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