[Federal Register: July 24, 2002 (Volume 67, Number 142)]
[Notices]               
[Page 48448-48449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy02-41]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comment on Short Supply Petition under the 
North American Free Trade Agreement (NAFTA)

July 17, 2002.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for Public Comments concerning a request for 
modification of the NAFTA rules of origin for certain acrylic yarn made 
from synthetic acid-dyeable acrylic tow.

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SUMMARY: On July 2, 2002, the Chairman of CITA received a request from 
National Spinning Company, Incorporated (New York, NY) alleging that 
certain synthetic acid-dyeable acrylic tow, classified under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 5501.30, cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner and requesting that CITA consider whether the NAFTA rule 
of origin for acrylic yarn classified under HTSUS 5509.31 should be 
modified to allow the use of non-North American tow of the type 
described above.
    The President may proclaim a modification to the NAFTA rules of 
origin only after reaching agreement with the other NAFTA countries on 
the modification. CITA hereby solicits public comments on this request, 
in particular with regard to whether the acrylic tow described above 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be submitted by August 23, 2002 to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
3001, United States Department of Commerce, Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 USC 1854); Section 202(q) of the North American Free 
Trade Agreement Implementation Act (19 USC 3332(q)); Executive Order 
11651 of March 3, 1972, as amended.

BACKGROUND:

    Under the North American Free Trade Agreement (NAFTA), NAFTA 
countries are required to eliminate customs duties on textile and 
apparel goods that qualify as originating goods under the NAFTA rules 
of origin, which are set out in Annex 401 to the NAFTA. The NAFTA 
provides that the rules of origin for textile and apparel products may 
be amended through a subsequent agreement by the NAFTA countries. In 
consultations regarding such a change, the NAFTA countries are to 
consider issues of availability of supply of fibers, yarns, or fabrics 
in the free trade area and whether domestic producers are capable of 
supplying commercial quantities of the good in a timely manner. The 
Statement of Administrative Action (SAA) that accompanied the NAFTA 
Implementation Act stated that any interested person may submit to CITA 
a request for a modification to a particular rule of origin based on a 
change in the availability in North America of a particular fiber, yarn 
or fabric and that the requesting party would bear the burden of 
demonstrating that a change is warranted. The SAA provides that CITA 
may make a recommendation to the President regarding a change to a rule 
of origin for a textile or apparel good. The NAFTA Implementation Act 
provides the President with the authority to proclaim modifications to 
the NAFTA rules of origin as are necessary to implement an agreement 
with one or more NAFTA countries on such a modification.
    On July 2,2002 the Chairman of CITA received a request from 
National Spinning Company, Incorporated (New York, NY) alleging that 
certain synthetic acid-dyeable acrylic tow, classified under HTSUS 
subheading 5501.30, cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and requesting that CITA 
consider whether the NAFTA rule of origin for acrylic yarn classified 
under HTSUS 5509.31 should be modified to allow the use of non-North 
American tow of the type described above.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the acid-dyeable acrylic tow, 
classified in HTSUS heading 5501.30, can be supplied by the domestic 
industry in commercial quantities in a timely manner. The request 
states that National Spinning Company, Incorporated has contacted known 
North American suppliers of acrylic tow and was unable to locate a 
supplier who produced acid-dyeable acrylic tow in commercial quantities 
in a timely manner. Comments must be received no later than August 23, 
2002. 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 the acid-dyeable acrylic tow 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 tow stating that it 
produces the tow that is in 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

[[Page 48449]]

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.02-18555 Filed 7-23-02; 8:45 am]
BILLING CODE 3510-DR-S