[Federal Register Volume 69, Number 20 (Friday, January 30, 2004)]
[Notices]
[Pages 4494-4495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2068]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on Commercial Availability Request
under the African Growth and Opportunity Act (AGOA) and the Andean
Trade Promotion and Drug Eradication Act (ATPDEA)
January 28, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
ACTION: Request for public comments concerning a request for a
determination that two patented fusible interlining fabrics, used in
the construction of waistbands, cannot be supplied by the domestic
industry in commercial quantities in a timely manner under the AGOA and
the ATPDEA.
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SUMMARY: On January 20, 2004, the Chairman of CITA received a petition
from Levi Strauss and Co. alleging that a certain ultra-fine Lycra
crochet material cannot be supplied by the domestic industry in
commercial quantities in a timely manner. The petition requests that
apparel containing waistbands of such fabrics be eligible for
preferential treatment under the AGOA and the ATPDEA. 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
February 17, 2004, to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
14th and Constitution Avenue, N.W. Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Richard Stetson or Martin Walsh,
International Trade Specialists, Office of Textiles and Apparel, U.S.
Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 112(b)(5)(B) of the AGOA; Section 1 of
Executive Order No. 13191 of January 17, 2001; Presidential
Proclamations 7350 of October 4, 2000; 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 AGOA and the ATPDEA provide 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 and the
ATPDEA 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 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
(66 FR 7271) and 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), CITA has
been delegated 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 or the ATPDEA. On March 6, 2001, CITA
published procedures that it will follow in considering requests (66 FR
13502).
On January 20, 2004, the Chairman of CITA received a petition from
Levi Strauss and Co. alleging that certain ultra-fine Lycra crochet
outer-fusible material with a fold line that is knitted into the fabric
and a fine Lycra crochet inner-fusible material with an adhesive
coating that is applied after going through a finishing process to
remove all shrinkage from the product, classified under item
5903.90.2500 of the Harmonized Tariff Schedule of the United States
(HTSUS), for use in apparel articles (waistbands), cannot be supplied
by the domestic industry in commercial quantities in a timely manner
and requesting quota- and duty-free treatment under the AGOA and the
ATPDEA for apparel articles that are both cut and sewn in one or more
AGOA or ATPDEA beneficiary countries utilizing such fabrics.
The two fabrics at issue are:
Fusible Interlining 1 -
An ultra-fine Lycra crochet outer-fusible material with a fold line
that is knitted into the fabric. A patent is pending for this fold-line
fabric.
The fabric is a 45mm wide base substrate, crochet knitted in narrow
width, synthetic fiber based (49% polyester/43% elastane/8% nylon with
a weight of 4.4 oz., a 110/110 stretch and a dull yarn), stretch
elastomeric material with adhesive coating that has the following
characteristics:
(a) The 45mm is divided as follows: 34mm solid followed by a 3mm
seam allowing it to fold over followed by 8mm of solid.
(b) In the length it exhibits excellent stretch and recovery
properties at low extension levels.
[[Page 4495]]
(c) It is delivered pre-shrunk with no potential for relaxation
shrinkage during high temperature washing or fusing and deliveredlap
laid, i.e., tension free adhesion level will be maintained or improved
through garment processing temperatures of up to 350 degrees and dwell
times of 20 minute durations.
(d) The duration and efficacy of the bond will be such that the
adhesive will not become detached from the fabric or base substrate
during industrial washing or in later garment wear or after-care of 50
home washes.
In summary, the desired fabric will be an interlining fabric with the
above properties. The finished interlining fabric is a fabric that has
been coated with an adhesive coating after going through a finishing
process to remove all shrinkage from the product and impart a stretch
to the fabric. This finishing process of imparting stretch to fabrics
is patented, U.S. Patent 5,987,721.
Fusible Interlining 2 -
A fine Lycra crochet inner-fusible material with an adhesive coating
that is applied after going through a finishing process to remove all
shrinkage from the product. (Sample 2) This finishing process
of imparting stretch to fabrics is patented, U.S. Patent 5,987,721.
Specifically, the fabric is a 40mm synthetic fiber based stretch
elastomeric fusible (80% nylon type 6/20% spandex with a weight of 4.4
oz., a 110/110 stretch and a dull yarn), with the following
characteristics:
(a) It is supplied pre-coated with an adhesive that will adhere to
100% cotton and other composition materials such as polyester/cotton
blends during fusing at a temperature of 180 degrees.
(b) The adhesive is of a melt flow index which will not strike back
through the interlining substrate or strike through the fabric to which
it is fused and whose adhesion level will be maintained or improved
through garment processing temperatures of up to 350 degrees and dwell
times of 20 minute durations.
(c) The duration and efficacy of the bond will be such that the
adhesive will not become detached from the fabric or base substrate
during industrial washing or in later garment wear or after-care of 50
home washes.
(d) Delivered on rolls of more than 350 yards or lap laid in boxes.
Both interlining fabrics are classifiable under 5903.90.2500,
HTSUS. The adhesive coating adds approximately 25% - 30% weight to the
fusible interlining 1 and adds approximately 20% - 25% weight to the
fusible interlining 2.
The fusible interlining fabrics are used in the construction of
waistbands in pants, shorts, skirts, and other similar products that
have waistbands.
Fusible interlining 1 reinforces the twill pant fabric and also
exclusively contributes to the ``stretch ability'' of the twill pant
fabric in the waistband area. Fusible interlining 2 is used on the
underside of the waistband lining fabric. This interlining reinforces
the waistband lining, which is made from pocketing-type fabric, and
also exclusively contributes to that fabric's ``stretch ability.'' It
also serves to ``firm up'' the seam area of the waistband lining so
that the fabric will not rip or otherwise be damaged during the
assembly/sewing process.
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 these fabrics for purposes of the intended use. Comments must be
received no later than February 17, 2004. 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 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 fabrics stating that it produces the
fabrics that are 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, N.W.,
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. 04-2068 Filed 1-28-04; 3:11 pm]
BILLING CODE 3510-DR-S