[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Notices]
[Page 71123-71124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de07-29]
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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)
December 11, 2007.
AGENCY: 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 textile filaments, staple
yarns, and woven fabrics and nonwoven and other textile articles from
rayon fiber.
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SUMMARY: On October 16, 2007, the Chairman of CITA received a request
from the National Textile Association (NTA), alleging that certain
rayon fibers (other than ``lyocell'') cannot be supplied by the
domestic industry in commercial quantities in a timely manner and
requesting that CITA consider whether the North American Free Trade
Agreement (NAFTA) rule of origin for textile filaments, staple yarns,
and woven fabrics, classified under chapters 52, 54 and 55 of the
Harmonized Tariff Schedule of the United States (HTSUS) and nonwoven
and other textile articles of chapter 56, should be modified to allow
the use of non-North American rayon fibers (other than ``lyocell'').
CITA is also considering a broad change in the rule of origin for all
other textile products to allow the use of non-North American rayon
fibers (other than ``lyocell''). The President may proclaim a
modification to the NAFTA rules of origin under these circumstances to
implement an agreement with the other NAFTA countries on the
modification. CITA hereby solicits public comments on this request, in
particular with regard to whether rayon fibers (other than ``lyocell'')
can be supplied by the domestic industry in commercial quantities in a
timely manner. Comments must be submitted by (January 14, 2008 to the
Chairman, Committee for the Implementation of Textile Agreements, Room
3001, United States Department of Commerce, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Robert Carrigg, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
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 for the Parties to consult to consider issues of availability
of supply of fibers, yarns or fabrics in the free trade area. See NAFTA
Annex 300-B, Section 7.2(a). The NAFTA implementing legislation
authorizes the President to modify the rules of origin pursuant to any
agreement reached by the NAFTA Parties, as provided in Section 7.2(a)
of Annex 300-B. See Section 202(q)(3)(A) of the NAFTA Implementation
Act. The Statement of Administrative Action (SAA) that accompanies the
NAFTA Implementation Act stated that any interested person may submit
to CITA a
[[Page 71124]]
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. NAFTA Implementation Act,
SAA, H. Doc. 103-159, Vol. 1, at 491 (1993). 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. SAA at 491. 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. See section 202(q) of the NAFTA Implementation Act.
On October 16, 2007, the Chairman of CITA received a request from
the National Textile Association (NTA), alleging that certain rayon
fibers (other than ``lyocell'') cannot be supplied by the domestic
industry in commercial quantities in a timely manner and requesting
that CITA consider whether the North American Free Trade Agreement
(NAFTA) rule of origin for textile filaments, staple yarns, and woven
fabrics, classified under chapters 52, 54 and 55 of the Harmonized
Tariff Schedule of the United States (HTSUS) and nonwoven and other
textile articles of chapter 56, should be modified to allow the use of
non-North American rayon fibers (other than ``lyocell''). CITA is also
considering a broad change in the rule of origin for all other textile
products to allow the use of non-North American rayon fibers (other
than ``lyocell'').
CITA is soliciting public comments regarding this request,
particularly with respect to whether the rayon fiber described above
can be supplied by the domestic industry in commercial quantities in a
timely manner. Comments must be received no later than January 14,
2008. 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 rayon fibers 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 stating that it produces fiber that is 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 3001 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.
R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E7-24281 Filed 12-13-07; 8:45 am]