Denial of Commercial Availability Request under the United States-Caribbean Basin Trade Partnership Act (CBTPA), 81-82 [04-28717]

Download as PDF 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 82 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices 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 August 31, 2004, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York (Jaclyn), 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 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. Specifications: Fabric Description: Petitioner Style No: HTS Subheading: Fiber Content: Weight: Yarn Size: Gauge: Finish: Stretch Characteristics: D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 04–28717 Filed 12–30–04; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF DEFENSE Office of the Secretary Submission for OMB Review; Comment Request ACTION: single knit jersey, jacquard geometric rib stitch 4934 6006.32.00.80 64% polyester staple/34% cotton/2% spandex 6.165 sq. meters/kg 54.14 metric (32/1 English), spun, filament core 24 (Piece) dyed 45% from relaxed state; 95% recovery to relaxed state On September 8, 2004, CITA published a Federal Register notice requesting public comments on the request, particularly with respect to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. On September 24, 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 for this and three subsequent petitions on similar products, CITA finds that there is domestic capacity and ability to supply 24-gauge circular knit fabric. During the review of the final petition, CITA uncovered information that there are several domestic suppliers VerDate jul<14>2003 capable of providing 24-gauge circular knit fabric. Follow-up calls made by a CITA representative confirmed that there are at least two U.S. companies who have 24-gauge knitting machines and state they have the ability to make the subject 24-gauge fabric 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 request is denied. 14:47 Dec 30, 2004 Jkt 205001 Frm 00013 Fmt 4703 Dated: December 23, 2004. Jeannette Owings-Ballard, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 04–28645 Filed 12–30–04; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF DEFENSE Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by February 2, 2005. Title, Form, and OMB Number: Nomination for Appointment to the United States Military Academy, Naval Academy, and Air Force Academy; DD Form 1870; OMB Number 0701–0026. Type of Request: Extension. Number of Respondents: 16,200. Responses Per Respondent: 1. Annual Responses: 16,200. Average Burden Per Response: 30 minutes. Annual Burden Hours: 8,100. Needs and Uses: The information collection requirement is necessary in order to receive nominations from all Members of Congress, the Vice President, Delegates to Congress, and the Governor and Resident Commissioner of Puerto Rico annually to each of the three service academies, as legal nominating authorities. This information collection that results in appointments made to the academies is in compliance with 10 U.S.C. 4342, 6954, 9342, and 32 CFR part 901. The completed form provides the required information for a nomination to be processed. PO 00000 Affected Public: Individuals or households. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Mr. Lewis Oleinick. Written comments and recommendations on the proposed information collection should be sent to Mr. Oleinick at the Officer of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. DoD Clearance Officer: Mr. Robert Cushing. Written requests for copies of the information collection proposal should be sent to Mr. Cushing, WHS/ESCD/ Information Management Division, 1225 South Clark Street, Suite 504, Arlington, VA 22202–4326. Sfmt 4703 Department of the Navy Notice of Availability of GovernmentOwned Inventions; Available for Licensing Department of the Navy, DOD. Notice. AGENCY: ACTION: SUMMARY: The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. Navy Case No. 84,352: Spinel and Process for Making Same; Navy Case No. 96,775: Magnesium Aluminate Transparent Ceramic Having Low Scattering and Absorption Loss; Navy Case No. 96,921: LiF Coated Magnesium Aluminate. ADDRESSES: Requests for copies of the inventions cited should be directed to the Naval Research Laboratory, Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375–5320, and must include the Navy Case number. FOR FURTHER INFORMATION CONTACT: Jane F. Kuhl, Technology Transfer Office, NRL Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375–5320, telephone 202–767–7230. Due to temporary U.S. Postal Service delays, please fax 202–404–7920, e-mail: kuhl@utopia.nrl.navy.mil or use courier delivery to expedite response. E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 81-82]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28717]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Denial of Commercial Availability Request 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 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.

-----------------------------------------------------------------------

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

[[Page 82]]

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 August 31, 2004, the Chairman of CITA received a petition from 
Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New 
York (Jaclyn), 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 
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.

Specifications:

 
 
 
Fabric Description:             single knit jersey, jacquard geometric
                                 rib stitch
Petitioner Style No:            4934
HTS Subheading:                 6006.32.00.80
Fiber Content:                  64% polyester staple/34% cotton/2%
                                 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:        45% from relaxed state; 95% recovery to
                                 relaxed state
 

    On September 8, 2004, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. On September 24, 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 for this and three subsequent petitions on similar 
products, CITA finds that there is domestic capacity and ability to 
supply 24-gauge circular knit fabric. During the review of the final 
petition, CITA uncovered information that there are several domestic 
suppliers capable of providing 24-gauge circular knit fabric. Follow-up 
calls made by a CITA representative confirmed that there are at least 
two U.S. companies who have 24-gauge knitting machines and state they 
have the ability to make the subject 24-gauge fabric 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 request is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-28717 Filed 12-30-04; 8:45 am]
BILLING CODE 3510-DS-S
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