[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12655-12656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5207]


-----------------------------------------------------------------------

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, double faced irregular 
sateen weave, flannel fabrics cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the CBTPA.

-----------------------------------------------------------------------

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, double faced 
irregular sateen weave, flannel fabrics, of yarn-dyed, single yarns, of 
the specifications

[[Page 12656]]

detailed below, classified in subheading 5209.59.0025 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 woven cotton shirts and blouses 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, double faced irregular sateen weave, flannel fabrics, of yarn-
dyed, single yarns, of the specifications detailed below, classified 
HTSUS subheading 5209.59.0025, 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 woven cotton shirts 
and blouses that are cut and sewn in one or more CBTPA beneficiary 
countries from such fabrics.

Specifications:

 
 
 
Petitioner Style No:            5225
Fiber Content:                  100% Cotton
Weight:                         325-327 g/m2
Width:                          148 - 152 centimeters
Thread Count:                   33 - 35 warp ends per centimeter; 57 -
                                 59 filling picks per centimeter; total
                                 90 - 94 threads per square centimeter
Yarn Number:                    50 - 52 metric warp; 23 - 25 metric
                                 filling; overall average yarn number:
                                 28 - 30 metric
Weave:                          Double faced irregular 3 X 1 sateen
Finish:                         Printed on one side on yarns of
                                 different colors; napped on both sides;
                                 Sanforized
 

The petitioner further describes the fabric as follows:

     One face appears to be piece dyed, but in fact the filing yarns 
have been dyed prior to weaving. There are two sets of filling yarns, 
thus a loom capable of pick and pick filling insertion is required. In 
this instance, the warp is also dyed prior to weaving, but may be 
undyed as well. On the other face (intended to be the fabric back), the 
dyed yarns have been covered by a vivid print, which extends from 
selvedge to selvedge. The printing is done with fiber reactive dyes, 
not pigments. The fabric is heavily napped 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, NW., 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.05-5207 Filed 3-11-05; 2:16 am]
BILLING CODE 3510-DS-S