[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30088-30089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10565]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Request 
under the African Growth and Opportunity Act (AGOA) and the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

May 20, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a request for a 
determination that certain woven bamboo/cotton fabric cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner under the AGOA and the CBTPA.

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SUMMARY: On May 18, 2005 the Chairman of CITA received a petition from 
Columbia Sportswear Company alleging that certain woven bamboo/cotton 
fabric, of specifications detailed below, classified in subheading 
5516.42.0022 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 apparel 
articles of such fabrics be eligible for preferential treatment under 
the AGOA and 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 June 9, 2005 to the Chairman, 
Committee for the Implementation of Textile Agreements, Room 3001, 
United States Department of Commerce, 14th and Constitution Avenue, 
N.W. Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 112(b)(5)(B) of the AGOA; Section 211(a) of 
the CBTPA, amending Section 213(b)(2)(A)(v)(II) of the Caribbean 
Basin Recovery Act (CBERA); Sections 1 and 6 of Executive Order No. 
13191 of January 17, 2001; Presidential Proclamations 7350 and 7351 
of October 2, 2000.

BACKGROUND:

    The AGOA and the CBTPA provide for quota- and duty-free treatment 
for qualifying textile and apparel products. Such treatment is 
generally limited to products manufactured from yarns and fabrics 
formed in the United States or a beneficiary country. The AGOA and the 
CBTPA also provide 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 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 AGOA and 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 May 18, 2005 the Chairman of CITA received a petition from 
Columbia Sportswear Company alleging that certain woven bamboo/cotton 
fabric, of specifications detailed below, classified in HTSUS 
subheading 5516.42.0022, for use in apparel articles, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner and requesting quota- and duty-free treatment under the AGOA and 
the CBTPA for apparel articles that are both cut and sewn in one or 
more beneficiary countries from such fabrics.

Specifications:

 
 
 
Petitioner Style Number:        008410
Construction:                   Woven Plain Weave
Fiber Content:                  59% Bamboo / 41% Cotton
Yarn Number:                    33.6/1 metric warp, 23.5/1 metric
                                 filling, ring spun
                                Overall average yarn number: 17 - 18
                                 metric
Thread Count:                   27 - 28 warp ends per centimeter
                                20 - 21 filling picks per centimeter
                                Total 47 - 49 threads per square
                                 centimeter
Weave:                          Plain
Weight:                         170 grams per square meter
Width:                          130 - 133 centimeters
Finish:                         Piece Dyed
 

    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 these fabrics for purposes of the intended use. Comments must be 
received no later than June 9, 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

[[Page 30089]]

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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-10565 Filed 5-23-05; 1:18 pm]
BILLING CODE 3510-DS-S