[Federal Register: June 13, 2005 (Volume 70, Number 112)]
[Notices]
[Page 34091-34092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn05-21]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Request
under United States-Caribbean Basin Trade Partnership Act (CBTPA)
June 8, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)
ACTION: Request for public comments concerning a request for a
determination that certain 100 percent cotton, yarn-dyed in the warp
direction, seersucker fabrics cannot be supplied by the domestic
industry in commercial quantities in a timely manner under the CBTPA.
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SUMMARY: On June 7, 2005, the Chairman of CITA received a petition from
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of
New York City, alleging that certain 100 percent cotton, yarn dyed in
the warp direction, plain weave double warp beam seersucker fabrics, of
specifications detailed below, classified in subheadings 5208.42.30,
5208.42.40, 5208.42.50, and 5209.41.60 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 woven shirts, blouses, and sleepwear of such
fabrics 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 June 28, 2005to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
14th and Constitution Avenue, N.W. Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 211(a) of the CBTPA, amending Section
213(b)(2)(A)(v)(II) of the Caribbean Basin Recovery Act (CBERA);
Section 6 of Executive Order No. 13191 of January 17, 2001;
Presidential Proclamations 7351 of October 2, 2000.
BACKGROUND:
The CBTPA provides for quota- and duty-free treatment for
qualifying textile
[[Page 34092]]
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 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 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 June 7, 2005 the Chairman of CITA received a petition from B*W*A
alleging that certain 100 percent cotton, yarn dyed in the warp
direction, plain weave double warp beam seersucker fabrics, of
specifications detailed below, classified in HTSUS subheadings
5208.42.30, 5208.42.40, 5208.42.50, and 5209.41.60, for use in woven
shirts, blouses, and sleepwear, 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 such apparel
articles that are both cut and sewn in one or more beneficiary
countries from such fabrics.
Specifications:
Petitioner Style Number: Various
Fiber Content: 100% Cotton
Yarn Number: (1) 33/1 - 119/1 metric warp;
(2) 33/1 - 119/1 & 33/2 - 119/2 metric
warp
33/1 - 119/1 metric filling;
overall average yarn number: 30 - 115
metric
Thread Count: 23 - 48 warp ends per centimeter; 19 -
40 filling picks per centimeter; total:
42 - 88 threads per square centimeter
Weave: Plain weave double warp beam seersucker
Weight: 101 - 255 grams per square meter
Width: 136 - 152 centimeters
Finish: Of yarns of different colors in the warp
direction
The petitioner states that one very important feature of the
fabrics is that they are genuine seersucker fabrics, woven with two
warp beams, one with half the warp yarns subject to normal warp
tension, the other with the warp yarns in a relaxed or tensionless
state. Thus, the unique ``crinkled'' appearance and feel of the
finished fabric is achieved on the loom and enhanced in the dyeing and
finishing process, not merely by dyeing and finishing alone.
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 these fabrics for purposes of the intended use. Comments must be
received no later than June 28, 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 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 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 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. 05-11739 Filed 6-9-05; 1:46 pm]