[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Notices]
[Page 57434-57435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-52]
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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)
September 29, 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 gimped yarn made from
certain filament yarn of nylon.
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FOR FURTHER INFORMATION CONTACT: Martin Walsh, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2818.
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.
SUMMARY:
On September 15, 2003 the Chairman of CITA received a petition from
Unifi, Inc. (Unifi). alleging that certain untextured (flat) yarns of
nylon classified under subheading 5402.41.90 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. The yarns are described as (1) of nylon, 7 denier/5
filament nylon 66 untextured (flat) semi-dull yarn; multifilament,
untwisted or with a twist not exceeding 50 turns/m. (2) of nylon, 10
denier/7 filament nylon 66 untextured (flat) semi-dull yarn;
multifilament, untwisted or with a twist not exceeding 50 turns/m. (3)
of nylon, 12 denier/5 filament nylon 66 untextured (flat) semi-dull
yarn; multifilament, untwisted or with a twist not exceeding 50 turns/
m.
[[Page 57435]]
Unifi requests the NAFTA rules of origin for gimped yarns
classified under subheading 5606.00 of the HTSUS be modified to allow
the use of non-North American yarns of the type described above.
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
the nylon yarns described above can be supplied by the domestic
industry in commercial quantities in a timely manner. Comments must be
submitted by November 3, 2003 to the Chairman, Committee for the
Implementation of Textile Agreements, Room 3001, United States
Department of Commerce, Washington, D.C. 20230.
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 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 September 15, 2003 the Chairman of CITA received a petition from
Unifi, Inc. (Unifi). alleging that certain untextured (flat) yarns of
nylon classified under subheading 5402.41.90 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. The yarns are described as (1) of nylon 7 denier/5
filament nylon 66 untextured (flat) semi-dull yarn; multifilament,
untwisted or with a twist not exceeding 50 turns/m/10 denier/ (2) of
nylon, 7 filament nylon 66 untextured (flat) semi-dull yarn;
multifilament, untwisted or with a twist not exceeding 50/turns/m. (3)
of nylon, 12 denier/5 filament nylon 66 untextured (flat) semi-dull
yarn; multifilament, etc. Unifi uses these yarns in producing their
gimped yarn, classified under 5606.00 of the HTSUS.
CITA is soliciting public comments regarding this request,
particularly with respect to whether the filament yarn of nylon,
classified in HTSUS heading 5402.41.90, can be supplied by the domestic
industry in commercial quantities in a timely manner. The petition
states that Unifi has contacted known North American suppliers of these
yarns and was unable to locate a supplier who produced the yarns in
commercial quantities in a timely manner. Comments must be received no
later than November 3, 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, N.W., Washington,
DC 20230.
If a comment alleges that the filament yarn of nylon 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-confidential version and a non-confidential
summary.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.03-25103 Filed 10-2-03; 8:45 am]