[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75933-75934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27893]


=======================================================================
-----------------------------------------------------------------------

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)

December 16, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a petition for a 
determination that a certain woven fabric cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA.

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

FOR FURTHER INFORMATION CONTACT: Martin J. Walsh, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2818.
SUMMARY: On December 12, 2004, the Chairman of CITA received a petition 
from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fishman & 
Tobin, alleging that a certain woven fabric, of

[[Page 75934]]

the specifications detailed below, classified in the indicated 
subheadings 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 petitions request that boys' suits, 
trousers, and suit-type jackets or blazers, sizes 2T-20, 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 these petitions, in particular with regard 
to whether this fabric can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
January 4, 2005 to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United States Department of Commerce, 
14th and Constitution, NW., Washington, DC 20230.

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 December 12, 2004, the Chairman of CITA received a petition on 
behalf of Fishman & Tobin alleging that a certain woven fabric, of the 
specifications detailed below, classified in the indicated HTSUS 
subheadings, 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 boys' suits, trousers, and suit-type 
jackets or blazers, sizes 2T-20, that are cut and sewn in one or more 
CBTPA beneficiary countries from such fabrics.

Specifications

    Fabric: Fancy polyester filament fabric.
    HTS Subheading: 5407.53.20.20 & 5407.53.20.60.
    Fiber Content: 100% Polyester.
    Width: 58/60 inches.
    Construction: Plain, twill and satin weaves, in combinations of 
75 denier, 100 denier, 150 denier, and 300 denier yarn sizes, with 
mixes of 25% cationic/75% disperse, 50% cationic/50% disperse, and 
100% cationic.
    Dyeing: Containing at least three different yarns, each of which 
is dyed a different color.

    CITA is soliciting public comments regarding these requests, 
particularly with respect to whether this fabric 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 January 4, 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 this fabric 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, 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. 04-27893 Filed 12-16-04; 2:15 pm]
BILLING CODE 3510-DS-P