Request for Public Comments on Commercial Availability Petition under the United States - Caribbean Basin Trade Partnership Act (CBTPA), 12654-12655 [05-5206]

Download as PDF 12654 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices publication of the final results of the next administrative review. COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Notification to Importers This notice also serves as a final reminder to importers of their responsibility under section 351.402(f) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during these review periods. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 7, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Decision Memorandum Comment 1: Cash Deposit Rates Comment 2: ‘‘All Others’’ Rate Comment 3: Export Prices as Surrogate Value Comment 4: Use of Market Economy Price of Iron Ore Powder Comment 5: Methane Gas Surrogate Value Comment 6: Coke Gas and Furnace Gas Surrogate Values Comment 7: Surrogate Value for Wooden Boards Comment 8: Romania Domestic Freight Costs Comment 9: Updated Surrogate Wage Data Comment 10: Surrogate Financial Ratios Comment 11: Aberrational Surrogate Values Comment 12: Value of Recycled Iron Scrap Comment 13: Offsetting for Negative Margins Comment 14: Barge Surrogate Value Comment 15: Whether to Rescind this Review [FR Doc. E5–1127 Filed 3–14–05; 8:45 am] Billing Code: 3510–DS–S VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 Specifications: Withdrawal of Two Commercial Availability Petitions under the United States - Caribbean Basin Trade Partnership Act (CBTPA) Petitioner Style No: Fiber Content: Weight: Width: Thread Count: March 11, 2005. The Committee for the Implementation of Textile Agreements (CITA) AGENCY: The petitioner has notified CITA that it is withdrawing two petitions it submitted for determinations that certain 100 percent cotton, 4-thread twill weave, flannel fabrics and certain 100 percent cotton, double faced sateen weave, flannel fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. Yarn Number: ACTION: SUMMARY: On March 3, 2005, the Chairman of CITA received two petitions from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York, New York, alleging that certain, 100 percent cotton, 4-thread twill weave, flannel fabrics, of yarndyed, ring spun and plied yarns, and certain 100 percent cotton, double faced sateen weave, flannel fabrics, of yarndyed, single yarns, of certain specifications, cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petitions requested that men’s and boys’ woven cotton shirts and woven cotton shirts and blouses, respectively, of such fabrics assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. On March 9, 2005, CITA published notices in the Federal Register (70 FR 11621 and 70 FR 11620) soliciting public comments on these petitions, in particular with regard to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. On March 9, 2005, CITA received a letter from Sandler, Travis & Rosenberg, P.A. withdrawing the petitions. The specifications of these fabrics are repeated below. The petitioner states that the weight of the fabrics was incorrectly stated in both petitions. FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Weave: Finish: Petitioner Style No: Fiber Content: Weight: Width: Thread Count: Yarn Number: Weave: Finish: 153, 154, 155, 156, W3004 100% Cotton 168 - 172 g/m2 142 - 145 centimeters 25 -26 warp ends per centimeter; 23-24 filling pick per centimeter; total 48-50 threads per square centimeter 35/2 - 36/2 metric warp and filling, ring spun; Overall average yarn number: 32-34 metric 4-thread twill Of two or more yarns of different colors in the warp and filling, napped on both sides 5225 100% Cotton 315-320 g/m2 148 - 152 centimeters 33 - 35 warp ends per centimeter; 57 - 59 filling picks per centimeter; total 90 - 94 threads per square centimeter 50 - 52 metric warp; 23 25 metric filling; overall average yarn number: 28 - 30 metric Double faced irregular 3 X 1 sateen Printed on one side on yarns of different colors; napped on both sides; Sanforized James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc.05–5205 Filed 3–11–05; 2:16 pm] BILLING CODE 3510–DS–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comments on Commercial Availability Petition under the United States - Caribbean Basin Trade Partnership Act (CBTPA) March 11, 2005. The Committee for the Implementation of Textile Agreements (CITA) AGENCY: Request for public comments concerning a petition for a determination that certain 100 percent cotton, 4-thread twill and herringbone twill weave, flannel fabrics cannot be supplied by the domestic industry in ACTION: E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices commercial quantities in a timely manner under the CBTPA. SUMMARY: On March 9, 2005, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York, New York alleging that certain 100 percent cotton, 4-thread twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun and plied yarns, of the specifications detailed below, classified in subheadings 5209.43.0050 and 5209.49.0090 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 men’s and boys’ woven cotton shirts of such fabrics assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. 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 March 30, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution, N.W., Washington, D.C. 20230. FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400. SUPPLEMENTARY INFORMATION: 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 March 9, 2005, the Chairman of CITA received a petition on behalf of B*W*A of New York, New York alleging that certain 100 percent cotton, 4-thread twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun and plied yarns, of the specifications detailed below, classified HTSUS subheadings 5209.43.0050 and 5209.49.0090, cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting quota- and duty-free treatment under the CBTPA for certain apparel articles that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics. Specifications: Petitioner Style No: Fiber Content: Weight: Width: Thread Count: Yarn Number: Weave: 153, 154, 155, 156, W3004 100% Cotton 301 - 303 g/m2 142 - 145 centimeters 25 -26 warp ends per centimeter; 23 - 24 filling pick per centimeter; total 48 - 50 threads per square centimeter 35/2 - 36/2 metric warp and filling, ring spun; Overall average yarn number: 32-34 metric 4-thread twill; herringbone twill Of two or more yarns of different colors in the warp and filling, napped on both sides Authority: Section 213(b)(2)(A)(v)(II) of the CBERA, as added by Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 of January 17, 2001. Finish: 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 or fabrics formed in the United States. 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 The petitioner emphasizes that the yarns must be ring spun, the yarns must be plied, and the fabric is napped on both sides. The petitioner further states because the fabric is heavily napped on both sides, it is imperative that the yarns be ring spun and plied in order to offset the degrading effects of napping on both sides. 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 fabric for purposes of the intended use. Comments must be received no later than March 30, 2005. Interested persons are invited to submit six copies of such comments or information to the VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 12655 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 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 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. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc.05–5206 Filed 3–11–05; 2:16 pm] BILLING CODE 3510–DS–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comments on Commercial Availability Petition under the United States - Caribbean Basin Trade Partnership Act (CBTPA) March 11, 2005. The Committee for the Implementation of Textile Agreements (CITA) ACTION: Request for public comments concerning a petition for a determination that certain 100 percent cotton, double faced irregular sateen weave, flannel fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. AGENCY: SUMMARY: On March 9, 2005, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York, New York alleging that certain 100 percent cotton, double faced irregular sateen weave, flannel fabrics, of yarn-dyed, single yarns, of the specifications E:\FR\FM\15MRN1.SGM 15MRN1

