[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Notices]
[Page 18727-18728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap06-46]
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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)
April 7, 2006.
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 blankets made from
acrylic staple fiber.
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SUMMARY: On March 24, 2006 the Chairman of CITA received a request from
Biederlack of America alleging that acrylic staple fiber, not carded,
combed or otherwise processed for spinning, classified in 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 blankets
classified under HTSUS subheading 6301.40 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
May 12, 2006 to the Chairman, Committee for the Implementation of
Textile Agreements, Room 3001, United States Department of Commerce,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Martin J. 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 NAFTA, the member 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 necessary to implement an agreement with one or more NAFTA country
on such a modification. See section 202(q) of the NAFTA Implementation
Act.
[[Page 18728]]
On March 24, 2006 the Chairman of CITA received a request from
Biederlack of America alleging that acrylic staple fiber, not carded,
combed or otherwise processed for spinning, classified in 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 NAFTA
rule of origin for blankets classified under HTSUS subheading 6301.40
should be modified to allow the use of non-North American acrylic
staple fiber. The petitioner requested that the modification be
effective for entries made on or after January 24, 2006, the date they
alleged production of all acrylic fiber that meets their specifications
ended in North America.
CITA is soliciting public comments regarding this request,
particularly with respect to whether acrylic staple fiber can be
supplied by the domestic industry in commercial quantities in a timely
manner. Comments must be received no later than May 12, 2006.
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, NW., Washington, DC 20230.
If a comment alleges that acrylic staple fiber 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.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E6-5405 Filed 4-11-06; 8:45 am]
BILLING CODE 3510-DS-S