Request for Public Comments on Commercial Availability Petition under the United States - Andean Trade Promotion and Drug Eradication Act (ATPDEA), 71089-71090 [05-23362]

Download as PDF Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Notices applicable to ethnic printed fabrics is 5208.52.40, not 5208.32.40. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements November 18, 2005. Commissioner, Bureau of Customs and Border Protection, Washington, DC 20229. Dear Commissioner: The directive issued to you on July 21, 2005 regarding articles made in Nigeria to be treated as ‘‘handloomed, handmade, folklore articles, or ethnic printed fabrics’’ under the AGOA is amended as follows: 1. Add Atlantic Textiles Manufacturing Co. Ltd. to the list of producers of ethnic printed fabrics in Nigeria in Annex B. 2. Strike 5208.32.40 and replace with 5208.52.40 in Annex B. Sincerely, James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 05–23280 Filed 11–23–05; 8:45 am] BILLING CODE 3510–DS COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comments on Commercial Availability Petition under the United States - Andean Trade Promotion and Drug Eradication Act (ATPDEA) November 21, 2005. Committee for the Implementation of Textile Agreements (CITA). ACTION: Request for public comments concerning a petition for a determination that certain 100 percent cotton, 2 x 2 twill weave, flannel fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the ATPDEA. AGENCY: SUMMARY: On November 18, 2005, the Chairman of CITA received a petition from Oxford Industries alleging that 100 percent cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 X 2 twill weave construction, weighing not more than 200 grams per square meter, classified under subheading 5208.43.00 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 such fabrics, for use in the manufacture of shirts, trousers, nightwear, robes and dressing gowns and woven underwear in an ATPDEA beneficiary country for VerDate Aug<31>2005 14:11 Nov 23, 2005 Jkt 205001 export to the United States, be eligible for preferential treatment under the ATPDEA. 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 December 12, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution, NW., Washington, D.C. 20230. FOR FURTHER INFORMATION CONTACT: Maria K. Dybczak, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400. SUPPLEMENTARY INFORMATION: Authority: 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 ATPDEA 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 ATPDEA 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 ATPDEA beneficiary countries from fabric or yarn that is not formed in the United States or a beneficiary country, if it has been determined that such fabric or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner. 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’s authority to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the ATPDEA has been delegated to CITA. On November 18, 2005, the Chairman of CITA received a petition from Oxford Industries alleging that certain 100 percent cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 X 2 twill weave construction, weighing not more than 200 grams per square meter, classified under HTSUS subheading 5208.43.00, cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting quota- PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 71089 and duty-free treatment under the ATPDEA for such fabrics, for use in the manufacture of shirts, trousers, nightwear, robes and dressing gowns and woven underwear in an ATPDEA beneficiary country for export to the United States. Specifications: Fiber Content: Weight: Yarn Number: Weave: Finish: 100% Cotton not more than 200 grams/ square meter ring spun 21-36 NM 2 x 2 twill woven flannel Yarn dyed, napped on both sides The petitioner emphasizes that the construction of the fabrics must be exactly or nearly exactly as specified or the fabrics will not be suitable for their intended uses. 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 fabrics in question for purposes of the intended use. Comments must be received no later than December 12, 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, NW., 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 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 E:\FR\FM\25NON1.SGM 25NON1 71090 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Notices 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, NW., 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. 05–23362 Filed 11–22–05; 2:22 pm] BILLING CODE 3510–DS–S COMMODITY FUTURES TRADING COMMISSION Self-Regulation and Self-Regulatory Organizationsin the Futures Industry Commodity Futures Trading Commission (‘‘Commission’’). ACTION: Request for additional comments on self-regulation and selfregulatory organizations (‘‘SROs’’).1 AGENCY: SUMMARY: This Request for Comments (‘‘Request’’) continues the Commission’s ongoing review of self-regulation and self-regulatory organizations in the U.S. futures industry (‘‘SRO Study’’). The Request seeks public comment on a range of SRO issues, including governance, minimizing conflicts of interest within self-regulation, the composition of SROs’ boards of directors and disciplinary committees, and the impact of increasing competition, changing business models and new ownership structures on SROs’ self-regulatory responsibilities.2 Commenters are also asked to consider the impact of securities exchanges’ listing standards and the unique role of registered futures associations (‘‘RFAs’’) and other third-party regulatory service providers. The questions presented update the Commission’s prior factfinding on self-regulation, build on industry developments since that time, 1 For purposes of this Request, SROs include designated contract markets (‘‘DCMs’’), derivatives clearing organizations (‘‘DCOs’’), and registered futures associations. 