[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Notices]
[Pages 1694-1695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-521]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Request 
under the African Growth and Opportunity Act (AGOA), the United States-
Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade 
Promotion and Drug Eradication Act (ATPDEA)

January 6, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a request for a 
determination that anti-microbial elastomeric filament yarn, 
incorporated in knit fabric, used in apparel articles, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the AGOA, the CBTPA, and the ATPDEA.

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SUMMARY: On January 3, 2005, the Chairman of CITA received a petition 
from Alston & Bird, LLP, on behalf of their client, Ge-Ray Fabrics, 
Inc., that a certain anti-microbial elastomeric filament yarn, of the 
specifications below, classified in under subheadings 5402.49.9005 and 
5404.10.8005 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 from such yarns or from U.S. formed fabrics containing such 
yarns be eligible for preferential treatment under the AGOA, the CBTPA, 
and the ATPDEA. CITA hereby solicits public comments on this request, 
in particular with regard to whether such yarns can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be submitted by January 25,2005 to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, 14th and Constitution Avenue, N.W. Washington, 
D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as 
added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001; Presidential Proclamations 7350 
and 7351 of October 4, 2000; Section 204 (b)(3)(B)(ii) of the

[[Page 1695]]

ATPDEA, Presidential Proclamation 7616 of October 31, 2002, 
Executive Order 13277 of November 19, 2002, and the United States 
Trade Representative's Notice of Further Assignment of Functions of 
November 25, 2002.

Background

    The AGOA, the CBTPA, and the ATPDEA provide for quota- and duty-
free treatment for qualifying textile and apparel products. Such 
treatment is generally limited to products manufactured from yarns and 
fabrics formed in the United States or a beneficiary country. The AGOA, 
the CBTPA, and the ATPDEA also provide 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 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 (66 FR 7271) and pursuant to Executive Order No. 13277 
(67 FR 70305) and the United States Trade Representative's Notice of 
Redelegation of Authority and Further Assignment of Functions (67 FR 
71606), CITA has been delegated the authority to determine whether 
yarns or fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the AGOA, the CBTPA, or 
the ATPDEA. On March 6, 2001, CITA published procedures that it will 
follow in considering requests (66 FR 13502).
    On January 3, 2005, the Chairman of CITA received a petition from 
Alston & Bird, LLP, on behalf of their client, Ge-Ray Fabrics, Inc., 
that a certain anti-microbial elastomeric filament yarn, of the 
specifications below, classified in under HTSUS subheadings 
5402.49.9005 and 5404.10.8005 cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. It request quota 
and duty-free treatment under the AGOA, the CBTPA, and the ATPDEA for 
apparel articles that are both cut (or knit-to-shape) and sewn in one 
or more AGOA CBTPA, or ATPDEA beneficiary countries from such yarns or 
U.S.-formed fabrics containing such yarns.
    The anti-microbial elastomeric yarn that is the subject of this 
request is of filament fiber, ranging from 20 to 70 denier (22.2 to 
77.8 decitex). This elastomeric yarn looks like and can be processed 
like ordinary elastomeric yarn, but it includes an anti-microbial agent 
that gives the yarn a unique and desirable functionality. The anti-
microbial agent is a compound that represents 0.2 to 5 percent by 
weight of the elastomeric yarn.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these yarns can be supplied by the 
domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other yarns that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for this yarn for purposes of the intended use. Comments must be 
received no later than January 25, 2005. 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 yarn 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 yarn stating that it produces the yarn 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. 05-521 Filed 1-6-05; 2:31 pm]
BILLING CODE 3510-DS-S