[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33450-33451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11475]


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

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

June 3, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Request for public comments concerning a request for a 
determination that certain 100 percent cotton, yarn dyed, seersucker 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the CBTPA.

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

SUMMARY: On June 1, 2005, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of their client B*W*A of 
New York City, alleging that certain 100 percent cotton, yarn dyed, 
plain weave double warp beam seersucker fabrics, of specifications 
detailed below, classified in subheadings 5208.42.30, 5208.42.40, 
5208.42.50, and 5209.41.60 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 shirts, blouses, and sleepwear of such fabrics 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 June 23, 
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: Richard Stetson, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

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

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 and 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 
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 June 1, 2005 the Chairman of CITA received a petition from B*W*A 
alleging that certain 100 percent cotton, yarn dyed, plain weave double 
warp beam seersucker fabrics, of specifications detailed below, 
classified in HTSUS subheadings 5208.42.30, 5208.42.40, 5208.42.50, and 
5209.41.60, for use in woven shirts, blouses, and sleepwear, 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 such apparel articles that are both cut and sewn in one or more 
beneficiary countries from such fabrics.

Specifications:

 
 
 
Petitioner Style Number:        Various
Fiber Content:                  100% Cotton
Yarn Number:                    (1) 33/1 - 119/1 metric warp;
                                (2) 33/1 - 119/1 & 33/2 - 119/2 metric
                                 warp
                                33/1 - 119/1 metric filling;
                                overall average yarn number: 30 - 115
                                 metric
Thread Count:                   23 - 48 warp ends per centimeter; 19 -
                                 40 filling picks per centimeter; total:
                                 42 - 88 threads per square centimeter
Weave:                          Plain weave double warp beam seersucker
Weight:                         101 - 255 grams per square meter
Width:                          136 - 152 centimeters
Finish:                         Of yarns of different colors in both
                                 warp and filling
 

    The petitioner states that one very important feature of the 
fabrics is that they are genuine seersucker fabrics, woven with two 
warp beams, one with half the warp yarns subject to normal warp 
tension, the other with the warp yarns in a relaxed or tensionless 
state. Thus, the unique ``crinkled'' appearance and feel of the 
finished fabric is achieved on the loom and enhanced in the dyeing and 
finishing process, not merely by dyeing and finishing alone.
    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

[[Page 33451]]

received no later than June 23, 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.05-11475 Filed 6-6-05; 4:11 pm]
BILLING CODE 3510-DS-S