69524 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

to maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. 

Dated: November 9, 2005. 

Susan K. Brown, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Office of Data 

Architecture and Services, Data 

Administration Division. 

[FR Doc. 05–22717 Filed 11–15–05; 8:45 am] 

BILLING CODE 3510–16–P 

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. 

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 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, N.W., Washington, DC 20230. 

Persons submitting comments on a 

request are encouraged to include a nonconfidential version and a nonconfidential 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