[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Notices]
[Pages 3521-3522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1437]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on a Commercial Availability Request 
under the Caribbean Basin Trade Partnership Act (CBTPA)

January 19, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a request for a 
determination that certain yarns, for use in chief-weight cotton 
sweaters, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the CBTPA

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SUMMARY: On January 14, 2005 the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of Outlast 
Technology, Inc. of Boulder, CO and Bernette Textile Co, LLC of New 
York, NY, alleging that certain colored open end spun yarns ranging in 
size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a 
blend of reclaimed and reprocessed cotton and not less than 35 percent 
nor more than 49 percent by weight of Outlast licensed phase change 
acrylic staple fibers produced under license from Outlast, for use in 
chief weight cotton sweaters, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner. It requests that 
such apparel made from such yarn be eligible for preferential treatment 
under the CBTPA. This is a refiling of a previous petition regarding 
the subject yarn. CITA hereby solicits

[[Page 3522]]

public comments on this request, in particular with regard to whether 
such yarn can be supplied by the domestic industry in commercial 
quantities in a timely manner. Comments must be submitted by February 
9, 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) 482-3821.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, 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 and fabrics formed in the 
United States or a beneficiary country. 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 or a beneficiary country, 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 January 14, 2004, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of Outlast Technology, 
Inc. of Boulder, CO and Bernette Textile Co, LLC of New York, NY, 
alleging that certain colored open end spun yarns ranging in size from 
6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of 
reclaimed and reprocessed cotton and not less than 35 percent nor more 
than 49 percent by weight of Outlast licensed phase change acrylic 
staple fiber produced under license from Outlast, for use in chief 
weight cotton sweaters, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner 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 yarns. The 
petition contained the following yarn specifications.

Yarn Specifications:

 
 
 
HTS Subheadings:                5206.11.00.00, 5206.12.00.00
Description:                    Open end spun yarn
Size:                           10 to 31 metric count
Fiber Content:                  In chief weight of cotton reclaimed from
                                 fabric scraps mixed with not less than
                                 35% nor more than 49% producer-dyed
                                 acrylic staple produced under license
                                 from Outlast Technologies, Inc.
 

    CITA is soliciting public comments regarding this request, 
particularly with respect to whether this yarn 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 these yarns for purposes of the intended use. Comments must be 
received no later than February 9, 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 yarns stating that it produces the yarns that are 
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.05-1437 Filed 1-21-05; 2:24 pm]
BILLING CODE 3510-DS