[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11596-11597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5600]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

March 8, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments concerning a request for a 
determination that apparel made from 100 percent cotton woven flannel 
fabrics made from 14 through 41 NM single ring-spun yarns of different 
colors cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the CBTPA.

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SUMMARY: On March 4, 2004, the Chairman of CITA received a petition 
from Dillard's, Inc. and BWA, Inc. alleging that 100 percent cotton 
woven flannel fabrics made from 14 through 41 NM single ring-spun yarns 
of different colors, classified in subheading 5208.43.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS) of 2 X 1 twill 
weave construction, weighing not more than 200 grams per square meter, 
for use in apparel articles, excluding gloves, cannot be supplied by 
the domestic industry in commercial quantities in a timely manner. It 
requests that apparel of such fabrics cut and sewn in one or more CBTPA 
beneficiary country be eligible for preferential treatment under the 
CBTPA. 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.

[[Page 11597]]

Comments must be submitted by March 26, 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, 
D.C. 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 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act (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 or a beneficiary country. The CBTPA also authorizes 
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 country from fabric or yarn that is not formed in the 
United States, if it has been determined that such fabric or yarns 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. In Executive Order No. 13191 (66 FR 7271), 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 in the 
Federal Register that it will follow in considering requests. (66 FR 
13502).
    On March 4, 2004, the Chairman of CITA received a petition from 
Dillards, Inc. and BWA, Inc. alleging that 100 percent cotton woven 
flannel fabrics, made from 14 through 41 NM single ring-spun yarns of 
different colors, classified in 5208.43.00 of the HTSUS, of 2 X 1 twill 
weave construction, weighing not more than 200 grams per square meters, 
for use in apparel articles, excluding gloves, 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 both cut and sewn in one or more CBTPA beneficiary 
country from such fabrics.
    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 the fabrics for purposes of the intended use. Comments must be 
received no later than March 26, 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. 04-5600 Filed 3-9-04; 10:45 am]
BILLING CODE 3510-DR-S