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[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12654-12655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5206]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Petition 
under the United States - Caribbean Basin Trade Partnership Act (CBTPA)

March 11, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a petition for a 
determination that certain 100 percent cotton, 4-thread twill and 
herringbone twill weave, flannel fabrics cannot be supplied by the 
domestic industry in

[[Page 12655]]

commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On March 9, 2005, the Chairman of CITA received a petition 
from Sandler, Travis & Rosenberg, P.A., on behalf of B*W*A of New York, 
New York alleging that certain 100 percent cotton, 4-thread twill weave 
and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun 
and plied yarns, of the specifications detailed below, classified in 
subheadings 5209.43.0050 and 5209.49.0090 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 men's and boys' woven cotton shirts of such 
fabrics assembled in one or more CBTPA beneficiary countries be 
eligible for preferential treatment under the CBTPA. 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 
March 30, 2005 to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United States Department of Commerce, 
14th and Constitution, N.W., Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, 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 CBERA, 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 or fabrics formed in the 
United States. 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 March 9, 2005, the Chairman of CITA received a petition on 
behalf of B*W*A of New York, New York alleging that certain 100 percent 
cotton, 4-thread twill weave and herringbone twill weave, flannel 
fabrics, of yarn-dyed, ring spun and plied yarns, of the specifications 
detailed below, classified HTSUS subheadings 5209.43.0050 and 
5209.49.0090, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner and requesting quota- and duty-free 
treatment under the CBTPA for certain apparel articles that are cut and 
sewn in one or more CBTPA beneficiary countries from such fabrics.

Specifications:

 
 
 
Petitioner Style No:            153, 154, 155, 156, W3004
Fiber Content:                  100% Cotton
Weight:                         301 - 303 g/m2
Width:                          142 - 145 centimeters
Thread Count:                   25 -26 warp ends per centimeter; 23 - 24
                                 filling pick per centimeter; total 48 -
                                 50 threads per square centimeter
Yarn Number:                    35/2 - 36/2 metric warp and filling,
                                 ring spun; Overall average yarn number:
                                 32-34 metric
Weave:                          4-thread twill; herringbone twill
Finish:                         Of two or more yarns of different colors
                                 in the warp and filling, napped on both
                                 sides
 

    The petitioner emphasizes that the yarns must be ring spun, the 
yarns must be plied, and the fabric is napped on both sides. The 
petitioner further states because the fabric is heavily napped on both 
sides, it is imperative that the yarns be ring spun and plied in order 
to offset the degrading effects of napping on both sides.
    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 fabric for purposes of the intended use. Comments must be 
received no later than March 30, 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 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 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-confidential version and a non-confidential 
summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.05-5206 Filed 3-11-05; 2:16 pm]
BILLING CODE 3510-DS-S
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