Certain Yarns and Fabrics FY 2009: Effect of Modification of U.S.-Singapore Free Trade Agreement Rules of Origin, 8107-8109 [E9-3804]
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what if any enforcement measures are
appropriate.
2. For purposes of the enforcement
proceeding so instituted, the following
are parties to the proceeding:
Complainants:
INEOS Fluor Holdings Ltd., The Heath,
Runcorn, Cheshire, WA74QX, United
Kingdom;
INEOS Fluor Ltd., The Heath, Runcorn,
Cheshire, WA74QX, United Kingdom;
INEOS Fluor Americas L.L.C., 4990 B
IC1 Road, St. Gabriel, LA 70776.
Respondent:
Sinochem Environmental Protection
Chemicals (Taicang) Co. Ltd., South
Binjiang Road, Petrochemical
Industrial Section, Taicang Port
Development Zone, Taicang, Jiangsu
215433, China.
A Commission investigative attorney
to be designated by the Director, Office
of Unfair Import Investigations.
3. The formal enforcement proceeding
is hereby certified to the chief ALJ,
Chief Judge Paul J. Luckern, who shall
designate a presiding ALJ for this
proceeding for issuance of an
enforcement initial determination
(‘‘EID’’). The presiding ALJ is directed to
set a target date for completion of these
proceedings within forty-five (45) days
of institution in accordance with 19 CFR
210.51(a).
4. The presiding ALJ, in his
discretion, may conduct any
proceedings he deems necessary,
including issuing a protective order,
holding hearings, taking evidence, and
ordering discovery consistent with
Commission rules to issue his EID. The
EID will rule on the question of whether
Sinochem (Taicang) has violated the
September 11, 2008 consent order
issued in the above-captioned
investigation. All defenses not barred by
claim preclusion may be raised in this
proceeding. The presiding ALJ shall also
recommend to the Commission what
enforcement measures are appropriate if
Sinochem (Taicang) is found to violate
the Commission’s consent order. The
presiding ALJ, in his discretion, may
also conduct any proceedings he deems
necessary, including taking evidence
and ordering discovery, to issue his
recommendations on appropriate
enforcement measures.
5. Petitions for review of the EID may
be filed within fourteen (14) days of
service of the EID. Responses to any
petitions for review may be filed within
seven (7) days of service of any petitions
for review.
6. Notwithstanding Commission Rule
210.75(b)(3), the EID shall become the
Commission’s final determination sixty
(60) days after service of the EID, unless
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the Commission orders review or
changes the deadline for determining
whether to review it.
7. The Secretary shall:
(a) Docket INEOS’s complaint for a
formal enforcement proceeding;
(b) Serve a copy of INEOS’s
‘‘Complaint to Enforce Consent Order
Pursuant to Commission Rule 210.75’’
on the proposed respondent and advise
Sinochem (Taicang) of the provisions of
Commission Rule 210.75 concerning
responses to a request for a formal
enforcement proceeding;
(c) Serve a copy of this order upon
each party to the formal enforcement
proceeding;
(d) Publish notice of this order in the
Federal Register.
By Order of the Commission.
Issued: February 18, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–3803 Filed 2–20–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. Singapore FTA–103–22]
Certain Yarns and Fabrics FY 2009:
Effect of Modification of U.S.Singapore Free Trade Agreement
Rules of Origin
AGENCY: United States International
Trade Commission.
ACTION: Institution of investigation.
SUMMARY: Following receipt of a request
on January 28, 2009, from the Office of
the United States Trade Representative
(USTR) under authority delegated by the
President and pursuant to section 103 of
the United States-Singapore Free Trade
Agreement (USSFTA) Implementation
Act, the U.S. International Trade
Commission (Commission) instituted
investigation No. Singapore FTA–103–
22, Certain Yarns and Fabrics FY 2009:
Effect of Modification of U.S.-Singapore
Free Trade Agreement Rules of Origin.
DATES: May 19, 2009: Deadline for filing
all written submissions.
