[Federal Register: June 2, 2004 (Volume 69, Number 106)]
[Notices]               
[Page 31094-31095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn04-42]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comment on Commercial Availability Request 
under the North American Free Trade Agreement (NAFTA)

May 27, 2004.
AGENCY: The 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 woven fabrics of 
artificial filament yarns containing filament yarns of viscose rayon.

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SUMMARY: On May 14, 2004, the Government of the United States received 
a request from the Government of Mexico alleging that filament yarns of 
viscose rayon, classified under the Harmonized Tariff Schedule of the 
United States (HTSUS) heading 5403, cannot be supplied by the North 
American industry in commercial quantities in a timely manner and 
requesting that the governments of Canada and the United States consult 
to consider whether the NAFTA rule of origin for woven fabrics of 
artificial filament yarn, classified under HTSUS heading 5408 should be 
modified to allow the use of non-North American filaments yarns of 
viscose rayon.
    The President may proclaim a modification to the NAFTA rules of 
origin only after, inter alia, reaching an agreement with the other 
NAFTA countries on the modification. CITA hereby solicits public 
comments on this request, in particular with regard to whether filament 
yarns of viscose rayon can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
July 2, 2004 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: Martin Walsh, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2818.

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 
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 country on such a 
modification.
    On May 14, 2004, the Government of the United States received a 
request from the Government of Mexico alleging that filament yarns of 
viscose rayon classified under HTSUS heading 5403 cannot be supplied by 
North American producers in commercial quantities in a timely manner 
and requesting that the Governments of Canada and the United States 
consult on whether the NAFTA rule of origin for woven fabrics of 
artificial filament yarns, classified under HTSUS heading 5408, should 
be modified to allow the use of non-North American filament yarns of 
viscose rayon.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether filament yarns of viscose rayon, 
classified in HTSUS heading 5403, can be supplied by the domestic 
industry in commercial quantities in a timely manner. Comments must be 
received no later than July 2, 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 filament yarns of viscose rayon 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 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-

[[Page 31095]]

confidential version and a non-confidential summary.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-12547 Filed 5-28-04; 1:32 am]