[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19060-19061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7365]


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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)

April 6, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)
    On April 4, 2005, the notice titled ``Request for Public Comments 
on Commercial Availability Petition under the United States - Caribbean 
Basin Trade Partnership Act (CBTPA)'' concerning certain 100 percent 
cotton, carbon-emerized, four-thread twill weave fabric was erroneously 
published on April 4, 2005 (70 FR 17074). The following is the correct 
document.


ACTION: Request for public comments concerning a request for a 
determination that certain 100 percent cotton, carbon-emerized, three 
or four-thread twill weave fabric cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On April 6, 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, three or four-thread twill weave fabric, of the 
specifications detailed below, classified in subheading 5208.33.00.00 
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 request, in particular with 
regard to whether such fabrics can be supplied by the domestic industry 
in commercial quantities in a timely manner. Comments must be submitted 
by April 27, 2005 to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United

[[Page 19061]]

States Department of Commerce, 14th and Constitution Avenue, N.W. 
Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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 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 or 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, 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 April 6, 2005, the Chairman of CITA received a petition on 
behalf of Dillard's Inc. alleging that certain 100 percent cotton, 
carbon emerized, three or four-thread twill weave fabrics, of the 
specifications detailed below, classified under HTSUS subheading 
5208.33.00.00, for use in woven cotton shirts and blouses, 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 both cut and 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 spun
                                 filling; overall average yarn number:
                                 38 - 40 metric
Thread Count:                   43 - 45 warp ends per centimeter; 24 -
                                 26 filling picks per centimeter; total
                                 61 - 71 threads per square centimeter
Weave:                          three or four-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 filling 
yarn carded. The yarn size and thread count and consequently, the 
weight of the fabric must be exactly or nearly exactly as specified in 
the accompanying Exhibit or the fabric will not be suitable for its 
intended us. The fabric must be carbon emerized, not napped, on both 
sides. The instant fabric has been lightly emerized on the technical 
back and somewhat moreso on the face. Napping will produce a different 
and unacceptable product.
    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 April 27, 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 generally considers specific details, such as 
quantities and lead times for providing the subject product as business 
confidential. However, information such as the names of domestic 
manufacturers who were contacted, questions concerning the capability 
to manufacture the subject product, and the responses thereto should be 
available for public review to ensure proper public participation in 
the process. If this is not possible, an explanation of the necessity 
for treating such information as business confidential must be 
provided. 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. 05-7365 Filed 4-7-05; 4:16 pm]
BILLING CODE 3510-DS