[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Page 35586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14495]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

June 22, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements

ACTION: Request for public comments concerning a petition for a 
determination that certain dyed, two way stretch twill woven fabric 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the CBTPA.

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SUMMARY: On June 18, 2004, the Chairman of CITA received a petition 
from Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, on 
behalf of Pressman-Gutman Co., Inc., alleging that certain dyed, two 
way stretch twill woven fabric, of three ply yarns composed of 62 
percent staple polyester, 33 percent staple rayon and 5 percent 
filament spandex, of the specifications detailed below, classified in 
subheading 5515.11.0040 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. It requests that apparel 
articles of such fabrics assembled in one or more CBTPA beneficiary 
countries be eligible for preferential treatment under the CBTPA. CITA 
hereby solicits public comments on this petition, in particular with 
regard to whether this fabric can be supplied by the domestic industry 
in commercial quantities in a timely manner. Comments must be submitted 
by July 12, 2004 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 213(b)(2)(A)(v)(II) of the 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. 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, 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 June 18, 2004, the Chairman of CITA received a petition on 
behalf of Pressman-Gutman Co., Inc., alleging that certain dyed, two 
way stretch twill woven fabric, of three-ply yarns composed of 62 
percent staple polyester, 33 percent staple rayon and 5 percent 
filament spandex, of the specifications detailed below, classified in 
subheading 5515.11.0040 of the Harmonized Tariff Schedule of the United 
States (HTSUS), 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 cut 
and sewn in one or more CBTPA beneficiary countries from such fabrics.

Specifications:

    Construction: 40.9 warp ends per centimeter, 27.6 filling picks per 
centimeter
    3 Ply Yarn: two size 40 c.c. polyester/rayon blend staple yarns 
combined with a 40 denier filament spandex yarn in both the warp and 
the filling
    Weight: Approximately 285 g/m2.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether this fabric 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 fabric for purposes of the intended use. Comments must be 
received no later than July 12, 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 this fabric 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 fabric stating that it produces the 
fabric that is 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-14495 Filed 6-22-04; 4:06 pm]
BILLING CODE 3510-DR-S