Request for Public Comment on Short Supply Petition Under the North American Free Trade Agreement (NAFTA), 4542 [E8-1269]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Page 4542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1269]


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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 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.

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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