[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Notices]
[Pages 9997-9998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4957]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Request 
under the African Growth and Opportunity Act (AGOA) and the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

February 26, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments concerning a request for a 
determination that lastol elastic yarn cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
AGOA and the CBTPA.

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SUMMARY: On February 21, 2003, the Chairman of CITA received a petition 
from the Dow Chemical Company alleging that lastol elastic yarn cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner. The petition requests that apparel from such yarns or 
from U.S.-formed fabrics containing such yarns be eligible for 
preferential treatment under the AGOA and the CBTPA. 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 
March 18, 2003 to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3100, United States Department of Commerce, 
14th and Constitution Avenue, NW. Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the CBTPA, as added by Section 211(a) of the 
CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17, 
2001.

Background

    The AGOA and the CBTPA provide for quota- and 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 AGOA and the 
CBTPA also provide 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 AGOA or CBTPA beneficiary countries from 
fabric or yarn that is not formed in the United States or a beneficiary 
country, 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 AGOA or 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 February 21, 2003, the Chairman of CITA received a petition from 
the Dow Chemical Company alleging that lastol elastic yarn, which is a 
crosslinked, heat resistant elastic yarn having elevated temperature 
elasticity comprising a cured, irradiated or crosslinked ethylene 
polymer, classified

[[Page 9998]]

under items 5402.49.9005 and 5404.10.8005 of the Harmonized Tariff 
Schedule of the United States (HTSUS), for use in apparel articles, 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. It requests quota- and duty-free treatment under the 
AGOA and the CBTPA for apparel articles that are both cut (or knit-to-
shape) and sewn in one or more AGOA or CBTPA beneficiary countries from 
such yarns or from U.S.-formed fabrics containing such yarns.

 
 
 
Essential characteristics of the yarn in question are:
 
  1. Created from a synthetic polymer, with low but significant
   crystallinity, composed of at least 99 percent by weight of ethylene
   and at least one other olefin unit.
  2. Heat resistance to temperatures up to and greater than 220 degrees
   Celsius.
  3. Exhibits substantial elasticity.
  4. Chemical resistance to the most stringent chemicals used in textile
   processing today.
 

    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these yarns can be supplied by the 
domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other yarns that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for these yarns for purposes of the intended use. Comments must be 
received no later than March 18, 2003. 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, NW., Washington, 
DC 20230.
    If a comment alleges that these yarns 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 yarns stating that it produces the 
yarns that are 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.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 03-4957 Filed 2-26-03; 4:39 pm]
BILLING CODE 3510-DR-S