[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Notices]
[Page 64086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28341]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

November 6, 2003.
AGENCY: The Committee for the Implementation of Textile Agreements

ACTION: Request for public comments concerning a petition for a 
determination that micro-denier 30 singles and 36 singles solution-
dyed, open-end spun, staple spun viscose yarns, produced on open-ended 
spindles, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the AGOA and CBTPA.

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SUMMARY: On November 3, 2003, the Chairman of CITA received a petition 
from Fabrictex alleging that micro-denier 30 singles and 36 singles 
solution-dyed, open-end spun, staple spun viscose yarns produced on 
open-ended spindles, for use in manufacturing fabrics, classified in 
subheading 5510.11.0000 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 U.S. formed fabrics of such yarns assembled in one 
or more AGOA or CBTPA beneficiary countries be eligible for 
preferential treatment under the AGOA and the CBTPA. CITA hereby 
solicits public comments on this petition, in particular with regard to 
whether this yarn can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
November 28, 2003 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.

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 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the CBERA, 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 or fabrics formed 
in the United States. 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, 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 and 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 November 3, 2003, the Chairman of CITA received a petition from 
Fabrictex alleging that micro-denier 30 singles and 36 singles 
solution-dyed, open-end spun, staple spun viscose yarn, produced on 
open-ended spindles, for use in manufacturing fabrics, classified in 
HTSUS subheading 5510.11.0000, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner and requesting 
quota- and duty-free treatment under the AGOA and the CBTPA for apparel 
articles that are cut and sewn in one or more AGOA or CBTPA beneficiary 
countries from U.S. formed fabrics containing such yarns. Two petitions 
submitted by Fabrictex on solution-dyed, open-end spun, staple spun 
viscose yarn were denied by CITA in May and August of 2001.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether this yarn 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 the yarn for purposes of the intended use. Comments must be 
received no later than November 28, 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, N.W., 
Washington, DC 20230.
    If a comment alleges that this yarn 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 yarn 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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 03-28341 Filed 11-10-03; 8:45 am]
BILLING CODE 3510-DR-S