Request for Public Comments on Commercial Availability Petition under the United States-Caribbean Basin Trade Partnership Act (CBTPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA), 30705-30706 [05-10742]

Download as PDF Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Notices DEPARTMENT OF COMMERCE COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS National Oceanic and Atmospheric Administration [I.D. 051305B] Marine Mammals; File No. 116–1742 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Issuance of permit amendment. SUMMARY: Notice is hereby given that Sea World, Inc., 7007 Sea World Drive, Orlando, FL 32821, has been issued an amendment to public display Permit No. 116–1742–00 to extend the expiration date through May 21, 2006. The amendment and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)713–0376; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301)713–2289. On May 27, 2004, notice was published in the Federal Register (69 FR 30287) that Permit No. 116–1742–00 had been issued to Sea World, Inc., 7007 Sea World Drive, Orlando, FL 32821, for the importation of one beluga whale (Delphinapterus leucas) for the purposes of public display. This permit amendment (No. 116-1742-01) extends the duration of the permit from May 21, 2005, to May 21, 2006. The requested permit amendment has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the Regulations Governing the Taking and Importing of Marine Mammals (50 CFR part 216). SUPPLEMENTARY INFORMATION: Dated: May 20, 2005. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–10666 Filed 5–26–05; 8:45 am] BILLING CODE 3510–22–S VerDate jul<14>2003 16:42 May 26, 2005 Jkt 205001 Request for Public Comments on Commercial Availability Petition under the United States-Caribbean Basin Trade Partnership Act (CBTPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) May 25, 2005. The Committee for the Implementation of Textile Agreements (CITA) ACTION: Request for public comments concerning a petition for a determination that certain compacted, plied, ring spun cotton yarns cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA and the ATPDEA. AGENCY: SUMMARY: On May 23, 2005, the Chairman of CITA received a petition from AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord, Inc., alleging that certain compacted, plied, ring spun cotton yarns, with yarn counts in the range from 42 to 102 metric, classified in subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, 5205.47.0020 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 trousers and shirts and women’s and girls’ woven cotton trousers, shirts and blouses from U.S.-formed fabrics containing such yarns be eligible for preferential treatment under 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 June 13, 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: Richard Stetson, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-2582. 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; Presidential Proclamation 7351 of October 2, 2000; Section 204 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 30705 (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 CBTPA and the ATPDEA provide 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 CBTPA and the ATPDEA also provide for 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 CBTPA or the ATPDEA. On March 6, 2001, CITA published procedures that it will follow in considering requests (66 FR 13502). On May 23, 2005, the Chairman of CITA received a petition from AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord, Inc., alleging that certain compacted, plied, ring spun cotton yarns, with yarn counts in the range from 42 to 102 metric, classified in HTSUS subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, 5205.47.0020, cannot be supplied by the domestic industry in commercial quantities in a timely manner. It requests duty-free treatment under the CBTPA and the ATPDEA for men’s and boys’ woven cotton trousers and shirts and women’s and girls’ woven cotton trousers, shirts and blouses that are both cut (or knit-toshape) and sewn in one or more CBTPA or ATPDEA beneficiary countries from 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 E:\FR\FM\27MYN1.SGM 27MYN1 30706 Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Notices 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. Comments must be received no later than June 13, 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 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 nonconfidential 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.05–10742 Filed 5–25–05; 2:08 pm] BILLING CODE 3510–DS–S VerDate jul<14>2003 16:42 May 26, 2005 Jkt 205001 COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Designation under the Textile and Apparel Commercial Availability Provision of the U.S. - Caribbean Basin Trade Partnership Act (CBTPA) May 24, 2005. The Committee for the Implementation of Textile Agreements (CITA). ACTION: Designation. AGENCY: May 27, 2005. has determined that certain colored, open-end spun yarns, ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of Outlast licensed phase change acrylic staple fibers, produced under license from Outlast, classified in subheadings 5206.11.00.00 and 5206.12.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS), for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. CITA hereby designates chief weight cotton sweaters, made from knit fabrics formed in the United States or an eligible beneficiary CBTPA country from such yarns, that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary country as eligible to enter free of quotas and duties under HTSUS subheading 9820.11.27, provided all other yarns used in the referenced apparel articles are U.S. formed and all other fabrics used in the referenced apparel articles are U.S. formed from yarns wholly formed in the United States. FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and Apparel, U.S. Department of Commerce, (202)482–3400. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: SUMMARY: CITA Authority: Section 211(a) of the CBTPA, amending Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Recovery Act (CBERA); Executive Order No. 13191 of January 17, 2001; Presidential Proclamation 7351 of October 2, 2000. Background The commercial availability provision of the CBTPA provides for duty-free and quota-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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 such yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner and certain procedural requirements have been met. In Presidential Proclamation 7351, the President proclaimed that this treatment would apply to such apparel articles from fabrics or yarns designated by the appropriate U.S. government authority in the Federal Register. In Executive Order No. 13191, the President authorized CITA to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner. On January 14, 2005, CITA received a request alleging that certain colored, open end spun yarns, of a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of Outlast licensed phase change acrylic staple fibers, described above, for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. It requested that such apparel articles, made from knit fabrics formed in the United States or an eligible beneficiary CBTPA country of such yarns, be eligible for preferential treatment under the CBTPA. On January 25, 2005, CITA requested public comment on the petition. See Request for Public Comments on Commercial Availability Petition under the United States - Caribbean Basin Trade Partnership Act (CBTPA) (70 FR 3251, published on January 25, 2005). On February 10, 2005, CITA and the U.S. Trade Representative (USTR) sought the advice of the Industry Trade Advisory Committee for Textiles and Clothing and the Industry Trade Advisory Committee for Distribution Services. On February 10, 2005, CITA and USTR offered to hold consultations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (collectively, the Congressional Committees). On February 25, 2005, the U.S. International Trade Commission provided advice on the request. Based on the information and advice received and its understanding of the industry, CITA determined that the yarns set forth in the request cannot be supplied by the domestic industry in commercial quantities in a timely manner. On March 15, 2005, CITA and USTR submitted a report to the Congressional Committees that set forth the action proposed, the reasons for such action, and advice obtained. A period of 60 calendar days since this report was submitted has expired, as required by the CBTPA. E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30705-30706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10742]


