven 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 apparel articles 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
September 15, 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: Martin J. Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2818.
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 24, 2004, the Chairman of CITA received two petitions on
behalf of Fishman & Tobin alleging that certain woven 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 Fancy polyester/rayon blend suiting
fabric
HTS Subheading: 5515.11.00.05
Fiber Content: 65% polyester/35% rayon
Width: 58/59 inches
Construction: Made on the worsted wool system with two-
ply combed and ring spun yarns in the
warp and fill
Dyeing: Yarns are made from dyed fibers
Fabric 2 Fancy polyester/rayon blend suiting
fabric
HTS Subheading: 5515.11.00.05
Fiber Content: 65% polyester/35% rayon
Width: 58/59 inches
Construction: Made on the synthetic system with two-
ply carded and ring spun yarns in the
warp and fill
Dyeing: Yarns are made from dyed fibers
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 September 15, 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. 04-19905 Filed 8-27-04; 11:32 am]