[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Pages 43805-43807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16815]


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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)

July 19, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning twelve petitions for 
determinations that certain woven, 100 percent cotton, flannel fabrics 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the CBTPA.

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SUMMARY: On July 14, 2004, the Chairman of CITA received twelve 
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Picacho, 
S.A., alleging that certain woven, 100 percent cotton, flannel fabrics, 
of the specifications detailed below, classified in the indicated 
subheadings 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 petitions request that shirts, 
trousers, nightwear, robes, dressing gowns and woven underwear 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 these petitions, in particular with regard 
to whether these

[[Page 43806]]

fabrics can be supplied by the domestic industry in commercial 
quantities in a timely manner. Comments must be submitted by August 6, 
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 July 14, 2004, the Chairman of CITA received a petition on 
behalf of Picacho, S.A., alleging that certain woven, 100 percent 
cotton, flannel fabrics, of the specifications detailed below, 
classified in the indicated HTSUS subheadings, 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:

 
 
 
Fabric 1                        ........................................
HTS Subheading:                 5208.32.30.40
Fiber Content:                  100% Cotton
Weight:                         152.6 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   24.4 warp ends per centimeter; 15.7
                                 filling picks per centimeter; total:
                                 40.1 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 20.3 metric, open end spun; overall
                                 average yarn number: 39.4 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 2                        ........................................
HTS Subheading:                 5208.42.30.00
Fiber Content:                  100% Cotton
Weight:                         152.6 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   24.4 warp ends per centimeter; 15.7
                                 filling picks per centimeter; total:
                                 40.1 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 20.3 metric, open end spun; overall
                                 average yarn number: 39.4 metric
Finish:                         of yarns of different colors; napped on
                                 both sides, sanforized
 
*cotton fiber must all be       ........................................
 stock dyed prior to carding
 in order to produce the
 desired heather effect in the
 finished fabric.
 
Fabric 3                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   22.8 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 24.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 4                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         203 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   20.5 warp ends per centimeter; 17.3
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 13.5 metric, open end spun; overall
                                 average yarn number: 27.9 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 5                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          150 centimeters cuttable
Thread Count:                   21 warp ends per centimeter; 18 filling
                                 picks per centimeter; total: 39 threads
                                 per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 13.54 metric, open end spun; overall
                                 average yarn number: 23.32 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 6                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         291.5 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   23.2 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 38.2 threads per square centimeter
Yarn Number:                    Warp: 27.07 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 7                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         291.5 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   26.8 warp ends per centimeter; 16.5
                                 filling picks per centimeter; total:
                                 43.3 threads per square centimeter
Yarn Number:                    Warp: 25.46 metric, ring spun; filling:
                                 10.16 metric, open end spun; overall
                                 average yarn number: 23.8 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 8                        ........................................
HTS Subheading:                 5209.31.60.50
Fiber Content:                  100% Cotton
Weight:                         254 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   20 warp ends per centimeter; 14.5
                                 filling picks per centimeter; total:
                                 34.5 threads per square centimeter
Yarn Number:                    Warp: 28.8 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 
Fabric 9                        ........................................
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   22.8 warp ends per centimeter; 17.3
                                 filling picks per centimeter; total:
                                 40.18 threads per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 24.1 metric
Finish:                         gingham check or plaid of yarns of
                                 different colors; napped on both sides,
                                 sanforized
 
Fabric 10                       ........................................
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   22.8 warp ends per centimeter; 15
                                 filling picks per centimeter; total:
                                 37.8 threads per square centimeter

[[Page 43807]]

 
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 24.1 metric
Finish:                         gingham check or plaid of yarns of
                                 different colors; napped on both sides,
                                 sanforized
Fabric 11                       ........................................
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   20.1 warp ends per centimeter; 16.5
                                 filling picks per centimeter; total:
                                 36.6 threads per square centimeter
Yarn Number:                    Warp: 27.07 metric, ring spun; filling:
                                 10.16 metric, open end spun; overall
                                 average yarn number: 23.3 metric
Finish:                         Plaid, of yarns of different colors;
                                 napped on both sides, sanforized
 
*The cotton fiber must all be   ........................................
 stock dyed prior to carding
 in order to produce the
 desired heather effect in the
 finished fabric.
 
Fabric 12                       ........................................
HTS Subheading:                 5209.41.60.40
Fiber Content:                  100% Cotton
Weight:                         251 g/m2
Width:                          160 centimeters cuttable
Thread Count:                   19.7 warp ends per centimeter; 11.8
                                 filling picks per centimeter; total:
                                 31.5 threads per square centimeter
Yarn Number:                    Warp: 20.3 metric, ring spun; filling:
                                 8.46 metric, open end spun; overall
                                 average yarn number: 20.1 metric
Finish:                         Plaid of yarns of different colors;
                                 napped on both sides, sanforized
 


    The petitioner emphasizes that the fabrics must be napped on both 
sides, that the yarn sizes and thread count, and consequently, the 
weight of the fabrics must be exactly or nearly exactly as specified or 
the fabrics will not be suitable for their intended uses. Further, the 
warp yarn must be ring spun in order to provide the additional tensile 
strength required to offset the degrading effects of heavy napping on 
both sides. The filling yarn must be open end spun to provide required 
loft and softness.
    CITA is soliciting public comments regarding these requests, 
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 fabric for purposes of the intended use. Comments must be 
received no later than August 6, 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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.04-16815 Filed 7-20-04; 12:52 pm]
BILLING CODE 3510-DR-S