[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Pages 19735-19736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7586]


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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 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, 2 x 2 twill weave, 
flannel fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On April 8, 2005, the Chairman of CITA received a petition 
from Oxford Industries alleging that certain 100 percent cotton, 2 x 2 
twill weave, flannel fabrics, of ring spun and combed 2 ply yarns, of 
the specifications detailed below, classified in subheading 
5208.43.0000 of the

[[Page 19736]]

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 
and women's and girls woven cotton 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 April 29, 2005 to the Chairman, 
Committee for the Implementation of Textile Agreements, Room 3001, 
United States Department of Commerce, 14th and Constitution, NW., 
Washington, DC 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 April 8, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging that certain 100 percent cotton, 2 x 2 twill 
weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the 
specifications detailed below, classified HTSUS subheading 
5208.43.0000, 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 men's and boys' woven cotton shirts and 
women's and girls' woven cotton blouses that are cut and sewn in one or 
more CBTPA beneficiary countries from such fabrics.

Specifications:

 
 
 
Petitioner Style No:            1662
Fiber Content:                  100% Cotton
Weight:                         150 - 160 g/m2
Width:                          148 - 152 centimeters
Thread Count:                   50 - 52 ends per cm (25-26 x two plies)
                                42 - 46 filling picks per cm (21-23 x
                                 two plies)
                                92 - 98 thread per square cm (46-49 x
                                 two plies)
Yarn Number:                    34 metric warp and filling, ring spun
                                 combed, two ply average yarn number 60-
                                 62.
Weave:                          2 x 2 twill
Finish:                         Yarns of different colors; napped
 

    The petitioner emphasizes that the construction of the fabric must 
be exactly or nearly exactly as specified or the fabric will not be 
suitable for its intended uses.
    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 29, 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, NW., Washington, DC 
20230. Persons submitting comments on a request are encouraged to 
include a non-confidential version and a non-confidential summary.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-7586 Filed 4-12-05; 2:33 pm]
BILLING CODE 3510-DS-S