[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[
Notices]
[Page 4542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja08-46]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comment on Short Supply Petition Under the
North American Free Trade Agreement (NAFTA)
January 18, 2008.
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 warp pile fabric made
from solution dyed, wet spun acrylic fiber.
-----------------------------------------------------------------------
SUMMARY: On January 14, 2008, the Chairman of CITA received a request
from Glen Raven Custom Fabrics LLC, alleging that certain solution
dyed, wet spun acrylic fibers, not carded, combed or otherwise
processed for spinning, classified under subheading 5503.30 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 North American
Free Trade Agreement (NAFTA) rule of origin for warp pile fabrics,
classified under HTSUS subheading 5801.35, should be modified to allow
the use of non-North American solution dyed, wet spun acrylic fiber.
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 solution dyed, wet spun acrylic fiber
of HTSUS subheading 5503.30 can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
February 25, 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: Maria Dybczak, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3651.
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 U.S.C. 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. See
Section 202(q) of the NAFTA Implementation Act. 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. 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 January 14, 2008, the Chairman of CITA received a request from
Glen Raven Custom Fabrics, LLC, alleging that certain acrylic fibers,
not carded, combed or otherwise processed for spinning, classified
under subheading 5503.30 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 North American Free Trade Agreement (NAFTA) rule
of origin for warp pile fabrics, classified under HTSUS subheading
5801.35, should be modified to allow the use of non-North American
acrylic fiber.
CITA is soliciting public comments regarding this request,
particularly with respect to whether the solution dyed, wet spun
acrylic fiber described above can be supplied by the domestic industry
in commercial quantities in a timely manner. Comments must be received
no later than February 25, 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, NW., Washington,
DC 20230.
If a comment alleges that these acrylic staple 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, NW.,
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. E8-1269 Filed 1-24-08; 8:45 am]
BILLING CODE 3510-DS-P