[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Notices]
[Page 54269-54270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-34]
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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)
September 3, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for public comments concerning a petition for
determinations that certain twill rayon/nylon/spandex warp stretch
fabric cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the CBTPA.
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SUMMARY: On August 31, 2004, the Chairman of CITA received a petition
from Grunfeld, Desiderio, Lebowitz, Silverman, and Klestadt LLP, on
behalf of Mast Industries, Inc., alleging that certain twill rayon/
nylon/spandex warp stretch fabric, of the specifications detailed
below, classified in subheading 5516.22.0040 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 apparel articles 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
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 September 23, 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.
[[Page 54270]]
FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, 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 CBERA, 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. 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 August 31, 2004, the Chairman of CITA received a petition on
behalf of Mast Industries, Inc., alleging that certain twill rayon/
nylon/spandex warp stretch fabric, of the specifications detailed
below, classified HTSUS subheading 5516.22.0040, 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 apparel
articles that are cut and sewn in one or more CBTPA beneficiary
countries from such fabrics.
Specifications:
HTSUS Subheading: 5516.22.0040
Fiber Content: 77% staple rayon/ 20% filament nylon/ 3%
filament spandex
Weight: 245 g/m2
Construction: 2 X 1 twill weave
Thread Count: 39.4 warp ends per centimeter and 29.9
filling picks per centimeter
Yarn Number: Warp: 70 denier filament nylon yarns
gimped around a core of 40 denier
monofilament spandex; filling: 10/1
c.c. staple rayon yarn
The petitioner emphasizes the importance of weaving and dyeing the
fabric under controlled ``relaxed'' (i.e. tensionless) conditions. The
subject fabric requires the use of tentering frames to overfeed the
fabric through a relaxed drying process.
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 September 23, 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. 04-20426 Filed 9-3-04; 2:28 pm]