[Federal Register: February 19, 2004 (Volume 69, Number 33)]
[Notices]
[Page 7727-7728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe04-34]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Request
under the United States-Caribbean Basin Trade Partnership Act (CBTPA)
February 13, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Request for public comments concerning a request for a
determination that apparel made from 100 percent cotton woven flannel
fabrics made from 21 through 36 NM single ring-spun yarns of different
colors cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the CBTPA.
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SUMMARY: On February 13, 2004, the Chairman of CITA received a petition
from Oxford Industries, Inc (``Oxford''). alleging that 100 percent
cotton woven flannel fabrics made from 21 through 36 NM single ring-
spun yarns of different colors, classified in subheading 5208.43.00 of
the Harmonized Tariff Schedule of the United States (HTSUS) of 2 X 1
twill weave construction, weighing not more than 200 grams per square
meter, for use in apparel articles, excluding gloves, cannot be
supplied by the domestic industry in commercial quantities in a timely
manner. It requests that apparel of such fabrics cut and sewn in one or
more CBTPA beneficiary country be eligible for preferential treatment
under the CBTPA. CITA hereby solicits public comments on this request,
in particular with regard to whether such fabrics can be supplied by
the domestic industry in commercial quantities in a timely manner.
Comments must be submitted by March 5, 2004 to the Chairman, Committee
for the Implementation of Textile Agreements, room 3001, United States
Department of Commerce, 14th and Constitution Avenue, NW., Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT: Janet 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 Caribbean Basin
Economic Recovery Act (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 or a beneficiary country. The CBTPA also authorizes
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 country from fabric or yarn that is not formed in the
United States, if it has been determined that such fabric or yarns
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. In Executive Order No. 13191 (66 FR 7271), 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 in the
Federal Register that it will follow in considering requests. (66 FR
13502).
On February 13, 2004, the Chairman of CITA received a petition from
Oxford alleging that 100 percent cotton woven flannel fabrics, made
from 21 through 36 NM single ring-spun yarns of different colors,
classified in 5208.43.00 of the HTSUS, of 2 X 1 twill weave
construction, weighing not more than 200 grams per square meters, for
use in apparel articles, excluding gloves, 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 both cut and sewn in one or more CBTPA beneficiary
country from such fabrics.
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 fabrics for purposes of the intended use. Comments must be
received no later than March 5, 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 fabrics stating that it produces the
fabrics that are 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-
[[Page 7728]]
confidential version and a non-confidential summary.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc.04-3669 Filed 2-17-04; 9:15 am]