[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Notices]
[Page 62222-62223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-36]
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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)
October 29, 2007.
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 knit pile fabric made
from acrylic staple fiber.
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SUMMARY: On October 29, 2007, the Chairman of CITA received a request
from Monterey Mills, alleging that certain acrylic staple fibers, not
carded, combed or otherwise processed for spinning, classified under
subheading 5503.30 of the Harmonized Tariff Schedule of the United
States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner and requesting that CITA
consider whether the North American Free Trade Agreement (NAFTA) rule
of origin for knit pile fabrics, classified under HTSUS subheading
6001.10, should be modified to allow the use of non-North American
acrylic staple fiber. The President may proclaim a modification to the
NAFTA rules of origin only after 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 acrylic
staple fiber of HTSUS subheading 5503.30 can be supplied by the
domestic industry in commercial quantities in a timely manner. Comments
must be submitted by December 3, 2007 to the Chairman, Committee for
the Implementation of Textile Agreements, Room 3001, United States
Department of Commerce, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Robert Carrigg, 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. See
Section 202(q) of the NAFTA Implementation Act. 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. NAFTA Implementation Act, SAA, H. Doc. 103-159,
Vol. 1, at 491 (1993). 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. SAA at 491. The NAFTA Implementation Act
provides the President with the authority to proclaim modifications to
the NAFTA rules of origin as are
[[Page 62223]]
necessary to implement an agreement with one or more NAFTA country on
such a modification. See section 202(q) of the NAFTA Implementation
Act.
On October 29, 2007, the Chairman of CITA received a request from
Monterey Mills, alleging that certain acrylic staple fibers, not
carded, combed or otherwise processed for spinning, classified under
subheading 5503.30 of the Harmonized Tariff Schedule of the United
States (HTSUS), cannot be supplied by the domestic industry in
commercial quantities in a timely manner and requesting that CITA
consider whether the North American Free Trade Agreement (NAFTA) rule
of origin for knit pile fabrics, classified under HTSUS subheading
6001.10, should be modified to allow the use of non-North American
acrylic staple fiber.
CITA is soliciting public comments regarding this request,
particularly with respect to whether the acrylic staple fiber described
above can be supplied by the domestic industry in commercial quantities
in a timely manner. Comments must be received no later than December 3,
2007. 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 acrylic staple fibers 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 stating that it produces fiber
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 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.
R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E7-21627 Filed 11-1-07; 8:45 am]