[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Notices]
[Pages 22010-22011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9388]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

April 21, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments concerning a request for a 
revocation of a CITA designation under the CBTPA regarding two patented 
fusible interlining fabrics, used in the construction of waistbands.

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SUMMARY: On April 16, 2004 the Chairman of CITA received a petition 
from Hodgson Russ Attorneys, LLP, on behalf of Narroflex Inc. 
(Narroflex), alleging that certain ultra-fine elastomeric crochet 
fabrics, detailed below, can be supplied by the domestic industry in 
commercial quantities in a timely manner, and requesting that CITA 
revoke its previous designation regarding these fabrics. On April 22, 
2003, following a determination that the subject fabrics could not be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the CBTPA, CITA designated apparel from these fabrics as 
eligible for duty-free treatment under the CBTPA. CITA hereby solicits 
public comments on this request from Narroflex, in particular with 
regard to whether such fabrics can be supplied by the domestic industry 
in commercial quantities. Comments must be submitted by May 10, 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: Richard Stetson, 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, 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 and fabrics formed in the 
United States or a beneficiary country. The CBTPA also provides 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 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 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 April 22, 2003, following a determination that certain ultra-
fine elastomeric crochet fabrics, detailed below, could not be supplied 
by the domestic industry in commercial quantities in a timely manner 
under the CBTPA, CITA designated apparel from these fabrics as eligible 
for duty-free treatment under the CBTPA (68 FR 19788). On April 16, 
2004, the Chairman of CITA received a petition from Hodgson Russ 
Attorneys, LLP, on behalf of Narroflex, alleging that these fabrics can 
be supplied by the domestic industry in commercial quantities in a 
timely manner, and requesting that CITA revoke its previous designation 
regarding these fabrics. This petition can be viewed online at http://otexa.ita.doc.gov/Commercial_Availability.htm.
The two fabrics at issue are:

Fusible Interlining 1 -

An ultra-fine elastomeric 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

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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.
    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 elastomeric crochet inner-fusible material with an adhesive 
coating that is applied after going through a finishing process to 
remove all shrinkage from the product. 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.
    In describing the fabrics above, Narroflex used the trademark name 
``Lycra''. CITA will not make a determination on a trademark name, so 
the term ``elastomeric'' has been substituted.
    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. 
Comments must be received no later than May 10, 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. Similarly, if a 
comment alleges that these fabrics cannot be supplied by the domestic 
industry in commercial quantities in a timely manner, CITA will closely 
review any supporting documentation.
    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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-9388 Filed 4-21-04; 12:31 pm]
BILLING CODE 3510-DR-S