2 SROs’ self-regulatory responsibilities include, among other things, market surveillance, trade practice surveillance, and audits and examinations of member firms (e.g., ensuring compliance with financial integrity, financial reporting, sales practice, and recordkeeping requirements). An SRO’s specific responsibilities will depend upon whether it is a DCM, DCO, or RFA. VerDate Aug<31>2005 15:20 Nov 23, 2005 Jkt 205001 and offer interested parties an additional opportunity to comment as the SRO Study nears conclusion. The questions raised in this Request will also form the basis of an upcoming Commission roundtable on selfregulation. The roundtable will provide a forum for industry participants to present their views on both the challenges and opportunities of selfregulation in a rapidly evolving futures industry. DATES: Responses must be received January 9, 2006. ADDRESSES: Written responses should be sent to Jean A. Webb, Secretary, Commodity Futures Trading Commission, Three Lafayette Center, 1155 21st Street, NW., Washington, DC 20581. Responses may also be submitted via e-mail at secretary@cftc.gov. ‘‘SelfRegulation and Self-Regulatory Organizations’’ must be in the subject field of responses submitted via e-mail, and clearly indicated in written submissions. This document is also available for comment at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Stephen Braverman, Deputy Director, (202) 418–5487; Rachel Berdansky, Special Counsel, (202) 418–5429; or Sebastian Pujol Schott, AttorneyAdvisor, (202) 418–5641. Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Center, 1155 21st Street, NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Introduction Since its initiation in May of 2003, the SRO Study has proceeded through two phases.3 Phase I included staff interviews with over 100 individuals representing every segment of the futures industry, including futures commission merchants (‘‘FCMs’’), DCMs, DCOs, and industry associations. Staff also interviewed industry executives, academics, consultants, and individuals associated with securitiesside entities. Based on these interviews, the Commission identified several issues for further attention and launched Phase II of the SRO Study in February of 2004.4 3 The SRO Study was initiated in an address by former Commission Chairman James E. Newsome at the Futures Industry Association Law and Compliance Luncheon (May 28, 2003), available at: https://www.cftc.gov/opa/speeches03/opanewsm40.htm. 4 As a prelude to Phase II, the Commission encouraged every SRO to reexamine its policies, employee training efforts, and day-to-day practices to confirm that there are safeguards in place to prevent the misuse use of confidential information obtained by SROs during audits, investigations, or PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Phase II of the SRO Study has pursued two lines of inquiry. The first addresses issues relating to the cooperative regulatory agreement by which DCMs and the National Futures Association (‘‘NFA’’) coordinate compliance examinations of FCMs (‘‘DSRO System’’). In April of 2004, Commission staff sought public comment on the governance and operation of the Joint Audit Committee (‘‘JAC’’) and on the effectiveness of JAC and NFA examination programs.5 Commission staff also sought comment on certain proposed amendments to the Joint Audit Agreement. The proposed amendments, among other things, add additional parties to the JAC, add certain voting eligibility provisions, and memorialize certain DSRO assignment procedures. The comments received and the proposed amendments to the JAC remain under consideration by Commission staff. The second line of inquiry in Phase II of the SRO Study focuses primarily on conflicts of interest in self-regulation, and those factors that may tend to increase or ameliorate such conflicts. In June of 2004, the Commission sought public comment on SRO board composition, changing ownership structures and business models among SROs, and the organization and oversight of SROs’ regulatory departments and personnel, among other things.6 Simultaneously, the Commission distributed to each SRO a questionnaire to help evaluate the governance structures, policies, and procedures of the self-regulators under the Commission’s authority. The comments solicited in 2004 and in the earlier interviews generated an array of responses and approaches to selfregulation that the Commission is now re-examining in light of industry developments and findings since that time. One significant development in selfregulation since the beginning of the SRO Study is the creation of exchange ‘‘regulatory oversight committees’’ (‘‘ROCs’’). In each case, the ROCs are board-level committees, composed only other self-regulatory activities. The Commission continues to examine confidentiality of information as it moves forward with the SRO Study. See CFTC Progresses with Study of Self-Regulation, CFTC Press Release No. 4890-04 (Feb. 6, 2004), available at: https://www.cftc.gov/opa/press04/opa489004.htm. 5 CFTC Seeks Comment on How Self-Regulatory Exams of Futures Firms Are Coordinated, CFTC Press Release No. 4910–04 (Apr. 7, 2004), available at: https://www.cftc.gov/opa/press04/opa4910– 04.htm. 6 SRO Governance, 69 FR 32,326 (June 9, 2004) and 69 FR 42,971 (July 19, 2004) (extending comment period to Sept. 30, 2004). E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71089-71090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23362]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Petition 
under the United States - Andean Trade Promotion and Drug Eradication 
Act (ATPDEA)

