[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56191-56192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2236]


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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Solicitation of Requests for Modification of Tariff 
Rate Quotas on the Import of Certain Worsted Wool Fabrics

AGENCY: Department of Commerce, International Trade Administration.

ACTION: The Department of Commerce (Department) is soliciting requests 
for the modification of the limitations on the quantity of imports of 
certain worsted wool fabric under the 2004 tariff rate quotas 
established by the Trade and Development Act of 2000 (TDA 2000).

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SUMMARY: The Department hereby solicits requests for the modification 
of the limitations on the quantity of imports of certain worsted wool 
fabric under the 2005 tariff rate quotas established by the TDA 2000, 
and amended by the Trade Act of 2002. To be considered, a request must 
be received or postmarked by 5 p.m. on October 5, 2004 and must comply 
with the requirements of 15 CFR 340. If a request is received, the 
Department will solicit comments on the request in the Federal Register 
and provide a twenty-day comment period. Thirty days after the end of 
the comment period, the Department will determine whether the 
limitations should be modified.

ADDRESSES: Requests must be submitted to: Industry Assessment Division, 
Office of Textiles and Apparel, Room 3100, United States Department of 
Commerce, Washington, DC 20230. Six copies of any such requests must be 
provided.

FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-4058.

SUPPLEMENTARY INFORMATION:

BACKGROUND

    Title V of the TDA 2000 created two tariff rate quotas (TRQs), 
providing for temporary reductions for three years in the import duties 
on limited quantities of two categories of worsted wool fabrics 
suitable for use in making suits, suit-type jackets, or trousers: (1) 
for worsted wool fabric with average fiber diameters greater than 18.5 
microns (Harmonized Tariff Schedule of the United States (HTS) heading 
9902.51.11); and (2) for worsted wool fabric with average fiber 
diameters of 18.5 microns or less (HTS heading 9902.51.12).
    On August 6, 2002, President Bush signed into law the Trade Act of 
2002, which includes several amendments to Title V of the TDA 2000. 
These include the extension of the program through 2005; the reduction 
of the in-quota duty rate on HTS 9902.51.12 (average fiber diameter 
18.5 microns or less) from 6 percent to zero, effective for goods 
entered, or withdrawn from warehouse for consumption, on or after 
January 1, 2002; and an increase in the 2003 through 2005 TRQ levels to 
3,500,000 square meters for HTS 9902.51.12 and to 4,500,000 square 
meters for HTS 9902.51.11. Both of these limitations may be modified by 
the President, not to exceed 1,000,000 square meters per year for each 
tariff rate quota.
    The TDA 2000 requires the annual consideration of requests by U.S. 
manufacturers of men's or boys' worsted wool suits, suit-type jackets 
and trousers for modification of the limitation on the quantity of 
fabric that may be imported under the tariff rate quotas, and grants 
the President the authority to proclaim modifications to the 
limitations. In determining whether to modify the limitations, 
specified U.S. market conditions with respect to worsted wool fabric 
and worsted wool apparel must be considered. On January 22, 2001, the 
Department published regulations establishing procedures for 
considering requests for modification of the limitations. Modification 
of Tariff Rate Quota Limitation on Worsted Wool Fabric Imports, 66 FR 
6459 (Jan. 22, 2001) (15 CFR 340).
    To be considered, requests must be submitted by a manufacturer of 
men's or boys' worsted wool suits, suit-type jackets, and trousers in 
the United States and must comply with the requirements of 15 CFR 340.
    A request must include: (1) The name, address, telephone number, 
fax number, and Internal Revenue Service number of the requester; (2) 
The relevant worsted wool apparel product(s) manufactured by the 
person(s), that is, worsted wool suits, worsted wool suit-type jackets, 
or worsted wool trousers; (3) The modification requested, including the 
amount of the modification and the limitation that is the subject of 
the request (HTS heading 9902.51.11 and/or 9902.51.12); and (4) A 
statement of the basis for the request, including all relevant facts 
and circumstances. 15 CFR 340.3(b).
    A request should include the following information for each 
limitation that is the subject of the request, to the extent available: 
(1) A list of suppliers from which the requester purchased domestically 
produced worsted wool fabric during the period July 1, 2003 to June 30, 
2004, the dates of such purchases, the quantity purchased, the quantity 
of imported

[[Page 56192]]

worsted wool fabric purchased, the countries of origin of the imported 
worsted wool fabric purchased, the average price paid per square meter 
of the domestically produced worsted wool fabric purchased, and the 
average price paid per square meter of the imported worsted wool fabric 
purchased; (2) A list of domestic worsted wool fabric producers that 
declined, on request, to sell worsted wool fabric to the requester 
during the period July 1, 2003 to June 30, 2004, indicating the product 
requested, the date of the order, the price quoted, and the reason for 
the refusal; (3) The requester's domestic production and sales for the 
period January 1, 2004 to June 30, 2004 and the comparable six month 
period in the previous year, for each of the following products: 
worsted wool suits, worsted wool suit-type jackets, and worsted wool 
trousers; (4) Evidence that the requester lost production or sales due 
to an inadequate supply of domestically-produced worsted wool fabric on 
a cost competitive basis; and (5) Other evidence of the inability of 
domestic producers of worsted wool fabric to supply domestically 
produced worsted wool fabric to the requester. 15 CFR 340.3(c).
    Requests must be accompanied by a statement by the person 
submitting the request or comments (if a natural person), or an 
employee, officer or agent of the legal entity submitting the request, 
with personal knowledge of the matters set forth therein, certifying 
that the information contained therein is complete and accurate, signed 
and sworn before a Notary Public, and acknowledging that false 
representations to a federal agency may result in criminal penalties 
under federal law. 15 CFR 340.5(a).
    Any business confidential information provided that is marked 
``business confidential'' will be kept confidential and protected from 
disclosure to the full extent permitted by law. To the extent business 
confidential information is provided, a non-confidential submission 
should also be provided, in which business confidential information is 
summarized or, if necessary, deleted. 15 CFR 340.5(b).
    If a request is received, the Department will cause to be published 
a notice in the Federal Register summarizing the request or requests 
and soliciting comments from any interested person, including U.S. 
manufacturers of worsted wool fabric, wool yarn, wool top and wool 
fiber, regarding the requested modification. A twenty-day comment 
period will be provided. 15 CFR 340.4(a). Thirty days after the end of 
the comment period, the Department will determine whether the 
limitations should be modified. 15 CFR 340.7(b).

    Dated: September 14, 2004.
D. Michael Hutchinson,
Acting Deputy Assistant Secretary for Textiles and Apparel.
[FR Doc. E4-2236 Filed 9-17-04; 8:45 am]
BILLING CODE 3510-DR-S