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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) 
and the Andean Trade Promotion and Drug Eradication Act (ATPDEA)

May 25, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA)

ACTION: Request for public comments concerning a petition for a 
determination that certain compacted, plied, ring spun cotton yarns 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the CBTPA and the ATPDEA.

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SUMMARY: On May 23, 2005, the Chairman of CITA received a petition from 
AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord, 
Inc., alleging that certain compacted, plied, ring spun cotton yarns, 
with yarn counts in the range from 42 to 102 metric, classified in 
subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, 
5205.47.0020 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 trousers and shirts and women's and girls' woven 
cotton trousers, shirts and blouses from U.S.-formed fabrics containing 
such yarns be eligible for preferential treatment under 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 June 13, 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: Richard Stetson, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2582.

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; 
Presidential Proclamation 7351 of October 2, 2000; 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 CBTPA and the ATPDEA provide 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 CBTPA and the ATPDEA also 
provide for 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 CBTPA or the ATPDEA. On March 6, 2001, CITA published 
procedures that it will follow in considering requests (66 FR 13502).
    On May 23, 2005, the Chairman of CITA received a petition from AM&S 
Trade Service, L.L.P., on behalf of their client, Galey and Lord, Inc., 
alleging that certain compacted, plied, ring spun cotton yarns, with 
yarn counts in the range from 42 to 102 metric, classified in HTSUS 
subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, 
5205.47.0020, cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. It requests duty-free treatment under 
the CBTPA and the ATPDEA for men's and boys' woven cotton trousers and 
shirts and women's and girls' woven cotton trousers, shirts and blouses 
that are both cut (or knit-to-shape) and sewn in one or more CBTPA or 
ATPDEA beneficiary countries from 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

[[Page 30706]]

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. Comments must be received no later than 
June 13, 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 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-confidential version and a non-confidential summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.05-10742 Filed 5-25-05; 2:08 pm]
BILLING CODE 3510-DS-S
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