[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Notices]
[Pages 27078-27079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12441]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comment on Revised Short Supply Request under 
the African Growth and Opportunity Act (AGOA) and United States-
Caribbean Basin Trade Partnership Act (CBTPA)

May 14, 2001.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a revised request for a 
determination that certain yarns of 55 percent polyester staple fibers 
and 45 percent worsted wool cannot be supplied by the domestic industry 
in commercial quantities in a timely manner.

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FOR FURTHER INFORMATION CONTACT: For Further Information Contact: Lori 
E. Mennitt, International Trade Specialist, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUMMARY: This Federal Register Notice revises and supercedes the 
Federal Register Notice published May 10, 2001 (66 FR 23885), regarding 
a petition to the Chairman of CITA received on May 4, 2001, from 
Stillwater Sales, Inc./Metcalf Bros. and Company. The petitioner 
resubmitted the petition on May 11, 2001 because the original petition 
contained an error in the Harmonized Tariff Schedule of the United 
States (HTSUS) classification of the yarn. The correct HTSUS 
classification is 5509.52.00. The petition alleges that yarns of 55 
percent polyester staple fibers and 45 percent worsted wool, 1, 2, and 
3 ply yarns, in their natural (undyed) state or in their stock dyed 
state (fiber dyed), with 12 to 20 twists per inch, and in sizes of 1/15 
to 1/30, 2/30 to 2/60, and 3/48 to 3/60 worsted count (1/17 to 1/34, 2/
34 to 2/68 and 3/54 to 3/68 metric count), classified in subheading 
5509.52.00 of the HTSUS, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and requests that the 
President proclaim that apparel articles of woven U.S. formed-fabric of 
such yarns be eligible for preferential treatment under the AGOA and 
the CBTPA. CITA hereby solicits public comments on this request, in 
particular with regard to whether these yarns can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be submitted by May 31, 2001 to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, Washington, DC 20230. The new comment period 
reflects the date of the corrected submission.

SUPPLEMENTARY INFORMATION:   

    Authority: Section 112(b)(5)(B) of the AGOA; Section 
213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as 
added by Section 211(a) of the CBTPA; Sections 1 and 6 of Executive 
Order No. 13191 of January 17, 2001.

Background

    The AGOA and the CBTPA provide 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 or a beneficiary country. The AGOA and the CBTPA 
also provide 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 AGOA or CBTPA 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 yarns cannot be supplied by the 
domestic industry in commercial quantities in a timely manner and the 
President has proclaimed such treatment. 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 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 May 4, 2001 the Chairman of CITA received a petition from 
Stillwater Sales, Inc./Metcalf Bros. and Company. The petitioner 
resubmitted the petition on May 11, 2001 because the original petition 
contained an error in the HTSUS classification of the yarn. The correct 
HTSUS classification is 5509.52.00. The petition alleges that yarns of 
55 percent polyester staple fibers and 45 percent worsted wool, 1, 2, 
and 3 ply yarns, in their natural (undyed) state or in their stock dyed 
state (fiber dyed), with 12 to 20 twists per inch, and in sizes of 1/15 
to 1/30, 2/30 to 2/60, and 3/48 to 3/60 worsted count (1/17 to 1/34, 2/
34 to 2/68 and 3/54 to 3/68 metric count), classified in subheading 
5509.52.00 of the HTSUS, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner, and requesting that the 
President proclaim quota- and duty-free treatment under the AGOA and 
the CBTPA for apparel articles that are cut and sewn in one or more 
AGOA or CBTPA beneficiary countries from woven U.S.-formed fabric of 
such yarns.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these yarns 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 these yarns for purposes of the intended use. Comments must be 
received no later than May 31, 2001. 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. The new comment period reflects the date of the corrected 
submission.
    If a comment alleges that these yarns 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 in the subject of the request, including the quantities

[[Page 27079]]

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, N.W., 
Washington, DC 20230. Persons submitting comments on a request are 
encouraged to include a non-confidential version and a non-confidential 
summary.

J. Hayden Boyd,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 01-12441 Filed 5-14-01; 1:59 pm]
BILLING CODE 3510-DR-F