[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Notices]
[Page 30705-30706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-46]
=======================================================================
-----------------------------------------------------------------------
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)
and the Andean Trade Promotion and Drug Eradication Act (ATPDEA)
May 25, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Request for public comments concerning a petition for a
determination that certain compacted, plied, ring spun cotton yarns
cannot be supplied by the domestic industry in commercial quantities in
a timely manner under the CBTPA and the ATPDEA.
-----------------------------------------------------------------------
SUMMARY: On May 23, 2005, the Chairman of CITA received a petition from
AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord,
Inc., alleging that certain compacted, plied, ring spun cotton yarns,
with yarn counts in the range from 42 to 102 metric, classified in
subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020,
5205.47.0020 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 men's and
boys' woven cotton trousers and shirts and women's and girls' woven
cotton trousers, shirts and blouses from U.S.-formed fabrics containing
such yarns be eligible for preferential treatment under 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 June 13, 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: Richard Stetson, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2582.
SUPPLEMENTARY INFORMATION:
Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin
Economic Recovery Act, as added by Section 211(a) of the CBTPA;
Section 6 of Executive Order No. 13191 of January 17, 2001;
Presidential Proclamation 7351 of October 2, 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 CBTPA and the ATPDEA provide for 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 CBTPA and the ATPDEA also
provide for 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 CBTPA or the ATPDEA. On March 6, 2001, CITA published
procedures that it will follow in considering requests (66 FR 13502).
On May 23, 2005, the Chairman of CITA received a petition from AM&S
Trade Service, L.L.P., on behalf of their client, Galey and Lord, Inc.,
alleging that certain compacted, plied, ring spun cotton yarns, with
yarn counts in the range from 42 to 102 metric, classified in HTSUS
subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020,
5205.47.0020, cannot be supplied by the domestic industry in commercial
quantities in a timely manner. It requests duty-free treatment under
the CBTPA and the ATPDEA for men's and boys' woven cotton trousers and
shirts and women's and girls' woven cotton trousers, shirts and blouses
that are both cut (or knit-to-shape) and sewn in one or more CBTPA or
ATPDEA beneficiary countries from 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
[[Page 30706]]
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
June 13, 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 generally considers specific details, such as
quantities and lead times for providing the subject product as business
confidential. However, information such as the names of domestic
manufacturers who were contacted, questions concerning the capability
to manufacture the subject product, and the responses thereto should be
available for public review to ensure proper public participation in
the process. If this is not possible, an explanation of the necessity
for treating such information as business confidential must be
provided. 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.05-10742 Filed 5-25-05; 2:08 pm]