[Federal Register Volume 71, Number 50 (Wednesday, March 15, 2006)]
[Notices]
[Pages 13360-13361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2558]



[[Page 13360]]

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

March 13, 2006.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Request for public comments concerning a petition for a 
determination that certain nylon and polyester yarns cannot be supplied 
by the domestic industry in commercial quantities in a timely manner 
under the ATPDEA.

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SUMMARY: On March 9, 2006, the Chairman of CITA received a petition 
from Encajes, S.A. Colombia, alleging that certain polyester and nylon 
yarns, classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) in subheadings 5402.31.6000, 5402.62.000, and 
5605.00.1000, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. The petition requests that apparel 
articles containing lace fabrics of such yarns be eligible for 
preferential treatment under the ATPDEA. CITA hereby solicits public 
comments on this request, in particular with regard to whether such 
yarns can be supplied by the domestic industry in commercial quantities 
in a timely manner. Comments must be submitted by March 30, 2006 to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
3001, United States Department of Commerce, 14th and Constitution 
Avenue, NW. Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2582.

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 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 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 (66 FR 7271) and 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 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 ATPDEA. On March 6, 
2001, CITA published procedures that it will follow in considering 
requests (66 FR 13502).
    On March 9, 2006, the Chairman of CITA received a petition from 
Encajes, S.A. Colombia, alleging that certain polyester and nylon 
yarns, as described below, cannot be supplied by the domestic industry 
in commercial quantities in a timely manner. It requests duty-free 
treatment under the ATPDEA for apparel articles that contain lace 
fabrics of such yarns that are cut, or knit-to-shape, and sewn in one 
or more ATPDEA beneficiary countries.

Description:

 
 
 
1. Mamilon Metallic Yarn, G-    ........................................
 100 1/69
HTSUS subheading:               5605.00.1000
Fiber Content:                  100% Metallic Covered in Polyester
Cut:                            Flat
Color:                          Silver and Gold
Yarn Size:                      Silver- 115 denier; Gold - 126 denier
Yarn Type:                      Flat, non-textured
Yarn width:                     25 microns
2. Cationic Polyester BR        ........................................
 305f96, 120 Ts (Rigid Poly)
HTSUS subheading:               5402.62.0000
Fiber Content:                  100% Cationic Polyester
Cut:                            Trilobal
Color:                          Bright
Yarn Type:                      Flat, non-textured
Yarn Size:                      305 decitex, 96 filaments with 120
                                 twists in ``S'' by meter
3. Cationic Polyester Bright    ........................................
 Flat 2/78F48 dtex at 120 Ts
HTSUS subheading:               5402.62.0000
Fiber Content:                  100% Cationic Polyester
Cut:                            Trilobal
Color:                          Bright
Yarn Type:                      Flat, non-textured
Yarn Size:                      78 decitex, 48 filaments, plied, with
                                 120 twists in ``S'' by meter
4. Tactel Bright                ........................................
HTSUS subheading:               5402.31.6000
Fiber Content:                  100% Polyamide 6.6 High Tenacity Nylon
Cut:                            Trilobal
Color:                          Bright
Yarn Type:                      Textured
Yarn Size:                      312 decitex, 102 filaments, plied, with
                                 450 twists in ``S'' by meter
 

    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these yarns can be supplied by the 
domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other yarns that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for these yarns for purposes of the intended use. Comments must be 
received no later than March 30, 2006. 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 yarns 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 yarn stating that it produces the 
yarn 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-

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confidential version and a non-confidential summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.06-2558 Filed 3-13-06; 1:02 pm]
BILLING CODE 3510-DS