[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Notices]
[Page 10227-10228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe08-29]
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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
February 20, 2008.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Request for Public Comments concerning a request for
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 1, 2008, the Chairman of CITA received a request
from Gentry Mills, alleging that certain viscose rayon fiber,
classified in subheading 5504.10.0000 of the Harmonized Tariff Schedule
of the United States (HTSUS), 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. 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
request, in particular with regard to whether viscose rayon fiber of
HTSUS 5504.10.0000 can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be submitted by
March 27, 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 eliminate customs
duties on textile and apparel goods that qualify as originating goods
and meet the rules of origin set out in Annex 4-A to the USAFTA. 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.
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 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).
[[Page 10228]]
On February 1, 2008, the Chairman of CITA received a request from
Gentry Mills, alleging that certain viscose rayon fiber, classified
under subheading 5504.10.0000 of the HTSUS, 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 of HTSUS subheading
5510.90.2000 should be modified to allow the use of non-U.S. and non-
Australian viscose rayon fiber of HTSUS 5504.10.0000.
CITA is soliciting public comments regarding this request,
particularly with respect to whether the viscose 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 March 27,
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.
If a comment alleges that viscose rayon 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 stating that it produces viscose rayon
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. In addition, non-confidential versions of the
request and non-confidential versions of any public comments will be
posted for public review on the Office of Textiles and Apparel
(``OTEXA'') website (otexa.ita.doc.gov). 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. E8-3620 Filed 2-25-08; 8:45 am]