[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Notices]
[Pages 54269-54270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20426]


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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)

September 3, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a petition for 
determinations that certain twill rayon/nylon/spandex warp stretch 
fabric cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the CBTPA.

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SUMMARY: On August 31, 2004, the Chairman of CITA received a petition 
from Grunfeld, Desiderio, Lebowitz, Silverman, and Klestadt LLP, on 
behalf of Mast Industries, Inc., alleging that certain twill rayon/
nylon/spandex warp stretch fabric, of the specifications detailed 
below, classified in subheading 5516.22.0040 of the Harmonized Tariff 
Schedule of the United States (HTSUS), cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. The 
petition 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 September 23, 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.

[[Page 54270]]


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 August 31, 2004, the Chairman of CITA received a petition on 
behalf of Mast Industries, Inc., alleging that certain twill rayon/
nylon/spandex warp stretch fabric, of the specifications detailed 
below, classified HTSUS subheading 5516.22.0040, 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:

 
 
 
HTSUS Subheading:               5516.22.0040
Fiber Content:                  77% staple rayon/ 20% filament nylon/ 3%
                                 filament spandex
Weight:                         245 g/m2
Construction:                   2 X 1 twill weave
Thread Count:                   39.4 warp ends per centimeter and 29.9
                                 filling picks per centimeter
Yarn Number:                    Warp: 70 denier filament nylon yarns
                                 gimped around a core of 40 denier
                                 monofilament spandex; filling: 10/1
                                 c.c. staple rayon yarn
 

    The petitioner emphasizes the importance of weaving and dyeing the 
fabric under controlled ``relaxed'' (i.e. tensionless) conditions. The 
subject fabric requires the use of tentering frames to overfeed the 
fabric through a relaxed drying process.
    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 September 23, 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. 04-20426 Filed 9-3-04; 2:28 pm]
BILLING CODE 3510-DR-S