Request for Public Comment on Short Supply Petition under the North American Free Trade Agreement (NAFTA), 1735-1736 [E6-161]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Notices]
[Pages 1735-1736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-161]


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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)

January 5, 2006.
AGENCY: The 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 flock made from 
various man-made staple fiber and tow.

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SUMMARY: On December 21, 2005 the Chairman of CITA received a request 
from Cellusuede Products, Inc. (Cellusuede), alleging that certain man-
made staple fiber and tow, of the specifications detailed below, 
classified in the indicated subheadings 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 textile flock classified under 
HTSUS subheading 5601.30 should be modified to allow the use of non-
North American man-made staple fiber and tow, of the specifications 
detailed 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 woven fabrics of the type 
described below can

[[Page 1736]]

be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be submitted by February 10, 2006 to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
3001, United States Department of Commerce, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Martin J. Walsh, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2818.

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 
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 December 21, 2005 the Chairman of CITA received a request from 
Cellusuede Products, Inc. (Cellusuede), alleging that certain man-made 
staple fiber and tow, of the specifications detailed below, classified 
in the indicated subheadings 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 textile flock classified under HTSUS subheading 5601.30 
should be modified to allow the use of non-North American man-made 
staple fiber and tow, of the specifications detailed below.

Specifications:

1) 3.0 denier (3.3 dtex) 100 kilotex uncrimped modacrylic tow. HTSUS 
5501.30.
2) 3.0 denier (3.3 dtex) 50 kilotex solution-dyed black crimpless 
polyester tow moisture content less than 2% by weight. HTSUS 5501.20.
3) 3.0 denier (3.3 dtex) 100 kilotex crimpless polypropylene 
homopolymer tow. HTSUS 5501.90.
4) 3.0 denier (3.3 dtex) 100 kilotex crimpless polypropylene 
homopolymer staple fiber. HTSUS 5503.40.
5) 3.0 denier (3.3 dtex) solution dyed black T6.6 uncrimped nylon tow. 
HTSUS 5501.10.
6) 3.0 denier (3.3 dtex) bright viscose rayon tow. HTSUS 5502.00.
7) 1.5 denier (1.7 dtex) bright viscose rayon tow. HTSUS 5502.00.
8) 3.0 denier (3.3 dtex) solution dyed black viscose rayon tow. HTSUS 
5502.00.
9) 3.0 denier (3.3 dtex) bright viscose rayon staple fiber. HTSUS 
5504.10.
10) 1.5 denier (1.7 dtex) bright viscose rayon staple fiber. HTSUS 
5504.10.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the man-made staple fiber and tow 
described above can be supplied by the domestic industry in commercial 
quantities in a timely manner. Comments must be received no later than 
February 10, 2006. 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 man-made staple fibers and tows 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 3100 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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E6-161 Filed 1-10-06; 8:45 am]
BILLING CODE 3510-DS-S