[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Notices]
[Page 54270-54271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-35]
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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)
September 3, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning a petition for
determinations that certain circular single knit jersey fabric cannot
be supplied by the domestic industry in commercial quantities in a
timely manner under the CBTPA.
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SUMMARY: On August 31, 2004, the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of
New York, alleging that certain circular single knit jersey fabric of
the specifications detailed below, classified in subheading
6006.32.00.80 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 women's and
girl's nightwear of such fabric 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 this fabric can be supplied by the
domestic industry in commercial quantities in a timely manner. Comments
must be submitted by September 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: Anna Flaaten, 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
[[Page 54271]]
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 31, 2004, the Chairman of CITA received a petition on
behalf of Jaclyn, Inc. of New York, alleging that certain circular
single knit jersey fabric, of the specifications detailed below,
classified HTSUS subheading 6006.32.00.80, 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 fabric.
Specifications:
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4934
HTS Subheading: 6006.32.00.80
Fiber Content: 64% polyester staple/34% cotton/2%
spandex
Weight: 6.165 sq. meters/kg
Yarn Size: 54.14 metric (32/1 English), spun,
filament core
Gauge: 24
Finish: (Piece) dyed
Stretch Characteristics: 45% from relaxed state; 95% recovery to
relaxed state
The petitioner emphasizes that the fabric must be knit on a
jacquard machine in order to provide the geometric pattern and puckered
effect apparent in the fabric. Also, the petitioner states that the
fabric's stretch properties set forth are necessary.
CITA is soliciting public comments regarding this request,
particularly with respect to whether this fabric 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 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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-20427 Filed 9-3-04; 2:28 pm]