[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Notices]
[Page 75933-75934]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-62]
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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)
December 16, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning a petition for a
determination that a certain woven fabric cannot be supplied by the
domestic industry in commercial quantities in a timely manner under the
CBTPA.
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FOR FURTHER INFORMATION CONTACT: Martin J. Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2818.
SUMMARY: On December 12, 2004, the Chairman of CITA received a petition
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman &
Tobin, alleging that a certain woven fabric, of
[[Page 75934]]
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 boys' suits,
trousers, and suit-type jackets or blazers, sizes 2T-20, 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 this fabric can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
January 4, 2005 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
14th and Constitution, NW., Washington, DC 20230.
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 December 12, 2004, the Chairman of CITA received a petition on
behalf of Fishman & Tobin alleging that a certain woven fabric, 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 boys' suits, trousers, and suit-type
jackets or blazers, sizes 2T-20, that are cut and sewn in one or more
CBTPA beneficiary countries from such fabrics.
Specifications
Fabric: Fancy polyester filament fabric.
HTS Subheading: 5407.53.20.20 & 5407.53.20.60.
Fiber Content: 100% Polyester.
Width: 58/60 inches.
Construction: Plain, twill and satin weaves, in combinations of
75 denier, 100 denier, 150 denier, and 300 denier yarn sizes, with
mixes of 25% cationic/75% disperse, 50% cationic/50% disperse, and
100% cationic.
Dyeing: Containing at least three different yarns, each of which
is dyed a different color.
CITA is soliciting public comments regarding these requests,
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 January 4, 2005. 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, NW., 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, NW.,
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. 04-27893 Filed 12-16-04; 2:15 pm]