On or before August 28, 2009:
Transmittal of report to the USTR.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street, SW.,
Washington, DC. All written
submissions should be addressed to the
Secretary, United States International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436. The public
record for this investigation may be
PO 00000
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8107
viewed on the Commission’s electronic
docket (EDIS) at https://www.usitc.gov/
secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT:
Project Leaders Jackie Jones (202–205–
3466 or jackie.jones@usitc.gov) or Laura
V. Rodriguez (202–205–3499 or
laura.rodriguez@usitc.gov) for
information specific to this
investigation. For information on the
legal aspects of this investigation,
contact William Gearhart of the
Commission’s Office of the General
Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
Persons with mobility impairments who
will need special assistance in gaining
access to the Commission should
contact the Office of the Secretary at
202–205–2000.
Background: Chapter 3 and Annex 3A of the U.S.-Singapore FTA set out
rules of origin for textiles and apparel
for applying the tariff provisions of the
USSFTA. These rules are reflected in
General Note 25 of the Harmonized
Tariff Schedule (HTS). According to the
request letter from USTR, U.S.
negotiators have recently reached
agreement in principle with
representatives of the Government of
Singapore to modify the USSFTA rules
of origin for certain yarns and fabrics
because it has been determined that
producers in the United States and
Singapore are not able to manufacture
these products in commercial quantities
in a timely manner. The products
covered by this request are listed in the
appendix that follows.
Section 203(o)(2)(B)(i) of the United
States-Singapore Free Trade Agreement
Implementation Act (the Act) authorizes
the President, subject to the
consultation and layover requirements
of section 103 of the Act, to proclaim
such modifications to the rules of origin
as are necessary to implement an
agreement with Singapore pursuant to
Article 3.18.4(c) of the Agreement. One
of the requirements set out in section
103 of the Act is that the President
obtain advice regarding the proposed
action from the Commission. The
request letter asks that the Commission
provide advice on the probable effect of
the proposed modification of the
USSFTA rules of origin described above
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Federal Register / Vol. 74, No. 34 / Monday, February 23, 2009 / Notices
on U.S. trade under the USSFTA, on
total U.S. trade, and on domestic
producers of the affected articles. The
USTR asked that the Commission
submit its advice to USTR by August 28,
2009, and that the Commission shortly
thereafter issue a public version of the
report with any confidential business
information deleted.
Additional information concerning
the articles and the proposed
modifications can be obtained by
accessing the electronic version of this
investigation notice at the Commission
Internet site (https://www.usitc.gov). The
USTR request letter may be obtained at
https://www.usitc.gov/ind_econ_ana/
research_ana/Ongoing_Inv/documents/
103reqlwt.pdf. The current USSFTA
rules of origin applicable to U.S.
imports can be found in general note 25
of the HTS (see ‘‘General Notes’’ link at
https://www.usitc.gov/tata/hts/
bychapter/index.htm).
Written Submissions: No public
hearing is planned. However, interested
parties are invited to submit written
submissions concerning this
investigation. All written submissions
should be addressed to the Secretary at
the earliest possible date, and should be
received not later than 5:15 p.m., May
19, 2009. All written submissions must
conform to the provisions of section
201.8 of the Commission’s Rules of
Practice and Procedure (19 CFR 201.8).
Section 201.8 requires that a signed
original (or a copy so designated) and
fourteen (14) copies of each document
be filed. In the event that confidential
treatment of a document is requested, at
least four (4) additional copies must be
filed, in which the confidential
information must be deleted (see the
following paragraph for further
information regarding confidential
business information). The
Commission’s rules authorize filing
submissions with the Secretary by
facsimile or electronic means only to the
extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any submissions that contain
confidential business information must
also conform to the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
Aconfidential@ or Anon-confidential@
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16:31 Feb 20, 2009
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version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
The Commission may include some or
all of the confidential business
information submitted in the course of
this investigation in the report it sends
to the USTR and the President. As
requested by the USTR, the Commission
will publish a public version of the
report. However, in the public version,
the Commission will not publish
confidential business information in a
manner that would reveal the operations
of the firm supplying the information.
By order of the Commission.
