[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41119-41120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19556]
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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)
August 11, 2009.
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 articles of apparel and
clothing accessories, not knitted or crocheted made from certain yarn-
dyed poplin fabric.
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SUMMARY: On August 5, 2009, the Chairman of CITA received a request
from Sorini Samet & Associates LLC, on behalf of Cintas Corporation
(``Cintas''), alleging that certain yarn-dyed poplin fabric, as
specified below, classified under subheading 5513.31 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 articles of apparel and clothing
accessories, not knitted or crocheted, classified under HTSUS Chapter
62, should be modified to allow the use of certain non-North American
yarn-dyed poplin fabric, as specified 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 certain yarn-dyed poplin fabric, as specified below,
can be supplied by the domestic industry in commercial quantities in a
timely manner. Comments must be submitted by September 14, 2009 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 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. See
[[Page 41120]]
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.
CITA is soliciting public comments regarding this request,
particularly with respect to whether the certain yarn-dyed poplin
fabric, as specified below, can be supplied by the domestic industry in
commercial quantities in a timely manner. Comments must be received no
later than September 14, 2009. 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 the specified yarn-dyed poplin fabric 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
the fabric 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.
Specifications: Certain Poplin Fabric
HTSUS: 5513.31
Fabric Type: Yarn-Dyed Plaid Poplin
Fiber Content: 64-67% polyester, 33 to 36% cotton
Yarn Size:
Warp: Ring spun 49/1 to 53/1 metric; 64 to 67% polyester, 33 to 36%
cotton
Filling: Ring spun 49/1 to 53/1 metric; 64 to 67% polyester, 33 to 36%
cotton
Thread Count: 34.5 to 38 ends x 21 to 23 picks per centimeter
Weave Type: Plain
Fabric Weight: 127 to 140 grams per square meter
Fabric Width: 156 to 170 centimeters, cuttable
Coloration: Warp stripes, filling yarns dyed multiple colors
Finishing Process: Moisture management (see performance criteria), pre-
cure permanent press, 10% mechanical stretch in filling direction
Performance Criteria: Moisture management test method is AATCC Test
Method 79-2007, and the pass/fail standard is 10 seconds.
Janet E. Heinzen,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E9-19556 Filed 8-13-09; 8:45 am]
BILLING CODE 3510-DS