[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Notices]
[Page 19060-19061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-40]
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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)
April 6, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
On April 4, 2005, the notice titled ``Request for Public Comments
on Commercial Availability Petition under the United States - Caribbean
Basin Trade Partnership Act (CBTPA)'' concerning certain 100 percent
cotton, carbon-emerized, four-thread twill weave fabric was erroneously
published on April 4, 2005 (70 FR 17074). The following is the correct
document.
ACTION: Request for public comments concerning a request for a
determination that certain 100 percent cotton, carbon-emerized, three
or four-thread twill weave fabric cannot be supplied by the domestic
industry in commercial quantities in a timely manner under the CBTPA.
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SUMMARY: On April 6, 2005, the Chairman of CITA received a petition
from Sandler, Travis, & Rosenberg, P.A., on behalf of their client,
Dillard's Inc., alleging that certain 100 percent cotton, carbon-
emerized, three or four-thread twill weave fabric, of the
specifications detailed below, classified in subheading 5208.33.00.00
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 cotton shirts and
blouses of such fabrics assembled in one or more CBTPA beneficiary
countries 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 April 27, 2005 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United
[[Page 19061]]
States Department of Commerce, 14th and Constitution Avenue, N.W.
Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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, 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 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 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, 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 April 6, 2005, the Chairman of CITA received a petition on
behalf of Dillard's Inc. alleging that certain 100 percent cotton,
carbon emerized, three or four-thread twill weave fabrics, of the
specifications detailed below, classified under HTSUS subheading
5208.33.00.00, for use in woven cotton shirts and blouses, 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 woven cotton shirts and blouses that are both cut and sewn in one
or more CBTPA beneficiary countries from such fabrics.
Specifications:
HTS Subheading: 5208.33.00.00
Petitioner Style No.: 03842
Fiber Content: 100 percent cotton
Yarn Number: 39/1 - 41/1 metric combed ring spun
warp; 39/1 - 41/1 carded ring spun
filling; overall average yarn number:
38 - 40 metric
Thread Count: 43 - 45 warp ends per centimeter; 24 -
26 filling picks per centimeter; total
61 - 71 threads per square centimeter
Weave: three or four-thread twill
Weight: 176 - 182 grams per square meter
Width: 168 - 172 centimeters
Finish: (Piece) dyed, carbon emerized on both
sides
The petitioner states:
The yarns must be ring spun, the warp yarn combed, and the filling
yarn carded. The yarn size and thread count and consequently, the
weight of the fabric must be exactly or nearly exactly as specified in
the accompanying Exhibit or the fabric will not be suitable for its
intended us. The fabric must be carbon emerized, not napped, on both
sides. The instant fabric has been lightly emerized on the technical
back and somewhat moreso on the face. Napping will produce a different
and unacceptable product.
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 fabric for purposes of the intended use. Comments must be
received no later than April 27, 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. 05-7365 Filed 4-7-05; 4:16 pm]