Issued: February 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
Appendix
Proposals Under Paragraph 4 of Article 3.18
of the U.S.-Singapore Free Trade Agreement
(USSFTA)
The products covered by this request are:
(1) Certain viscose rayon filament yarns, of
the specifications detailed below, classified
in subheading 5403.10.60 1 of the
Harmonized Tariff Schedule of the United
States (HTSUS), for use in apparel articles;
Specifications:
1. Viscose Filament Yarn; DTEX 166/40
Bright Centrifugal; Tenacity, cN/tex,
min.—142.0; Elongation at rupture, %—
18.0–24.0; Elongation at rupture variation
factory, % max.—8.1; Twist direction—S.
2. Viscose Filament Yarn; DTEX 330/60
Bright Centrifugal; Tenacity, cN/tex,
min.—142.0; Elongation at rupture, %—
18.0–24.0; Elongation at rupture variation
factor, % max.—8.1; Twist direction—S.
(2) Certain fabrics, classified in subheading
5210.11 of the Harmonized Tariff Schedule of
the United States (HTSUS), not of square
construction, containing more than 70 warp
ends and filling picks per square centimeter,
of average yarn number exceeding 70 metric,
used in the production of women’s and girls’
blouses;
(3) Certain combed compact yarns, of wool
or fine animal hair, classified in subheadings
5107.10, 5107.20, or 5108.20 of (HTSUS), for
use in apparel articles;
(4) 100 percent cotton yarn-dyed woven
flannel fabrics, made from 14 through 41 NM
single ring-spun yarns, classified in
5208.43.00 of the (HTSUS), of construction 2
X 1 twill weave, weighing 200 grams per
square meter or less, for use in apparel
articles excluding gloves;
(5) Certain woven, 100 percent cotton,
flannel fabrics, of the specifications detailed
1 Singapore’s original request indicated that the
HTS product classification for this product was
5403.41.0000. The U.S. and Singapore have
subsequently agreed that the correct product
classification is 5403.10.60.
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below, classified in the indicated
subheadings of the (HTSUS), for use in shirts,
trousers, nightwear, robes, dressing gowns,
and woven underwear:
Specifications:
Fabric 1
HTS Subheading: 5208.42.30.00
Fiber Content: 100% Cotton
Weight: 152.6 g/m 2
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per
centimeter; 15.7 filling picks per centimeter;
total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 20.3 metric, open end spun;
overall average yarn number: 39.4 metric
Finish: Of yarns of different colors; napped
on both sides, sanforized
Fabric 2
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m 2
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per
centimeter; 17.3 filling picks per centimeter;
total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 24.1 metric
Finish: Of yarns of different colors; napped
on both sides, sanforized
Fabric 3
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m 2
Width: 160 centimeters cuttable
Thread Count: 20.1 warp ends per
centimeter; 16.5 filling picks per centimeter;
total: 36.6 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring
spun; filling: 10.16 metric, open end spun;
overall average yarn number: 23.3 metric
Finish: Of yarns of different colors; napped
on both sides, sanforized
(6) Certain woven, 100 percent cotton,
flannel fabrics, of the specifications detailed
below, classified in the indicated
subheadings of the (HTSUS), for use in shirts,
trousers, nightwear, robes, dressing gowns,
and woven underwear:
Specifications:
Fabric 1:
HTS Subheading: 5208.32.30.40
Fiber Content: 100% Cotton
Weight: 152.6 g/m 2
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per
centimeter; 15.7 filling picks per centimeter;
total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 20.3 metric, open end spun;
overall average yarn number: 39.4 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 2:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 251 g/m 2
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per
centimeter; 15 filling picks per centimeter;
total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 24.1 metric
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Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 3:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 203 g/m 2
Width: 150 centimeters cuttable
Thread Count: 20.5 warp ends per
centimeter; 17.3 filling picks per centimeter;
total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 13.5 metric, open end spun;
overall average yarn number: 27.9 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 4:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m 2
Width: 160 centimeters cuttable
Thread Count: 23.2 warp ends per
centimeter; 15 filling picks per centimeter;
total: 38.2 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 20.1 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 5:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m 2
Width: 160 centimeters cuttable
Thread Count: 26.8 warp ends per
centimeter; 16.5 filling picks per centimeter;
total: 43.3 threads per square centimeter
Yarn Number: Warp: 25.46 metric, ring
spun; filling: 10.16 metric, open end spun;
overall average yarn number: 23.8 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 6:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 254 g/m 2