November 21, 2005.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a petition for a 
determination that certain 100 percent cotton, 2 x 2 twill weave, 
flannel fabrics cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the ATPDEA.

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

SUMMARY: On November 18, 2005, the Chairman of CITA received a petition 
from Oxford Industries alleging that 100 percent cotton woven flannel 
fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 X 2 
twill weave construction, weighing not more than 200 grams per square 
meter, classified under subheading 5208.43.00 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 such fabrics, for use in the manufacture of 
shirts, trousers, nightwear, robes and dressing gowns and woven 
underwear in an ATPDEA beneficiary country for export to the United 
States, be eligible for preferential treatment under the ATPDEA. 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 December 12, 2005 to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, 14th and Constitution, NW., Washington, D.C. 
20230.

FOR FURTHER INFORMATION CONTACT: Maria K. Dybczak, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: 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 ATPDEA 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 ATPDEA 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 
ATPDEA beneficiary countries from fabric or yarn that is not formed in 
the United States or a beneficiary country, if it has been determined 
that such fabric or yarn cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. 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's authority to determine whether yarns or 
fabrics cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the ATPDEA has been delegated to 
CITA.
    On November 18, 2005, the Chairman of CITA received a petition from 
Oxford Industries alleging that certain 100 percent cotton woven 
flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 
2 X 2 twill weave construction, weighing not more than 200 grams per 
square meter, classified under HTSUS subheading 5208.43.00, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner and requesting quota- and duty-free treatment under the ATPDEA 
for such fabrics, for use in the manufacture of shirts, trousers, 
nightwear, robes and dressing gowns and woven underwear in an ATPDEA 
beneficiary country for export to the United States.

Specifications:

 
 
 
Fiber Content:                  100% Cotton
Weight:                         not more than 200 grams/square meter
Yarn Number:                    ring spun 21-36 NM
Weave:                          2 x 2 twill woven flannel
Finish:                         Yarn dyed, napped on both sides
 

    The petitioner emphasizes that the construction of the fabrics must 
be exactly or nearly exactly as specified or the fabrics will not be 
suitable for their intended uses.
    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 fabrics in question for purposes of the intended use. Comments 
must be received no later than December 12, 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, NW., 
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 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

[[Page 71090]]

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, NW., 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. 05-23362 Filed 11-22-05; 2:22 pm]
BILLING CODE 3510-DS-S
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