[Federal Register Volume 69, Number 20 (Friday, January 30, 2004)]
[Notices]
[Pages 4494-4495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2068]


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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 Andean 
Trade Promotion and Drug Eradication Act (ATPDEA)

January 28, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements

ACTION: Request for public comments concerning a request for a 
determination that two patented fusible interlining fabrics, used in 
the construction of waistbands, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the AGOA and 
the ATPDEA.

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SUMMARY: On January 20, 2004, the Chairman of CITA received a petition 
from Levi Strauss and Co. alleging that a certain ultra-fine Lycra 
crochet material cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. The petition requests that 
apparel containing waistbands of such fabrics be eligible for 
preferential treatment under the AGOA and the ATPDEA. 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 
February 17, 2004, to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United States Department of Commerce, 
14th and Constitution Avenue, N.W. Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Richard Stetson or Martin Walsh, 
International Trade Specialists, 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 1 of 
Executive Order No. 13191 of January 17, 2001; Presidential 
Proclamations 7350 of October 4, 2000; Section 204 (b)(3)(B)(ii) of 
the ATPDEA, Presidential Proclamation 7616 of October 31, 2002, 
Executive Order 13277 of November 19, 2002, and the United States 
Trade Representative's Notice of Further Assignment of Functions of 
November 25, 2002.

Background

    The AGOA and the ATPDEA 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 
ATPDEA 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 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 
(66 FR 7271) and pursuant to Executive Order No. 13277 (67 FR 70305) 
and the United States Trade Representative's Notice of Redelegation of 
Authority and Further Assignment of Functions (67 FR 71606), CITA has 
been delegated 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 ATPDEA. On March 6, 2001, CITA 
published procedures that it will follow in considering requests (66 FR 
13502).
    On January 20, 2004, the Chairman of CITA received a petition from 
Levi Strauss and Co. alleging that certain ultra-fine Lycra crochet 
outer-fusible material with a fold line that is knitted into the fabric 
and a fine Lycra crochet inner-fusible material with an adhesive 
coating that is applied after going through a finishing process to 
remove all shrinkage from the product, classified under item 
5903.90.2500 of the Harmonized Tariff Schedule of the United States 
(HTSUS), for use in apparel articles (waistbands), 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 
ATPDEA for apparel articles that are both cut and sewn in one or more 
AGOA or ATPDEA beneficiary countries utilizing such fabrics.
The two fabrics at issue are:

Fusible Interlining 1 -

An ultra-fine Lycra crochet outer-fusible material with a fold line 
that is knitted into the fabric. A patent is pending for this fold-line 
fabric.
The fabric is a 45mm wide base substrate, crochet knitted in narrow 
width, synthetic fiber based (49% polyester/43% elastane/8% nylon with 
a weight of 4.4 oz., a 110/110 stretch and a dull yarn), stretch 
elastomeric material with adhesive coating that has the following 
characteristics:
    (a) The 45mm is divided as follows: 34mm solid followed by a 3mm 
seam allowing it to fold over followed by 8mm of solid.
    (b) In the length it exhibits excellent stretch and recovery 
properties at low extension levels.

[[Page 4495]]

    (c) It is delivered pre-shrunk with no potential for relaxation 
shrinkage during high temperature washing or fusing and deliveredlap 
laid, i.e., tension free adhesion level will be maintained or improved 
through garment processing temperatures of up to 350 degrees and dwell 
times of 20 minute durations.
    (d) The duration and efficacy of the bond will be such that the 
adhesive will not become detached from the fabric or base substrate 
during industrial washing or in later garment wear or after-care of 50 
home washes.
In summary, the desired fabric will be an interlining fabric with the 
above properties. The finished interlining fabric is a fabric that has 
been coated with an adhesive coating after going through a finishing 
process to remove all shrinkage from the product and impart a stretch 
to the fabric. This finishing process of imparting stretch to fabrics 
is patented, U.S. Patent 5,987,721.

Fusible Interlining 2 -

A fine Lycra crochet inner-fusible material with an adhesive coating 
that is applied after going through a finishing process to remove all 
shrinkage from the product. (Sample 2) This finishing process 
of imparting stretch to fabrics is patented, U.S. Patent 5,987,721.
Specifically, the fabric is a 40mm synthetic fiber based stretch 
elastomeric fusible (80% nylon type 6/20% spandex with a weight of 4.4 
oz., a 110/110 stretch and a dull yarn), with the following 
characteristics:
    (a) It is supplied pre-coated with an adhesive that will adhere to 
100% cotton and other composition materials such as polyester/cotton 
blends during fusing at a temperature of 180 degrees.
    (b) The adhesive is of a melt flow index which will not strike back 
through the interlining substrate or strike through the fabric to which 
it is fused and whose adhesion level will be maintained or improved 
through garment processing temperatures of up to 350 degrees and dwell 
times of 20 minute durations.
    (c) The duration and efficacy of the bond will be such that the 
adhesive will not become detached from the fabric or base substrate 
during industrial washing or in later garment wear or after-care of 50 
home washes.
    (d) Delivered on rolls of more than 350 yards or lap laid in boxes.
    Both interlining fabrics are classifiable under 5903.90.2500, 
HTSUS. The adhesive coating adds approximately 25% - 30% weight to the 
fusible interlining 1 and adds approximately 20% - 25% weight to the 
fusible interlining 2.
    The fusible interlining fabrics are used in the construction of 
waistbands in pants, shorts, skirts, and other similar products that 
have waistbands.
    Fusible interlining 1 reinforces the twill pant fabric and also 
exclusively contributes to the ``stretch ability'' of the twill pant 
fabric in the waistband area. Fusible interlining 2 is used on the 
underside of the waistband lining fabric. This interlining reinforces 
the waistband lining, which is made from pocketing-type fabric, and 
also exclusively contributes to that fabric's ``stretch ability.'' It 
also serves to ``firm up'' the seam area of the waistband lining so 
that the fabric will not rip or otherwise be damaged during the 
assembly/sewing process.
    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 these fabrics for purposes of the intended use. Comments must be 
received no later than February 17, 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 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 fabrics stating that it produces the 
fabrics 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. 04-2068 Filed 1-28-04; 3:11 pm]
BILLING CODE 3510-DR-S