Width: 160 centimeters cuttable
Thread Count: 20 warp ends per
centimeter; 14.5 filling picks per centimeter;
total: 34.5 threads per square centimeter
Yarn Number: Warp: 28.8 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 20.1 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 7:
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m 2
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per
centimeter; 15 filling picks per centimeter;
total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 24.1 metric
Finish: Gingham check or plaid of yarns of
different colors; napped on both sides,
sanforized
Fabric 8: Style 4245
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m 2
Width: 160 centimeters cuttable
Thread Count: 19.7 warp ends per
centimeter; 11.8 filling picks per centimeter;
total: 31.5 threads per square centimeter
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Yarn Number: Warp: 20.3 metric, ring
spun; filling: 8.46 metric, open end spun;
overall average yarn number: 20.1 metric
Finish: Plaid of yarns of different colors;
napped on both sides, sanforized
(7) Certain woven, 100 percent cotton,
napped fabrics, of the specifications detailed
below, classified in subheading
5209.31.60.50 of the (HTSUS), for use in
shirts, trousers, nightwear, robes, dressing
gowns, and woven underwear:
Specifications:
Fabric 1
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m 2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per
centimeter; 16.53 filling picks per centimeter;
total: 40.94 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring
spun; filling: 10.16 metric, open end spun;
overall average yarn number: 14.04 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
Fabric 2
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 305 g/m 2
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per
centimeter; 18.11 filling picks per centimeter;
total: 42.52 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring
spun; filling: 10.16 metric, open end spun;
overall average yarn number: 13.95 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
(8) Certain woven, 100 percent cotton,
double-napped flannel fabric, of
specifications detailed below, classified in
HTSUS subheading 5209.31.6050, for use in
shirts, trousers, nightwear, robes, dressing
gowns, and woven underwear:
Specifications:
HTS Subheading: 5209.31.6050
Fiber Content: 100% Cotton
Weight: 203 g/m 2
Width: 150 centimeters cuttable
Thread Count: 21 warp ends per
centimeter; 18 filling picks per centimeter;
total: 39 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring
spun; filling: 13.54 metric, open end spun;
overall average yarn number: 19.2 metric
Finish: (Piece) dyed; napped on both sides,
sanforized
[FR Doc. E9–3804 Filed 2–20–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Comprehensive
Environmental Response
Compensation and Liability Act
(‘‘CERCLA’’)
Notice is hereby given that on
February 11, 2009, a proposed Consent
Decree in United States v. Bristol Myers
Squibb Company, et al., CIV No. 09-cv-
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8109
0161 (N.D.N.Y.) was lodged with the
United States District Court for the
Northern District of New York.
The proposed Consent Decree is
between the United States on behalf of
the United States Environmental
Protection Agency (‘‘EPA’’) and BristolMyers Squibb Company, General
Electric Company, International
Business Machines Corporation, and
Pass & Seymour, Inc. (Settling
Defendants). The proposed Consent
Decree resolves claims against the
Settling Defendants under Sections 106,
107, and 113 of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (‘‘CERCLA’’), 42 U.S.C. 9606,
9607, 9613 related to the Solvent Savers
Superfund Site in Lincklaen, Chenango
County, New York. Under the proposed
Consent Decree, the Settling Defendants
agree to design, construct and operate
groundwater remedies for the Site,
estimated to cost $9.9 million, and a soil
remedy including treatment of VOC’s
and PCBs for an estimated $4.9 million,
and to pay EPA’s future oversight costs.
In return, the Decree provides the
Settling Defendants with a covenant not
to sue under CERCLA §§ 106 and 107(a)
for the performance and costs of this
work and for oversight costs.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Bristol Myers Squibb Company,
(N.D.N.Y.) No. 09-cv-0161, D.J. Ref. 90–
11–3–704/1.
The Consent Decree may be examined
at the Office of the United States
Attorney, Northen District of New York,
Suite 900, 100 S. Clinton St., Syracuse,
NY 13261–7198 and at the
Environmental Protection Agency,
Region 2, Office of Regional Counsel,
290 Broadway, New York, New York
10007–1866. During the public
comment period, the Consent Decree,
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
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Agencies
[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8107-8109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3804]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. Singapore FTA-103-22]
Certain Yarns and Fabrics FY 2009: Effect of Modification of
U.S.-Singapore Free Trade Agreement Rules of Origin
AGENCY: United States International Trade Commission.
