Request for Public Comment on a Commercial Availability Request under the U.S.-Australia Free Trade Agreement (USAFTA), 45746-45747 [E8-18119]

Download as PDF 45746 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices CBP to require a cash deposit or the posting of a bond equal to the margins, as indicated above, as follows: (1) the rate for BCM will be 121.39 percent; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 121.39 percent. These suspension–ofliquidation instructions will remain in effect until further notice. mstockstill on PROD1PC66 with NOTICES International Trade Commission Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary determination of sales at less than fair value. If our final antidumping determination is affirmative, the ITC will determine whether the imports covered by that determination are materially injuring, or threatening material injury to, the U.S. industry. The deadline for the ITC’s determination would be the later of 120 days after the date of this preliminary determination or 45 days after the date of our final determination, pursuant to section 735(b)(2) of the Act. Public Comment Case briefs for this investigation must be submitted no later than 50 days after the publication of this notice, pursuant to 19 CFR 351.309(c)(1)(i). Rebuttal briefs must be filed within five days after the deadline for submission of case briefs consistent with 19 CFR 351.309(d)(1). A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. Executive summaries should be limited to five pages total, including footnotes. Section 774 of the Act provides that the Department will hold a hearing to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party. If a request for a hearing is made in an investigation, the hearing normally will be held two days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. See 19 CFR 351.310(d)(1). Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request within 30 days of the publication of this notice. See 19 CFR 351.310(c). Requests should specify the VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 number of participants and provide a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. We will not be conducting a verification of BCM because it failed to respond to our questionnaire, as discussed above in the ‘‘Use of Facts Otherwise Available’’ section in this notice. Therefore, the deadline for submission of factual information pursuant to 19 CFR 351.301(b)(1) is not applicable. Thus, the deadline for submission of factual information in this investigation will be seven days after the date of publication of this notice. We intend to make our final determination within 75 days after the date of publication of this preliminary determination, pursuant to section 735(a)(1) of the Act. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act. Dated: July 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–18033 Filed 8–5–08; 8:45 am] BILLING CODE 3510–DS–S 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. 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. AGENCY: 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- PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06AUN1.SGM 06AUN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices 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 VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 45747 request are encouraged to include a nonconfidential version and a nonconfidential summary. DEPARTMENT OF DEFENSE R. Matthew Priest, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E8–18119 Filed 8–5–08; 8:45 am] Intent To Grant an Exclusive License of a U.S. Government-Owned Patent BILLING CODE 3510–DS–S DEPARTMENT OF DEFENSE Department of the Army Intent To Grant an Exclusive License of a U.S. Government-Owned Patent AGENCY: ACTION: Department of the Army, DoD. Notice. SUMMARY: In accordance with 35 U.S.C. 209(e) and 37 CFR 404.7 (a)(I)(i), announcement is made of the intent to grant an exclusive, royalty-bearing, revocable license to U.S. Patent No. 7,094,417, issued August 22, 2006, entitled ‘‘Fish Hatching Method and Apparatus,’’ and U.S. Patent Application No. 11/340,757 filed January 27, 2006 entitled, ‘‘Fish Hatching Method and Apparatus,’’ and foreign rights to Diapause Research Foundation, with its principal place of business at 1924 Creighton Road, Pensacola, FL 32504. Commander, U.S. Army Medical Research and Materiel Command, ATTN: Command Judge Advocate, MCMR–JA, 504 Scott Street, Fort Detrick, Frederick, MD 21702– 5012. ADDRESSES: For licensing issues, Dr. Paul Mele, Office of Research & Technology Assessment, (301) 619–6664. For patent issues, Ms. Elizabeth Arwine, Patent Attorney, (301) 619–7808, both at telefax (301) 619– 5034. FOR FURTHER INFORMATION CONTACT: Anyone wishing to object to the grant of this license can file written objections along with supporting evidence, if any, 15 days from the date of this publication. Written objections are to be filed with the Command Judge Advocate (see ADDRESSES). SUPPLEMENTARY INFORMATION: Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8–18015 Filed 8–5–08; 8:45 am] BILLING CODE 3710–08–P PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Department of the Army Department of the Army, DoD. Notice. AGENCY: ACTION: SUMMARY: In accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(I)(i), announcement is made of the intent to grant an exclusive, royalty-bearing, revocable license to U.S. Patent No. 5,983,557, issued November 16, 1999, entitled ‘‘Lethal Mosquito Breeding Container,’’ U.S. Patent No. 6,185,861 issued February 13, 2001, entitled ‘‘Lethal Mosquito Breeding Container,’’ U.S. Patent No. 6,389,740, issued May 21, 2002, entitled ‘‘Lethal Mosquito Breeding Container,’’ and foreign rights to SpringStar, Inc., with its principal place of business at 17669 128th Place NE., Woodinville, WA 98072. ADDRESSES: Commander, U.S. Army Medical Research and Materiel Command, ATTN: Command Judge Advocate, MCMR–JA, 504 Scott Street, Fort Detrick, Frederick, MD 21702– 5012. For licensing issues, Dr. Paul Mele, Office of Research & Technology Assessment, (301) 619–6664. For patent issues, Ms. Elizabeth Arwine, Patent Attorney, (301) 619–7808, both at telefax (301) 619– 5034. FOR FURTHER INFORMATION CONTACT: Anyone wishing to object to the grant of this license can file written objections along with supporting evidence, if any, 15 days from the date of this publication. Written objections are to be filed with the Command Judge Advocate (see ADDRESSES). SUPPLEMENTARY INFORMATION: Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8–18020 Filed 8–5–08; 8:45 am] BILLING CODE 3710–08–P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent to Prepare an Environmental Impact Statement for the Conveyance of Federal Lands at Lake Texoma to the City of Denison, Grayson County, TX Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. AGENCY: E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

Committee for the Implementation of Textile Agreements

[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Pages 45746-45747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18119]


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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.

-----------------------------------------------------------------------

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

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