[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Notices]
[Pages 34091-34092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11739]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

June 8, 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 in the warp 
direction, seersucker fabrics cannot be supplied by the domestic 
industry in commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On June 7, 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 in 
the warp direction, 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 28, 2005to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United States Department of Commerce, 
14th and Constitution Avenue, N.W. Washington, DC 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

[[Page 34092]]

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 7, 2005 the Chairman of CITA received a petition from B*W*A 
alleging that certain 100 percent cotton, yarn dyed in the warp 
direction, 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 the warp
                                 direction
 

    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 
received no later than June 28, 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. 05-11739 Filed 6-9-05; 1:46 pm]
BILLING CODE 3510-DS-S