[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Page 53047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19905]



[[Page 53047]]

-----------------------------------------------------------------------

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)

August 26, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

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

-----------------------------------------------------------------------

SUMMARY: On August 24, 2004, the Chairman of CITA received two 
petitions from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of 
Fishman & Tobin, alleging that certain woven 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 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 these petitions, in particular with regard 
to whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
September 15, 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: Martin J. Walsh, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2818.

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 August 24, 2004, the Chairman of CITA received two petitions on 
behalf of Fishman & Tobin alleging that certain woven 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                        Fancy polyester/rayon blend suiting
                                 fabric
HTS Subheading:                 5515.11.00.05
Fiber Content:                  65% polyester/35% rayon
Width:                          58/59 inches
Construction:                   Made on the worsted wool system with two-
                                 ply combed and ring spun yarns in the
                                 warp and fill
Dyeing:                         Yarns are made from dyed fibers
 
Fabric 2                        Fancy polyester/rayon blend suiting
                                 fabric
HTS Subheading:                 5515.11.00.05
Fiber Content:                  65% polyester/35% rayon
Width:                          58/59 inches
Construction:                   Made on the synthetic system with two-
                                 ply carded and ring spun yarns in the
                                 warp and fill
Dyeing:                         Yarns are made from dyed fibers
 

    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 September 15, 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. 04-19905 Filed 8-27-04; 11:32 am]
BILLING CODE 3510-DR-S