70 FR 63 pgs. 17074-17075 - Request for Public Comments on Commercial Availability Petitionunder the United States-Caribbean Basin Trade Partnership Act(CBTPA)
Type: NOTICEVolume: 70Number: 63Pages: 17074 - 17075
FR document: [FR Doc. 05-6733 Filed 3-31-05; 3:53 pm]
Agency: Committee for the Implementation of Textile Agreements
Official PDF Version: PDF Version
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Petitionunder the United States-Caribbean Basin Trade Partnership Act(CBTPA)
March 31, 2005.
AGENCY:
The Committee for the Implementation of Textile Agreements (CITA)
ACTION:
Request for public comments concerning a request for a determinationthat certain 100 percent cotton, carbon-emerized, four-thread twill weavefabric cannot be supplied by the domestic industry in commercial quantitiesin a timely manner under the CBTPA.
SUMMARY:
On March 29, 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, four-threadtwill weave fabric, of the specifications detailed below, classified insubheading 5208.33.00.00 of the Harmonized Tariff Schedule of the UnitedStates (HTSUS), cannot be supplied by the domestic industry in commercialquantities in a timely manner. The petition requests that woven cottonshirts and blouses of such fabrics assembled in one or more CBTPAbeneficiary countries be eligible for preferential treatment under theCBTPA. CITA hereby solicits public comments on this request, in particularwith regard to whether such fabrics can be supplied by the domesticindustry in commercial quantities in a timely manner. Comments must besubmitted by April 19, 2005, to the Chairman, Committee for the Implementation of Textile Agreements,Room 3001, United States Department of Commerce, 14th and ConstitutionAvenue, N.W. Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT:
Naomi Freeman, International Trade Specialist, Office of Textiles andApparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority:
Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic RecoveryAct, as added by Section 211(a) of the CBTPA; Section 6 of Executive OrderNo. 13191 of January 17, 2001.
BACKGROUND:
The CBTPA provides for quota- and duty-free treatment for qualifyingtextile and apparel products. Such treatment is generally limited toproducts manufactured from yarns or fabrics formed in the United States ora beneficiary country. The CBTPA also provides for quota- and duty-freetreatment for apparel articles that are both cut (or knit-to-shape) andsewn or otherwise assembled in one or more CBTPA beneficiary countries fromfabric or yarn that is not formed in the United States, if it has beendetermined that such fabric or yarn cannot be supplied by the domesticindustry in commercial quantities in a timely manner. In Executive OrderNo. 13191, the President delegated to CITA the authority to determinewhether yarns or fabrics cannot be supplied by the domestic industry incommercial quantities in a timely manner under the CBTPA and directed CITAto establish procedures to ensure appropriate public participation in anysuch determination. On March 6, 2001, CITA published procedures that itwill follow in considering requests. (66 FR 13502).
On March 29, 2005 the Chairman of CITA received a petition on behalf ofDillard's Inc. alleging that certain 100 percent cotton, carbon emerized,four-thread twill weave fabrics, of the specifications detailed below,classified under HTSUS subheading 5208.33.00.00, for use in woven cottonshirts and blouses, cannot be supplied by the domestic industry incommercial quantities in a timely manner and requesting quota- andduty-free treatment under the CBTPA for apparel articles that are both cutand 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 spunfilling; overall average yarn number: 38 - 40 metric |
| Thread Count: | 43 - 45 warp ends per centimeter; 24 - 26 filling picks percentimeter; total 61 - 71 threads per square centimeter |
| Weave: | 4 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 fillingyarn carded. The yarn size and thread count and consequently, the weightof the fabric must be exactly or nearly exactly as specified in theaccompanying Exhibit or the fabric will not be suitable for its intendedus. The fabric must be carbon emerized, not napped, on both sides. Theinstant fabric has been lightly emerized on the technical back and somewhatmoreso on the face. Napping will produce a different and unacceptableproduct.
CITA is soliciting public comments regarding this request, particularlywith respect to whether these fabrics can be supplied by the domesticindustry in commercial quantities in a timely manner. Also relevant iswhether other fabrics that are supplied by the domestic industry incommercial quantities in a timely manner are substitutable for the fabricfor purposes of the intended use. Comments must be received no later thanApril 19, 2005. Interestedpersons are invited to submit six copies of such comments or information tothe Chairman, Committee for the Implementation of Textile Agreements, room3100, 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 domesticindustry in commercial quantities in a timely manner, CITA will closelyreview any supporting documentation, such as a signed statement by amanufacturer of the fabric stating that it produces the fabric that is thesubject of the request, including the quantities that can be supplied andthe time necessary to fill an order, as well as any relevant informationregarding past production.
CITA will protect any business confidential information that is marked"business confidential" from disclosure to the full extentpermitted by law. CITA generally considers specific details, such asquantities and lead times for providing the subject product as businessconfidential. However, information such as the names of domesticmanufacturers who were contacted, questions concerning the capability tomanufacture the subject product, and the responses thereto should beavailable for public review to ensure proper public participation in theprocess. If this is not possible, an explanation of the necessity fortreating such information as business confidential must be provided. CITAwill make available to the public non-confidential versions of the requestand non-confidential versions of any public comments received with respectto a request in room 3100 in the Herbert Hoover Building, 14th andConstitution Avenue, N.W., Washington, DC 20230. Persons submittingcomments on a request are encouraged to include a non-confidential versionand a non-confidential summary.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of TextileAgreements.
[FR Doc. 05-6733 Filed 3-31-05; 3:53 pm]
BILLING CODE 3510-DS