[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Notices]
[Page 16226-16227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-61]
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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)
March 25, 2005.
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 woven cotton boxer shorts
made from certain fabrics.
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SUMMARY: On March 2, 2005 the Chairman of CITA received a request from
Alston & Bird LLP, on behalf of Robinson Manufacturing Company
(Robinson), alleging that certain woven fabrics, of the specifications
detailed below, classified in the indicated subheadings of the
Harmonized Tariff Schedule of the United States (HTSUS), cannot be
supplied by the NAFTA region in commercial quantities in a timely
manner and requesting that the President proclaim a modification of the
NAFTA rule of origin. Robinson requests that the NAFTA rule of origin
for boxer shorts classified under HTSUS 6207.11 should be modified to
allow the use of non-North American woven fabrics of the type described
below.
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 woven fabrics of the type
described below can be supplied by the domestic industry in commercial
quantities in a timely manner. Comments must be submitted by April 29,
2005 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
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 March 2, 2005 the Chairman of CITA received a request from
Alston & Bird LLP, on behalf of Robinson Manufacturing Company,
alleging that certain woven fabrics, of the specifications detailed
below, classified in the indicated subheadings 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
boxer shorts classified under HTSUS 6207.11 should be modified to allow
the use of non-North American woven fabrics of the type described
below. Such a proclamation may be made only after reaching agreement
with the other NAFTA countries on the modification.
Specifications
Fabric 1 ........................................
HTSUS 5210.11.60
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 100 to 112
Finish Greige
Weave Plain
Average Yarn No. 55 to 65
Fabric 2 ........................................
HTSUS 5210.51.60
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 105 to 112
Finish Printed
Weave Plain
Average Yarn No. 50 to 60
Fabric 3 ........................................
HTSUS 5210.41.80
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 85 to 90
Finish Yarn Dyed
Weave Plain
Average Yarn No. 69 to 75
Fabric 4 ........................................
HTSUS 5210.41.60
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 77 to 82
Finish Yarn Dyed
Weave Plain
Average Yarn No. 43 to 48
Fabric 5 ........................................
HTSUS 5210.51.60
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 92 to 98
Finish Printed
[[Page 16227]]
Weave Plain
Average Yarn No. 43 to 48
Fabric 6 ........................................
HTSUS 5210.51.40
Fiber Content 51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter 107 to 113
Finish Printed
Weave Plain
Average Yarn No. 33 to 37
Fabric 7 ........................................
HTSUS 5208.42.40
Fiber Content 100% cotton
Grams/Square Meter 100 to 105
Finish Yarn Dyed
Weave Plain
Average Yarn No. 47 to 53
Fabric 8 ........................................
HTSUS 5208.41.40
Fiber Content 100% cotton
Grams/Square Meter 95 to 100
Finish Yarn Dyed
Weave Plain
Average Yarn No. 37 to 42
Fabric 9 ........................................
HTSUS 5208.52.30
Fiber Content 100% cotton
Grams/Square Meter 112 to 118
Finish Printed
Weave Plain
Average Yarn No. 38 to 42
Fabric 10 ........................................
HTSUS 5208.51.40
Fiber Content 100% cotton
Grams/Square Meter 93 to 97
Finish Printed
Weave Plain
Average Yarn No. 38 to 42
CITA is soliciting public comments regarding this request,
particularly with respect to whether the woven fabrics described above
can be supplied by the domestic industry in commercial quantities in a
timely manner. Comments must be received no later than April 29, 2005.
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 these woven fabrics 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 woven fabrics stating that it produces
one or more of the woven fabrics that are 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. E5-1398 Filed 3-29-05; 8:45 am]