[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45746-45747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au08-43]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comment on a Commercial Availability Request
under the U.S.-Australia Free Trade Agreement (USAFTA)
July 30, 2008.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for Public Comments concerning a request to expand the
scope of a modification of the U.S.-Australia Free Trade Agreement
(USAFTA) rules of origin for a viscose/polyester blended yarn.
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SUMMARY: On February 26, 2008, CITA published in the Federal Register a
request for public comment on a commercial availability petition from
Gentry Mills that there be a modification to the rules of origin for a
certain viscose/polyester blended yarn (73 FR 10227). No public
comments were received alleging that viscose rayon fiber could be
supplied in commercial quantities in a timely manner. Subsequently, the
United States requested consultations with the Government of Australia
on its proposal to modify the rule of origin for 5510.90.2000 to allow
the use of non-U.S. and non-Australian viscose rayon fiber. In those
consultations, the Government of Australia proposed expanding the scope
of the U.S. proposal for a modification to the rule of origin. The
Government of Australia proposes that the modification to the rule of
origin be applied to all yarns of subheading 5510.90 of the Harmonized
Tariff Schedule of the United States (HTSUS).
The President may proclaim a modification to the USAFTA rules of
origin for textile and apparel products after reaching an agreement
with the Government of Australia on the modification. CITA hereby
solicits public comments on this proposal to expand the scope of the
rule of origin modification to all yarns in HTSUS subheading 5510.90 to
allow the use of non-U.S. and non-Australian viscose rayon fiber.
Comments must be submitted by September 5, 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: Anna Flaaten, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-4058.
SUPPLEMENTARY INFORMATION:
Authority: Section 204 of the Agricultural Act of 1956, as
amended (7 USC 1854); Section 203 (o)(2)(B)(i) of the United States
- Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805
note) (USAFTA Implementation Act); Executive Order 11651 of March 3,
1972, as amended.
Background:
Under the USAFTA, the parties are required to progressively
eliminate customs duties on originating goods. See Article 2.3.1. The
USAFTA provides that, after consultations, the parties may agree to
revise the rules of origin for textile and apparel products to address
issues of availability of supply of fibers, yarns, or fabrics in the
free trade area. See Article 4.2.5 of the USAFTA. In the consultations,
each party must consider data presented by the other party showing
substantial production of the good. Substantial production has been
shown if domestic producers are capable of supplying commercial
quantities of the good in a timely manner. See Article 4.2.4 of the
USAFTA.
The USAFTA Implementation Act provides the President with the
authority to proclaim modifications to the USAFTA rules of origin as
are necessary to implement the agreement after complying with the
consultation and layover requirements of Section 104
[[Page 45747]]
of the USAFTA Implementation Act. See Section 203(o)(2)(B)(i) of the
USAFTA Implementation Act. Executive Order 11651 established CITA to
supervise the implementation of textile trade agreements and authorizes
the Chairman of CITA to take actions or recommend that the United
States take actions necessary to implement textile trade agreements. 37
FR 4699 (March 4, 1972).
On February 1, 2008, the Chairman of CITA received a request from
Gentry Mills, alleging that certain viscose rayon fiber, classified in
HSTUS subheading 5504.10.0000, cannot be supplied by the domestic or
Australian industry in commercial quantities in a timely manner and
requesting that CITA consider whether the USAFTA rule of origin for 52%
viscose/48% polyester blended yarn, classified under HTSUS subheading
5510.90.2000 should be modified to allow the use of non-U.S. and non-
Australian viscose rayon fiber. On February 26, 2008, CITA published in
the Federal Register a request for public comment on the proposed
modification (73 FR 10227). No public comments were received alleging
that viscose rayon fiber could be supplied in commercial quantities in
a timely manner. Subsequently, the United States requested
consultations with the Government of Australia on Gentry Mills'
request. In those consultations, the Government of Australia proposed
expanding the scope of the modification of the rule of origin to all
yarns under HTSUS subheading 5510.90 to allow the use of non-U.S. and
non-Australian viscose rayon fiber.
CITA is soliciting public comments regarding this proposal to
expand the scope of the rule of origin modification to all yarns in
HTSUS subheading 5510.90 to allow the use of non-U.S. and non-
Australian viscose rayon fiber. Comments must be received no later than
September 5, 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 3001, U.S. Department of
Commerce, 14th and Constitution Avenue, N.W., Washington, DC 20230.
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. E8-18119 Filed 8-5-08; 8:45 am]
BILLING CODE 3510-DS-S