Denial of Commercial Availability Requests under the United States-Caribbean Basin Trade Partnership Act (CBTPA), 80-81 [04-28716]

Download as PDF 80 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comments on Commercial Availability Petition under the African Growth and Opportunity Act (AGOA), the United StatesCaribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) December 29, 2004. The Committee for the Implementation of Textile Agreements (CITA) ACTION: Request for public comments concerning a petition for a determination that certain ring spun single yarns, made of micro modal fibers, cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the CBTPA, and the ATPDEA. AGENCY: SUMMARY: On December 27, 2004, the Chairman of CITA received a petition from Alston and Bird, L.L.P., on behalf of their client, Texollini, Inc., alleging that ring spun single yarns of English yarn numbers 30 and higher of 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.000 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 women’s and girls’ knit apparel articles from such yarns or from U.S.-formed fabrics containing such yarns be eligible for preferential treatment under the AGOA, the CBTPA, and 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 January 18, 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: Janet Heinzen, 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 213(b)(2)(A)(v)(II) of the CBTPA, as added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive Order No. 13191 of January 17, 2001; Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential Proclamation 7616 of October 31, 2002, VerDate jul<14>2003 14:47 Dec 30, 2004 Jkt 205001 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 AGOA, the CBTPA, and the ATPDEA provide for quota- and dutyfree 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, the CBTPA, and the ATPDEA 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 (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 AGOA, the CBTPA, or the ATPDEA. On March 6, 2001, CITA published procedures that it will follow in considering requests (66 FR 13502). On December 27, 2004, the Chairman of CITA received a petition from Texollini, Inc., alleging that ring spun single yarn of English yarn numbers 30 and higher of 0.9 denier or finer micro modal fibers, classified in subheading 5510.10.000 of the HTSUS, for use in women’s and girls’ knit apparel articles, cannot be supplied by the domestic industry in commercial quantities in a timely manner. It requests quota- and duty-free treatment under the AGOA, the CBTPA, and the ATPDEA for these apparel articles that are both cut (or knit-to-shape) and sewn in one or more AGOA, CBTPA, or ATPDEA beneficiary countries from such yarns or U.S.formed fabrics containing such yarns. CITA is soliciting public comments regarding this request, particularly with respect to whether this yarn 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 this yarn for purposes of the intended use. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Comments must be received no later than January 18, 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 this yarn 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 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 nonconfidential version and a nonconfidential summary. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 04–28750 Filed 12–29–04; 2:39 pm] BILLING CODE 3510–DS–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Denial of Commercial Availability Requests under the United StatesCaribbean Basin Trade Partnership Act (CBTPA) December 23, 2004. The Committee for the Implementation of Textile Agreements (CITA). ACTION: Denial of the requests alleging that certain circular knit jersey fabrics for use in apparel articles cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. AGENCY: SUMMARY: On October 19, 2004, the Chairman of CITA received two petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York, alleging that certain circular single knit jersey fabrics of the E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices specifications detailed below, classified in subheadings 6006.31.00.80 and 6006.32.00.80 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. These petitions requested that women’s and girl’s nightwear of such fabric assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. 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 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as added by Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 of January 17, 2001. 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 CBTPA 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 October 19, 2004, the Chairman of CITA received two petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York (Jaclyn), alleging that certain circular single knit jersey fabrics of the specifications detailed below, classified in subheadings 6006.31.00.80 and 6006.32.00.80 of the HTSUS, cannot be supplied by the domestic industry in commercial quantities in a timely manner. These petitions requested that women’s and girl’s nightwear of such fabrics assembled in one or more VerDate jul<14>2003 14:47 Dec 30, 2004 Jkt 205001 CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. Specifications: Specifications: Fabric #1 Fabric Description: Petitioner Style No: HTS Subheading: Fiber Content: Weight: Yarn Size: Gauge: Finish: Stretch Characteristics: Fabric #2 Fabric Description: Petitioner Style No: HTS Subheading: Fiber Content: Weight: Yarn Size: Gauge: Finish: Stretch Characteristics: Frm 00012 commercial quantities in a timely manner. Jaclyn’s requests are denied. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc.04–28716 Filed 12–30–04; 8:45 am] BILLING CODE 3510–DS–S single knit jersey, jacquard geometric rib stitch 4934A 6006.32.00.80 66-68% polyester staple/3234% cotton/0.2-0.5% spandex 6.165 sq. meters/kg 54.14 metric (32/1 English), spun, filament core 24 (Piece) dyed Minimum 25% from relaxed state; 90% recovery to relaxed state single knit jersey, jacquard geometric rib stitch 4944S 6006.31.00.80 & 6006.32.00.80 64% polyester/35.5 - 35.8% cotton/0.2 - 0.5% spandex 6.06 sq. meters/kg 54.14 metric (32/1 English), spun, filament core 28 Bleached or (Piece) dyed 25% from relaxed state; 90% recovery to relaxed state On October 26, 2004, CITA published a Federal Register notice requesting public comments on the requests, particularly with respect to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. On November 16, 2004, CITA and the Office of the U.S. Trade Representative offered to hold consultations with the relevant Congressional committees. We also requested the advice of the U.S. International Trade Commission and the relevant Industry Trade Advisory Committees. Given the information in the ITC report and provided by the domestic industry, CITA finds that there is domestic capacity and ability to supply both 24-gauge and 28-gauge circular knit fabric. The ITC report and follow-up calls made by a CITA representative confirmed that there are several U.S. companies that have 24-gauge or 28gauge knitting machines, or both, and state they have the ability to make the subject fabrics in commercial quantities and in a timely manner. On the basis of currently available information and our review of this request, CITA has determined that the domestic industry can supply the subject fabric described above in PO 00000 81 Fmt 4703 Sfmt 4703 COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Denial of Commercial Availability Request under the United StatesCaribbean Basin Trade Partnership Act (CBTPA) December 23, 2004. The Committee for the Implementation of Textile Agreements (CITA). ACTION: Denial of the request alleging that certain circular knit jersey fabric for use in apparel articles cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. AGENCY: SUMMARY: On August 31, 2004, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York, alleging that certain circular single knit jersey fabric of the specifications detailed below cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that women’s and girl’s nightwear of such fabric assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. 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 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as added by Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 of January 17, 2001. 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 CBTPA beneficiary countries from fabric or yarn that is not formed in the United E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 80-81]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28716]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Requests under the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

