[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]               
[Page 51648-51649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-61]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. Australia FTA-103-021]

 
Viscose Rayon Staple Fiber: Probable Effect of Modification of 
U.S.-Australia Free Trade Agreement Rules of Origin

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation.

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SUMMARY: Following a request received August 14, 2008, from the Office 
of the United States Trade Representative (USTR) under authority 
delegated by the President and pursuant to section 104 of the United 
States-Australia Free Trade Agreement (USAFTA) Implementation Act, the 
U.S. International Trade Commission (Commission) instituted 
Investigation No. Australia FTA-103-021, Viscose Rayon Staple Fiber: 
Probable Effect of Modification of U.S.-Australia Free Trade Agreement 
Rules of Origin.

DATES: September 17, 2008: Deadline for filing all written statements. 
October 23, 2008: Transmittal of Commission report to the Office of the 
United States Trade Representative.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street, SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Project Leaders Jackie Jones (202-205-
3466 or jackie.jones@usitc.gov) or Don Sussman (202-205-3331 or 
donald.sussman@usitc.gov) for information specific to this 
investigation. For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000.
    Background: Chapter 4 and Annex 4-A of the USAFTA contain the rules 
of origin for textiles and apparel for application of the tariff 
provisions of the USAFTA. These rules are set forth for the United 
States in general note 28 to the Harmonized Tariff Schedule (HTS). 
According to the request letter, U.S. negotiators have recently reached 
agreement in principle with representatives of the Government of 
Australia to modify the USAFTA rules of origin for certain yarns 
because it has been determined that U.S. and Australian producers are 
not able to produce viscose rayon staple fiber in commercial quantities 
in a timely manner. Information supplied to the Commission indicates 
that the yarns affected include blends of viscose rayon staple fibers 
with synthetic fibers, e.g., polyester, and with other artificial 
fibers, e.g., acetate. Section 203(o) of the United States-Australia 
Free Trade Agreement Implementation Act (the Act) authorizes the 
President, subject to the consultation and layover requirements of 
section 104 of the Act, to proclaim such modifications to the rules of 
origin as are necessary to implement an agreement with Australia 
pursuant to Article 4.2.5 of the Agreement. One of the requirements set 
out in section 104 of the Act is that the President obtains advice 
regarding the proposed action from the United States International 
Trade Commission.
    The request letter asks that the Commission provide advice on the 
probable effect of the proposed modification of the USAFTA rules of 
origin noted above on U.S. trade under the USAFTA, on total U.S. trade, 
and on domestic producers of the affected articles. As requested, the 
Commission will submit its advice to USTR by

[[Page 51649]]

October 23, 2008, and shortly thereafter will issue a public version of 
the report with any confidential business information deleted. 
Additional information concerning the articles and the proposed 
modifications can be obtained by accessing the electronic version of 
this investigation and the USTR request letter at the Commission 
Internet site (http://www.usitc.gov). The current USAFTA rules of 
origin applicable to U.S. imports can be found in general note 28 of 
the 2008 HTS (see General Notes link at http://www.usitc.gov/tata/hts/
bychapter/index.htm). The HTS subheading affected is 5510.90. All other 
subheadings covered by the current rules of origin would experience no 
change.
    Written Submissions: No public hearing is planned. However, 
interested parties are invited to submit written statements concerning 
this investigation. All written submissions should be addressed to the 
Secretary, and should be received not later than 5:15 p.m., September 
17, 2008. All written submissions must conform to the provisions of 
section 201.8 of the Commission's Rules of Practice and Procedure (19 
CFR 201.8). Section 201.8 requires that a signed original (or a copy so 
designated) and fourteen (14) copies of each document be filed. In the 
event that confidential treatment of a document is requested, at least 
four (4) additional copies must be filed, in which the confidential 
information must be deleted (see the following paragraph for further 
information regarding confidential business information). The 
Commission's rules authorize filing submissions with the Secretary by 
facsimile or electronic means only to the extent permitted by section 
201.8 of the rules (see Handbook for Electronic Filing Procedures, 
http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/
handbook_on_electronic_filing.pdf). Persons with questions regarding 
electronic filing should contact the Secretary (202-205-2000).
    Any submissions that contain confidential business information must 
also conform to the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the confidential or non-
confidential version, and that the confidential business information is 
clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the USTR and the President. As requested by the USTR, the 
Commission will publish a public version of the report. However, in the 
public version, the Commission will not publish confidential business 
information in a manner that would reveal the operations of the firm 
supplying the information.

    Issued: August 28, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-20495 Filed 9-3-08; 8:45 am]

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