[Federal Register: October 26, 2004 (Volume 69, Number 206)]
[Notices]
[Page 62437-62438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc04-33]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Petitions
under the United States - Caribbean Basin Trade Partnership Act (CBTPA)
October 21, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning two petitions for
determination that certain circular single knit jersey fabrics cannot
be supplied by the domestic industry in commercial quantities in a
timely manner under the CBTPA.
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SUMMARY: On October 19, 2004, the Chairman of CITA received two
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn,
Inc. of New York, alleging that certain circular single knit jersey
fabrics of the specifications detailed below, classified in subheadings
6006.32.00.80 and 6006.31.00.80 of the Harmonized Tariff Schedule of
the United States (HTSUS), cannot be supplied by the domestic industry
in commercial quantities in a timely manner. These petitions request
that women's and girl's nightwear 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 November 10, 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
[[Page 62438]]
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 October 19, 2004, the Chairman of CITA received two petitions on
behalf of Jaclyn, Inc. of New York, alleging that certain circular
single knit jersey fabrics of the specifications detailed below, 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 ........................................
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4934A
HTS Subheading: 6006.32.00.80
Fiber Content: 66-68% polyester staple/32-34% cotton/
0.2-0.5% 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: Minimum 25% from relaxed state; 90%
recovery to relaxed state
Fabric 2 ........................................
Fabric Description: single knit jersey, jacquard geometric
rib stitch
Petitioner Style No: 4944S
HTS Subheading: 6006.31.00.80 & 6006.32.00.80
Fiber Content: 64% polyester/35.5 - 35.8% cotton/0.2 -
0.5% spandex
Weight: 6.06 sq. meters/kg
Yarn Size: 54.14 metric (32/1 English), spun,
filament core
Gauge: 28
Finish: Bleached or (Piece) dyed
Stretch Characteristics: 25% from relaxed state; 90% recovery to
relaxed state
The petitioner emphasizes that these fabrics must be knit on a
jacquard machine in order to provide the geometric pattern and puckered
effect apparent in the fabrics. Also, the petitioner states that the
fabrics' 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 November 10, 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 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. 04-23939 Filed 10-21-04; 12:44 pm]