[Federal Register: August 20, 2003 (Volume 68, Number 161)]
[Notices]
[Page 50126-50127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au03-35]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comment on Commercial Availability Petition
under the North American Free Trade Agreement (NAFTA)
August 14, 2003.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for Public Comments concerning a petition for
modification of the NAFTA rules of origin for products made from
certain yarns of cashmere and of camel hair.
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FOR FURTHER INFORMATION CONTACT: Martin Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
Summary
On July 10, 2003, the Chairman of CITA received a petition from
Amicale Industries, Inc. alleging that certain yarns of carded cashmere
or of carded camel hair, classified in heading 5108.10.60 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 the President proclaim a modification of the
NAFTA rules of origin. Amicale requests that the NAFTA rules of origin
for woven fabrics of subheadings 5111.11 and 5111.19, and for apparel
of subheadings 6201.11, 6202.11, 6203.11, 6204.11 and 6204.31 be
modified to all for use of non-North American yarn of subheading
5108.10.60. Such a proclamation may be made only after reaching
agreement with the other NAFTA countries on the modification. CITA
hereby solicits public comments on this petition, in particular with
regard to whether cashmere and camel hair yarn can be supplied by the
domestic industry in commercial quantities in a timely manner. Te be
ensured full consideration, comments must be submitted by September 19,
2003 to the Chairman, Committee for the Implementation of Textile
Agreements, Room 3001, United States Department of Commerce,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Authority: Section 204 of the Agricultural Act of 1956, as
amended (7 U.S.C. 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
[[Page 50127]]
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 country on such a
modification.
On July 10, 2003, the Chairman of CITA received a petition from
Amicale Industries, Inc. alleging that certain yarns of carded cashmere
or of carded camel hair, classified in HTSUS heading 5108.10.60, cannot
be supplied by the domestic industry in commercial quantities in a
timely manner and requesting that the President proclaim a modification
of the NAFTA rules of origin. The referenced yarns would be used to
produce woven fabrics classified in HTS subheadings 5111.11 and 5111.19
for use in suits, coats and suit-type jackets classified under HTS
subheadings 6201.11, 6202.11, 6203.11, 6203.31, 6204.11 and 6204.31.
Such a proclamation may be made only after reaching agreement with the
other NAFTA countries on the modification
CITA is soliciting public comments regarding this request,
particularly with respect to whether the yarns of cashmere or of camel
hair described above, classified in HTSUS heading 5108.10.60, can be
supplied by the domestic industry in commercial quantities in a timely
manner. The petition states that potential North American suppliers of
the referenced yarns would be required to deliver them within 21 days
of receipt of a purchase order. To ensure full consideration, comments
must be received no later than September 19, 2003. 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 yarns of carded cashmere or of carded
camel hair 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, NW.,
Washington, DC 20230. Persons submitting comments on a request are
encouraged to include a non-confidential version and a non-confidential
summary.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc.03-21285 Filed 8-19-03; 8:45 am]