[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17074-17075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6733]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

March 31, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a request for a 
determinationthat certain 100 percent cotton, carbon-emerized, four-
thread twill weavefabric cannot be supplied by the domestic industry in 
commercial quantitiesin a timely manner under the CBTPA.

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SUMMARY: On March 29, 2005 the Chairman of CITA received a petition 
from Sandler,Travis, & Rosenberg, P.A., on behalf of their client, 
Dillard's Inc.,alleging that certain 100 percent cotton, carbon-
emerized, four-threadtwill weave fabric, of the specifications detailed 
below, classified insubheading 5208.33.00.00 of the Harmonized Tariff 
Schedule of the UnitedStates (HTSUS), cannot be supplied by the 
domestic industry in commercialquantities in a timely manner. The 
petition requests that woven cottonshirts and blouses of such fabrics 
assembled in one or more CBTPAbeneficiary countries be eligible for 
preferential treatment under theCBTPA. CITA hereby solicits public 
comments on this request, in particularwith regard to whether such 
fabrics can be supplied by the domesticindustry in commercial 
quantities in a timely manner. Comments must besubmitted by April 19, 
2005, to the Chairman, Committee for the Implementation of Textile 
Agreements,Room 3001, United States Department of Commerce, 14th and 
ConstitutionAvenue, N.W. Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade 
Specialist, Office of Textiles andApparel, U.S. Department of Commerce, 
(202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic RecoveryAct, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive OrderNo. 13191 of January 17, 2001.

BACKGROUND:

    The CBTPA provides for quota- and duty-free treatment for 
qualifyingtextile and apparel products. Such treatment is

[[Page 17075]]

 generally limited toproducts manufactured from yarns or fabrics formed 
in the United States ora beneficiary country. The CBTPA also provides 
for quota- and duty-freetreatment for apparel articles that are both 
cut (or knit-to-shape) andsewn or otherwise assembled in one or more 
CBTPA beneficiary countries fromfabric or yarn that is not formed in 
the United States, if it has beendetermined that such fabric or yarn 
cannot be supplied by the domesticindustry in commercial quantities in 
a timely manner. In Executive OrderNo. 13191, the President delegated 
to CITA the authority to determinewhether yarns or fabrics cannot be 
supplied by the domestic industry incommercial quantities in a timely 
manner under the CBTPA and directed CITAto establish procedures to 
ensure appropriate public participation in anysuch determination. On 
March 6, 2001, CITA published procedures that itwill follow in 
considering requests. (66 FR 13502).
    On March 29, 2005 the Chairman of CITA received a petition on 
behalf ofDillard's Inc. alleging that certain 100 percent cotton, 
carbon emerized,four-thread twill weave fabrics, of the specifications 
detailed below,classified under HTSUS subheading 5208.33.00.00, for use 
in woven cottonshirts and blouses, cannot be supplied by the domestic 
industry incommercial quantities in a timely manner and requesting 
quota- andduty-free treatment under the CBTPA for apparel articles that 
are both cutand sewn in one or more CBTPA beneficiary countries from 
such fabrics.

Specifications:

 
 
 
HTS Subheading:                 5208.33.00.00
Petitioner Style No.:           03842
Fiber Content:                  100 percent cotton
Yarn Number:                    39/1 - 41/1 metric combed ring spun
                                 warp; 39/1 - 41/1 carded ring
                                 spunfilling; overall average yarn
                                 number: 38 - 40 metric
Thread Count:                   43 - 45 warp ends per centimeter; 24 -
                                 26 filling picks percentimeter; total
                                 61 - 71 threads per square centimeter
Weave:                          4 thread twill
Weight:                         176 - 182 grams per square meter
Width:                          168 - 172 centimeters
Finish:                         (Piece) dyed, carbon emerized on both
                                 sides
 

The petitioner states:
     The yarns must be ring spun, the warp yarn combed, and the 
fillingyarn carded. The yarn size and thread count and consequently, 
the weightof the fabric must be exactly or nearly exactly as specified 
in theaccompanying Exhibit or the fabric will not be suitable for its 
intendedus. The fabric must be carbon emerized, not napped, on both 
sides. Theinstant fabric has been lightly emerized on the technical 
back and somewhatmoreso on the face. Napping will produce a different 
and unacceptableproduct.
    CITA is soliciting public comments regarding this request, 
particularlywith respect to whether these fabrics can be supplied by 
the domesticindustry in commercial quantities in a timely manner. Also 
relevant iswhether other fabrics that are supplied by the domestic 
industry incommercial quantities in a timely manner are substitutable 
for the fabricfor purposes of the intended use. Comments must be 
received no later thanApril 19, 2005. Interestedpersons are invited to 
submit six copies of such comments or information tothe Chairman, 
Committee for the Implementation of Textile Agreements, room3100, 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 
domesticindustry in commercial quantities in a timely manner, CITA will 
closelyreview any supporting documentation, such as a signed statement 
by amanufacturer of the fabric stating that it produces the fabric that 
is thesubject of the request, including the quantities that can be 
supplied andthe time necessary to fill an order, as well as any 
relevant informationregarding past production.
    CITA will protect any business confidential information that is 
marked``business confidential'' from disclosure to the full 
extentpermitted by law. CITA generally considers specific details, such 
asquantities and lead times for providing the subject product as 
businessconfidential. However, information such as the names of 
domesticmanufacturers who were contacted, questions concerning the 
capability tomanufacture the subject product, and the responses thereto 
should beavailable for public review to ensure proper public 
participation in theprocess. If this is not possible, an explanation of 
the necessity fortreating such information as business confidential 
must be provided. CITAwill make available to the public non-
confidential versions of the requestand non-confidential versions of 
any public comments received with respectto a request in room 3100 in 
the Herbert Hoover Building, 14th andConstitution Avenue, N.W., 
Washington, DC 20230. Persons submittingcomments on a request are 
encouraged to include a non-confidential versionand a non-confidential 
summary.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of TextileAgreements.
[FR Doc. 05-6733 Filed 3-31-05; 3:53 pm]
BILLING CODE 3510-DS