ACTION: Institution of investigation.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a request on January 28, 2009, from the
Office of the United States Trade Representative (USTR) under authority
delegated by the President and pursuant to section 103 of the United
States-Singapore Free Trade Agreement (USSFTA) Implementation Act, the
U.S. International Trade Commission (Commission) instituted
investigation No. Singapore FTA-103-22, Certain Yarns and Fabrics FY
2009: Effect of Modification of U.S.-Singapore Free Trade Agreement
Rules of Origin.
DATES: May 19, 2009: Deadline for filing all written submissions.
On or before August 28, 2009: Transmittal of report to the USTR.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the United States International Trade Commission
Building, 500 E Street, SW., Washington, DC. All written submissions
should be addressed to the Secretary, United States International Trade
Commission, 500 E Street, SW., Washington, DC 20436. The public record
for this investigation may be viewed on the Commission's electronic
docket (EDIS) at https://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Project Leaders Jackie Jones (202-205-
3466 or jackie.jones@usitc.gov) or Laura V. Rodriguez (202-205-3499 or
laura.rodriguez@usitc.gov) for information specific to this
investigation. For information on the legal aspects of this
investigation, contact William Gearhart of the Commission's Office of
the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The
media should contact Margaret O'Laughlin, Office of External Relations
(202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired
individuals may obtain information on this matter by contacting the
Commission's TDD terminal at 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (https://www.usitc.gov). Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
Background: Chapter 3 and Annex 3-A of the U.S.-Singapore FTA set
out rules of origin for textiles and apparel for applying the tariff
provisions of the USSFTA. These rules are reflected in General Note 25
of the Harmonized Tariff Schedule (HTS). According to the request
letter from USTR, U.S. negotiators have recently reached agreement in
principle with representatives of the Government of Singapore to modify
the USSFTA rules of origin for certain yarns and fabrics because it has
been determined that producers in the United States and Singapore are
not able to manufacture these products in commercial quantities in a
timely manner. The products covered by this request are listed in the
appendix that follows.
Section 203(o)(2)(B)(i) of the United States-Singapore Free Trade
Agreement Implementation Act (the Act) authorizes the President,
subject to the consultation and layover requirements of section 103 of
the Act, to proclaim such modifications to the rules of origin as are
necessary to implement an agreement with Singapore pursuant to Article
3.18.4(c) of the Agreement. One of the requirements set out in section
103 of the Act is that the President obtain advice regarding the
proposed action from the Commission. The request letter asks that the
Commission provide advice on the probable effect of the proposed
modification of the USSFTA rules of origin described above
[[Page 8108]]
on U.S. trade under the USSFTA, on total U.S. trade, and on domestic
producers of the affected articles. The USTR asked that the Commission
submit its advice to USTR by August 28, 2009, and that the Commission
shortly thereafter issue a public version of the report with any
confidential business information deleted.
Additional information concerning the articles and the proposed
modifications can be obtained by accessing the electronic version of
this investigation notice at the Commission Internet site (https://
www.usitc.gov). The USTR request letter may be obtained at https://
www.usitc.gov/ind_econ_ana/research_ana/Ongoing_Inv/documents/
103reqlwt.pdf. The current USSFTA rules of origin applicable to U.S.
imports can be found in general note 25 of the HTS (see ``General
Notes'' link at https://www.usitc.gov/tata/hts/bychapter/index.htm).
Written Submissions: No public hearing is planned. However,
interested parties are invited to submit written submissions concerning
this investigation. All written submissions should be addressed to the
Secretary at the earliest possible date, and should be received not
later than 5:15 p.m., May 19, 2009. All written submissions must
conform to the provisions of section 201.8 of the Commission's Rules of
Practice and Procedure (19 CFR 201.8). Section 201.8 requires that a
signed original (or a copy so designated) and fourteen (14) copies of
each document be filed. In the event that confidential treatment of a
document is requested, at least four (4) additional copies must be
filed, in which the confidential information must be deleted (see the
following paragraph for further information regarding confidential
business information). The Commission's rules authorize filing
submissions with the Secretary by facsimile or electronic means only to
the extent permitted by section 201.8 of the rules (see Handbook for
Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_
notices/rules/documents/handbook_on_electronic_filing.pdf). Persons
with questions regarding electronic filing should contact the Secretary
(202-205-2000).
