[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62437-62438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23939]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

October 21, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

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

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SUMMARY: On October 19, 2004, the Chairman of CITA received two 
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, 
Inc. of New York, alleging that certain circular single knit jersey 
fabrics of the specifications detailed below, classified in subheadings 
6006.32.00.80 and 6006.31.00.80 of the Harmonized Tariff Schedule of 
the United States (HTSUS), cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. These petitions request 
that women's and girl's nightwear 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 November 10, 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: Anna Flaaten, 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

[[Page 62438]]

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 October 19, 2004, the Chairman of CITA received two petitions on 
behalf of Jaclyn, Inc. of New York, alleging that certain circular 
single knit jersey fabrics of the specifications detailed below, 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 certain apparel articles that are cut and sewn in one or more 
CBTPA beneficiary countries from such fabrics.

Specifications:

 
 
 
Fabric 1            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4934A
HTS Subheading:                 6006.32.00.80
Fiber Content:                  66-68% polyester staple/32-34% cotton/
                                 0.2-0.5% spandex
Weight:                         6.165 sq. meters/kg
Yarn Size:                      54.14 metric (32/1 English), spun,
                                 filament core
Gauge:                          24
Finish:                         (Piece) dyed
Stretch Characteristics:        Minimum 25% from relaxed state; 90%
                                 recovery to relaxed state
 
Fabric 2            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4944S
HTS Subheading:                 6006.31.00.80 & 6006.32.00.80
Fiber Content:                  64% polyester/35.5 - 35.8% cotton/0.2 -
                                 0.5% spandex
Weight:                         6.06 sq. meters/kg
Yarn Size:                      54.14 metric (32/1 English), spun,
                                 filament core
Gauge:                          28
Finish:                         Bleached or (Piece) dyed
Stretch Characteristics:        25% from relaxed state; 90% recovery to
                                 relaxed state
 

    The petitioner emphasizes that these fabrics must be knit on a 
jacquard machine in order to provide the geometric pattern and puckered 
effect apparent in the fabrics. Also, the petitioner states that the 
fabrics' stretch properties set forth are necessary.
    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 November 10, 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 these fabrics 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. 04-23939 Filed 10-21-04; 12:44 pm]
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