[Federal Register: January 3, 2005 (Volume 70, Number 1)]
[Notices]
[Page 80]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja05-40]
[[Page 80]]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Petition
under the African Growth and Opportunity Act (AGOA), the United States-
Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade
Promotion and Drug Eradication Act (ATPDEA)
December 29, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Request for public comments concerning a petition for a
determination that certain ring spun single yarns, made of micro modal
fibers, cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the AGOA, the CBTPA, and the
ATPDEA.
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SUMMARY: On December 27, 2004, the Chairman of CITA received a petition
from Alston and Bird, L.L.P., on behalf of their client, Texollini,
Inc., alleging that ring spun single yarns of English yarn numbers 30
and higher of 0.9 denier or finer micro modal fibers, classified in
subheading 5510.11.000 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 girls' knit apparel articles from such yarns or from U.S.-
formed fabrics containing such yarns be eligible for preferential
treatment under the AGOA, the CBTPA, and the ATPDEA. CITA hereby
solicits public comments on this request, in particular with regard to
whether such yarns can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
January 18, 2005 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
14th and Constitution Avenue, N.W. Washington, D.C. 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 112(b)(5)(B) of the AGOA; Section
213(b)(2)(A)(v)(II) of the CBTPA, as added by Section 211(a) of the
CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17,
2001; 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 AGOA, the CBTPA, and the ATPDEA provide for quota- and duty-
free treatment for qualifying textile and apparel products. Such
treatment is generally limited to products manufactured from yarns and
fabrics formed in the United States or a beneficiary country. The AGOA,
the CBTPA, and the ATPDEA 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 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), 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 AGOA, the CBTPA, or
the ATPDEA. On March 6, 2001, CITA published procedures that it will
follow in considering requests (66 FR 13502).
On December 27, 2004, the Chairman of CITA received a petition from
Texollini, Inc., alleging that ring spun single yarn of English yarn
numbers 30 and higher of 0.9 denier or finer micro modal fibers,
classified in subheading 5510.10.000 of the HTSUS, for use in women's
and girls' knit apparel articles, cannot be supplied by the domestic
industry in commercial quantities in a timely manner. It requests
quota- and duty-free treatment under the AGOA, the CBTPA, and the
ATPDEA for these apparel articles that are both cut (or knit-to-shape)
and sewn in one or more AGOA, CBTPA, or ATPDEA beneficiary countries
from such yarns or U.S.-formed fabrics containing such yarns.
CITA is soliciting public comments regarding this request,
particularly with respect to whether this yarn can be supplied by the
domestic industry in commercial quantities in a timely manner. Also
relevant is whether other yarns that are supplied by the domestic
industry in commercial quantities in a timely manner are substitutable
for this yarn for purposes of the intended use. Comments must be
received no later than January 18, 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, N.W., Washington,
DC 20230.
If a comment alleges that this yarn 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 yarn stating that it produces the yarn 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. 04-28750 Filed 12-29-04; 2:39 pm]