[Federal Register: June 2, 2004 (Volume 69, Number 106)]
[Notices]               
[Page 31093-31094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn04-41]                         

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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)

May 27, 2004.
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 piece-dyed acrylic pile 
fabrics containing dry-spun acrylic staple fibers.

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SUMMARY: On November 12, 2003, the Government of the United States 
received a request from the Government of Canada alleging that dry-spun 
acrylic staple fibers, classified under the Harmonized Tariff Schedule 
of the United States (HTSUS) subheading 5503.30, cannot be supplied by 
the Canadian industry in commercial quantities in a timely manner and 
requesting that the governments of Mexico and the United States consult 
to consider whether the NAFTA rule of origin for woven-warp pile 
fabric, cut, which has been dyed in the piece to a single uniform 
color, classified under HTSUS 5801.35 should be modified to allow the 
use of non-North American dry-spun acrylic staple fiber.
    The President may proclaim a modification to the NAFTA rules of 
origin only after, inter alia, 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 the dry-
spun acrylic staple fiber described above can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be submitted by July 2, 2004 to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, Washington, D.C. 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 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 
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 November 12, 2003, the Government of the United States received 
a request from the Government of Canada alleging that dry-spun acrylic 
staple fiber classified under HTSUS subheading 5503.30, cannot be 
supplied by Canadian producers in commercial quantities in a timely 
manner and requesting that the Governments of Mexico and the United 
States consult on whether the NAFTA rule of origin for woven-warp pile 
fabric, cut, which has been dyed in the piece to a single uniform 
color, classified under HTSUS 5801.35, should be modified to allow the 
use of non-North American staple fiber of the type described above.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether dry-spun acrylic

[[Page 31094]]

staple fiber, classified in HTSUS sub-heading 5503.30, can be supplied 
by the domestic industry in commercial quantities in a timely manner. 
Comments must be received no later than July 2, 2004. 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 dry-spun 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 of the fiber stating that it 
produces the fiber 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-12546 Filed 5-28-04; 1:32 pm]