[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71089-71090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23362]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Petition 
under the United States - Andean Trade Promotion and Drug Eradication 
Act (ATPDEA)

November 21, 2005.
AGENCY: 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 ATPDEA.

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SUMMARY: On November 18, 2005, the Chairman of CITA received a petition 
from Oxford Industries alleging that 100 percent cotton woven flannel 
fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 X 2 
twill weave construction, weighing not more than 200 grams per square 
meter, classified under subheading 5208.43.00 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 such fabrics, for use in the manufacture of 
shirts, trousers, nightwear, robes and dressing gowns and woven 
underwear in an ATPDEA beneficiary country for export to the United 
States, be eligible for preferential treatment under the ATPDEA. 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 December 12, 2005 to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, 14th and Constitution, NW., Washington, D.C. 
20230.

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

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential 
Proclamation 7616 of October 31, 2002, Executive Order 13277 of 
November 19, 2002, and the United States Trade Representative's 
Notice of Further Assignment of Functions of November 25, 2002.

BACKGROUND:

    The ATPDEA 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 ATPDEA 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 
ATPDEA beneficiary countries from fabric or yarn that is not formed in 
the United States or a beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. Pursuant to Executive Order 
No. 13277 (67 FR 70305) and the United States Trade Representative's 
Notice of Redelegation of Authority and Further Assignment of Functions 
(67 FR 71606), the President's authority to determine whether yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the ATPDEA has been delegated to 
CITA.
    On November 18, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging that certain 100 percent cotton woven 
flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 
2 X 2 twill weave construction, weighing not more than 200 grams per 
square meter, classified under HTSUS subheading 5208.43.00, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner and requesting quota- and duty-free treatment under the ATPDEA 
for such fabrics, for use in the manufacture of shirts, trousers, 
nightwear, robes and dressing gowns and woven underwear in an ATPDEA 
beneficiary country for export to the United States.

Specifications:

 
 
 
Fiber Content:                  100% Cotton
Weight:                         not more than 200 grams/square meter
Yarn Number:                    ring spun 21-36 NM
Weave:                          2 x 2 twill woven flannel
Finish:                         Yarn dyed, napped on both sides
 

    The petitioner emphasizes that the construction of the fabrics must 
be exactly or nearly exactly as specified or the fabrics will not be 
suitable for their 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 fabrics in question for purposes of the intended use. Comments 
must be received no later than December 12, 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, NW., 
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

[[Page 71090]]

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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 05-23362 Filed 11-22-05; 2:22 pm]
BILLING CODE 3510-DS-S