[Federal Register: March 11, 2004 (Volume 69, Number 48)]
[Notices]               
[Page 11595-11596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr04-51]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comments on Commercial Availability Petition 
under the Andean Trade Promotion and Drug Eradication Act (ATPDEA), the 
African Growth and Opportunity Act (AGOA) and the United States - 
Caribbean Basin Trade Partnership Act (CBTPA)

March 8, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements

ACTION: Request for public comments concerning a petition for a 
determination that round cut 10-wale

[[Page 11596]]

per inch cotton corduroy cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the ATPDEA, AGOA and 
CBTPA.

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SUMMARY: On March 5, 2004, the Chairman of CITA received a petition 
from S. Schwab Company Inc. alleging that smooth, round cut 10-wale per 
inch (4-wale per centimeter) 100% cotton corduroy for use in 
manufacturing apparel articles, classified in subheading 5801.22.90 of 
the Harmonized Tariff Schedule of the United States (HTSUS), cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. It requests that apparel articles of such fabrics be eligible 
for preferential treatment under the ATPDEA, the AGOA and 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 March 26, 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 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as 
added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001; Presidential Proclamations 7350 
and 7351 of October 4, 2000; Section 204 (b)(3)(B)(ii) of the 
ATPDEA, Presidential Proclamation 7616 of October 31, 2002, 
Executive Order 13277 of November 19, 2002, and the United States 
Trade Representative's Notice of Further Assignment of Functions of 
November 25, 2002.

BACKGROUND:

    The ATPDEA, the AGOA and the CBTPA provide 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 ATPDEA, the AGOA, and the CBTPA also 
provide 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 ATPDEA, AGOA, or 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 
(66 FR 7271) and pursuant to Executive Order No. 13277 (67 FR 70305) 
and the United States Trade Representative's Notice of Redelegation of 
Authority and Further Assignment of Functions (67 FR 71606), CITA has 
been delegated the authority to determine whether yarns or fabrics 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the AGOA, the CBTPA, or the ATPDEA. On March 6, 
2001, CITA published procedures that it will follow in considering 
requests (66 FR 13502).
    On March 5, 2004, the Chairman of CITA received a petition from S. 
Schwab Company Inc. alleging that smooth, round cut 10-wale per inch 
(4-wale per centimeter) 100% cotton corduroy for use in manufacturing 
apparel articles, classified in subheading 5801.22.90 of the Harmonized 
Tariff Schedule of the United States (HTSUS), cannot be supplied by the 
domestic industry in commercial quantities in a timely manner and 
requesting quota- and duty-free treatment under the ADPTEA, the AGOA 
and the CBTPA for apparel articles that are cut and sewn in one or more 
ADPTEA, AGOA or CBTPA beneficiary countries from such fabrics.
    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 March 26, 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. 04-5601 Filed 3-9-04; 10:44 am]