Request for Public Comments on Commercial Availability Request under the African Growth and Opportunity Act (AGOA), 69524 [05-22820]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Page 69524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22820]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Request 
under the African Growth and Opportunity Act (AGOA)

November 14, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Request for public comments concerning a request for a 
determination that certain 100 percent nylon flat filament yarn cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner under the AGOA.

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SUMMARY: On November 9, 2005 the Chairman of CITA received a petition 
from Shibani Inwear alleging that certain 100 percent nylon flat 
filament yarn, classified in subheading 5402.41.9040 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 certain knit apparel articles made of such yarn 
be eligible for preferential treatment under the AGOA. CITA hereby 
solicits public comments on this request, in particular with regard to 
whether such fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
December 1, 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: Anna Flaaten, 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; Presidential 
Proclamation 7350 of October 2, 2000; Section 1 of Executive Order 
No. 13191 of January 17, 2001.

BACKGROUND:

    The AGOA 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 AGOA 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 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 AGOA 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 November 9, 2005 the Chairman of CITA received a petition from 
Shibani Inwear alleging that certain nylon 66, fully drawn flat 
filament yarn designated 156/71 Strata, classified in HTSUS subheading 
5402.41.9040, for use in certain knit apparel articles, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. This petition is requesting quota- and duty-free treatment 
under the AGOA for apparel articles that are both cut and sewn or knit-
to-shape in one or more AGOA beneficiary countries from such yarns.
    This petition further specifies that the yarn required is nylon 66 
``fully drawn flat yarn'' (FDY) designated 156/71 Strata. According to 
the petition, the yarn count is 156 decitex (140 denier) with 71 
filaments. Out of the total number of filaments, 51 are trilobal in 
cross section with the remaining 20 round in cross section. The 
petitioner asserts that a garment knit of such yarn reflects a unique 
subtle luster due to light reflectance of the different cross sections 
of the filament components. The petitioner intends to make garments 
classified under HTSUS provisions 6109.90.10.65 and 6108.22.90.20, of 
such yarn.
    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. Comments must be 
received no later than December 1, 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-22820 Filed 11-14-05; 3:02 pm]
BILLING CODE 3510-DS-S