December 23, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the requests alleging that certain circular knit 
jersey fabrics for use in apparel articles cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA.

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SUMMARY: On October 19, 2004, the Chairman of CITA received two 
petitions from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, 
Inc. of New York, alleging that certain circular single knit jersey 
fabrics of the

[[Page 81]]

specifications detailed below, classified in subheadings 6006.31.00.80 
and 6006.32.00.80 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. These petitions requested 
that women's and girl's nightwear of such fabric assembled in one or 
more CBTPA beneficiary countries be eligible for preferential treatment 
under the CBTPA.

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 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive Order No. 13191 of January 17, 2001.

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 CBTPA 
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 October 19, 2004, the Chairman of CITA received two petitions 
from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of 
New York (Jaclyn), alleging that certain circular single knit jersey 
fabrics of the specifications detailed below, classified in subheadings 
6006.31.00.80 and 6006.32.00.80 of the HTSUS, cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. These 
petitions requested that women's and girl's nightwear of such fabrics 
assembled in one or more CBTPA beneficiary countries be eligible for 
preferential treatment under the CBTPA.

Specifications:

 
 
 
Specifications:                 ........................................
Fabric 1            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4934A
HTS Subheading:                 6006.32.00.80
Fiber Content:                  66-68% polyester staple/32-34% cotton/
                                 0.2-0.5% spandex
Weight:                         6.165 sq. meters/kg
Yarn Size:                      54.14 metric (32/1 English), spun,
                                 filament core
Gauge:                          24
Finish:                         (Piece) dyed
Stretch Characteristics:        Minimum 25% from relaxed state; 90%
                                 recovery to relaxed state
 
Fabric 2            ........................................
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4944S
HTS Subheading:                 6006.31.00.80 & 6006.32.00.80
Fiber Content:                  64% polyester/35.5 - 35.8% cotton/0.2 -
                                 0.5% spandex
Weight:                         6.06 sq. meters/kg
Yarn Size:                      54.14 metric (32/1 English), spun,
                                 filament core
Gauge:                          28
Finish:                         Bleached or (Piece) dyed
Stretch Characteristics:        25% from relaxed state; 90% recovery to
                                 relaxed state
 

    On October 26, 2004, CITA published a Federal Register notice 
requesting public comments on the requests, particularly with respect 
to whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. On November 16, 2004, CITA 
and the Office of the U.S. Trade Representative offered to hold 
consultations with the relevant Congressional committees. We also 
requested the advice of the U.S. International Trade Commission and the 
relevant Industry Trade Advisory Committees.
    Given the information in the ITC report and provided by the 
domestic industry, CITA finds that there is domestic capacity and 
ability to supply both 24-gauge and 28-gauge circular knit fabric. The 
ITC report and follow-up calls made by a CITA representative confirmed 
that there are several U.S. companies that have 24-gauge or 28-gauge 
knitting machines, or both, and state they have the ability to make the 
subject fabrics in commercial quantities and in a timely manner.
    On the basis of currently available information and our review of 
this request, CITA has determined that the domestic industry can supply 
the subject fabric described above in commercial quantities in a timely 
manner. Jaclyn's requests are denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.04-28716 Filed 12-30-04; 8:45 am]
BILLING CODE 3510-DS-S