Any submissions that contain confidential business information must
also conform to the requirements of section 201.6 of the Commission's
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the
rules requires that the cover of the document and the individual pages
be clearly marked as to whether they are the Aconfidential@ or Anon-
confidential@ version, and that the confidential business information
is clearly identified by means of brackets. All written submissions,
except for confidential business information, will be made available
for inspection by interested parties.
The Commission may include some or all of the confidential business
information submitted in the course of this investigation in the report
it sends to the USTR and the President. As requested by the USTR, the
Commission will publish a public version of the report. However, in the
public version, the Commission will not publish confidential business
information in a manner that would reveal the operations of the firm
supplying the information.
By order of the Commission.
Issued: February 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
Appendix
Proposals Under Paragraph 4 of Article 3.18 of the U.S.-Singapore Free
Trade Agreement (USSFTA)
The products covered by this request are:
(1) Certain viscose rayon filament yarns, of the specifications
detailed below, classified in subheading 5403.10.60 \1\ of the
Harmonized Tariff Schedule of the United States (HTSUS), for use in
apparel articles;
---------------------------------------------------------------------------
\1\ Singapore's original request indicated that the HTS product
classification for this product was 5403.41.0000. The U.S. and
Singapore have subsequently agreed that the correct product
classification is 5403.10.60.
---------------------------------------------------------------------------
Specifications:
1. Viscose Filament Yarn; DTEX 166/40 Bright Centrifugal; Tenacity,
cN/tex, min.--142.0; Elongation at rupture, %--18.0-24.0; Elongation
at rupture variation factory, % max.--8.1; Twist direction--S.
2. Viscose Filament Yarn; DTEX 330/60 Bright Centrifugal; Tenacity,
cN/tex, min.--142.0; Elongation at rupture, %--18.0-24.0; Elongation
at rupture variation factor, % max.--8.1; Twist direction--S.
(2) Certain fabrics, classified in subheading 5210.11 of the
Harmonized Tariff Schedule of the United States (HTSUS), not of
square construction, containing more than 70 warp ends and filling
picks per square centimeter, of average yarn number exceeding 70
metric, used in the production of women's and girls' blouses;
(3) Certain combed compact yarns, of wool or fine animal hair,
classified in subheadings 5107.10, 5107.20, or 5108.20 of (HTSUS),
for use in apparel articles;
(4) 100 percent cotton yarn-dyed woven flannel fabrics, made
from 14 through 41 NM single ring-spun yarns, classified in
5208.43.00 of the (HTSUS), of construction 2 X 1 twill weave,
weighing 200 grams per square meter or less, for use in apparel
articles excluding gloves;
(5) Certain woven, 100 percent cotton, flannel fabrics, of the
specifications detailed below, classified in the indicated
subheadings of the (HTSUS), for use in shirts, trousers, nightwear,
robes, dressing gowns, and woven underwear:
Specifications:
Fabric 1
HTS Subheading: 5208.42.30.00
Fiber Content: 100% Cotton
Weight: 152.6 g/m \2\
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per centimeter; 15.7 filling picks
per centimeter; total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 20.3 metric,
open end spun; overall average yarn number: 39.4 metric
Finish: Of yarns of different colors; napped on both sides,
sanforized
Fabric 2
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per centimeter; 17.3 filling picks
per centimeter; total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric,
open end spun; overall average yarn number: 24.1 metric
Finish: Of yarns of different colors; napped on both sides,
sanforized
Fabric 3
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 20.1 warp ends per centimeter; 16.5 filling picks
per centimeter; total: 36.6 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring spun; filling: 10.16
metric, open end spun; overall average yarn number: 23.3 metric
Finish: Of yarns of different colors; napped on both sides,
sanforized
(6) Certain woven, 100 percent cotton, flannel fabrics, of the
specifications detailed below, classified in the indicated
subheadings of the (HTSUS), for use in shirts, trousers, nightwear,
robes, dressing gowns, and woven underwear:
Specifications:
Fabric 1:
HTS Subheading: 5208.32.30.40
