[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12654-12655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5206]


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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)

March 11, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a petition for a 
determination that certain 100 percent cotton, 4-thread twill and 
herringbone twill weave, flannel fabrics cannot be supplied by the 
domestic industry in

[[Page 12655]]

commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On March 9, 2005, the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York, 
New York alleging that certain 100 percent cotton, 4-thread twill weave 
and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun 
and plied yarns, of the specifications detailed below, classified in 
subheadings 5209.43.0050 and 5209.49.0090 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 men's and boys' woven cotton shirts 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 these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
March 30, 2005 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: 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 March 9, 2005, the Chairman of CITA received a petition on 
behalf of B*W*A of New York, New York alleging that certain 100 percent 
cotton, 4-thread twill weave and herringbone twill weave, flannel 
fabrics, of yarn-dyed, ring spun and plied yarns, of the specifications 
detailed below, classified HTSUS subheadings 5209.43.0050 and 
5209.49.0090, 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:

 
 
 
Petitioner Style No:            153, 154, 155, 156, W3004
Fiber Content:                  100% Cotton
Weight:                         301 - 303 g/m2
Width:                          142 - 145 centimeters
Thread Count:                   25 -26 warp ends per centimeter; 23 - 24
                                 filling pick per centimeter; total 48 -
                                 50 threads per square centimeter
Yarn Number:                    35/2 - 36/2 metric warp and filling,
                                 ring spun; Overall average yarn number:
                                 32-34 metric
Weave:                          4-thread twill; herringbone twill
Finish:                         Of two or more yarns of different colors
                                 in the warp and filling, napped on both
                                 sides
 

    The petitioner emphasizes that the yarns must be ring spun, the 
yarns must be plied, and the fabric is napped on both sides. The 
petitioner further states because the fabric is heavily napped on both 
sides, it is imperative that the yarns be ring spun and plied in order 
to offset the degrading effects of napping on both sides.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these fabrics 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 March 30, 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 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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.05-5206 Filed 3-11-05; 2:16 pm]
BILLING CODE 3510-DS-S