Fiber Content: 100% Cotton
Weight: 152.6 g/m \2\
Width: 150 centimeters cuttable
Thread Count: 24.4 warp ends per centimeter; 15.7 filling picks
per centimeter; total: 40.1 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 20.3 metric,
open end spun; overall average yarn number: 39.4 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 2:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 251 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per centimeter; 15 filling picks
per centimeter; total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric,
open end spun; overall average yarn number: 24.1 metric
[[Page 8109]]
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 3:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 203 g/m \2\
Width: 150 centimeters cuttable
Thread Count: 20.5 warp ends per centimeter; 17.3 filling picks
per centimeter; total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 13.5 metric,
open end spun; overall average yarn number: 27.9 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 4:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 23.2 warp ends per centimeter; 15 filling picks
per centimeter; total: 38.2 threads per square centimeter
Yarn Number: Warp: 27.07 metric, ring spun; filling: 8.46
metric, open end spun; overall average yarn number: 20.1 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 5:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 26.8 warp ends per centimeter; 16.5 filling picks
per centimeter; total: 43.3 threads per square centimeter
Yarn Number: Warp: 25.46 metric, ring spun; filling: 10.16
metric, open end spun; overall average yarn number: 23.8 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 6:
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 254 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 20 warp ends per centimeter; 14.5 filling picks
per centimeter; total: 34.5 threads per square centimeter
Yarn Number: Warp: 28.8 metric, ring spun; filling: 8.46 metric,
open end spun; overall average yarn number: 20.1 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 7:
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 22.8 warp ends per centimeter; 15 filling picks
per centimeter; total: 37.8 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric,
open end spun; overall average yarn number: 24.1 metric
Finish: Gingham check or plaid of yarns of different colors;
napped on both sides, sanforized
Fabric 8: Style 4245
HTS Subheading: 5209.41.60.40
Fiber Content: 100% Cotton
Weight: 251 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 19.7 warp ends per centimeter; 11.8 filling picks
per centimeter; total: 31.5 threads per square centimeter
Yarn Number: Warp: 20.3 metric, ring spun; filling: 8.46 metric,
open end spun; overall average yarn number: 20.1 metric
Finish: Plaid of yarns of different colors; napped on both
sides, sanforized
(7) Certain woven, 100 percent cotton, napped fabrics, of the
specifications detailed below, classified in subheading
5209.31.60.50 of the (HTSUS), for use in shirts, trousers,
nightwear, robes, dressing gowns, and woven underwear:
Specifications:
Fabric 1
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 291.5 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 16.53 filling
picks per centimeter; total: 40.94 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling: 10.16
metric, open end spun; overall average yarn number: 14.04 metric
Finish: (Piece) dyed; napped on both sides, sanforized
Fabric 2
HTS Subheading: 5209.31.60.50
Fiber Content: 100% Cotton
Weight: 305 g/m \2\
Width: 160 centimeters cuttable
Thread Count: 24.41 warp ends per centimeter; 18.11 filling
picks per centimeter; total: 42.52 threads per square centimeter
Yarn Number: Warp: 25.4 metric, ring spun; filling: 10.16
metric, open end spun; overall average yarn number: 13.95 metric
Finish: (Piece) dyed; napped on both sides, sanforized
(8) Certain woven, 100 percent cotton, double-napped flannel
fabric, of specifications detailed below, classified in HTSUS
subheading 5209.31.6050, for use in shirts, trousers, nightwear,
robes, dressing gowns, and woven underwear:
Specifications:
HTS Subheading: 5209.31.6050
Fiber Content: 100% Cotton
Weight: 203 g/m \2\
Width: 150 centimeters cuttable
Thread Count: 21 warp ends per centimeter; 18 filling picks per
centimeter; total: 39 threads per square centimeter
Yarn Number: Warp: 40.6 metric, ring spun; filling: 13.54
metric, open end spun; overall average yarn number: 19.2 metric
Finish: (Piece) dyed; napped on both sides, sanforized
[FR Doc. E9-3804 Filed 2-20-09; 8:45 am]
BILLING CODE 7020-02-P