[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Notices]
[Pages 13608-13609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7071]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comment on a Petition to Amend a Rule of 
Origin under the North American Free Trade Agreement (NAFTA)

March 19, 2002.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for Public Comments concerning a petition filed under 
Section 7.2 of Annex 300-B of NAFTA to amend the NAFTA rules of origin 
for certain men's and boy's woven shirts.

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SUMMARY: On February 26, 2002 the Chairman of CITA received a petition 
from the American Textile Manufacturers Institute (ATMI) requesting 
CITA to commence consultations with the governments of Canada and 
Mexico for the purpose of amending the rules of origin set forth in 
Annex 401 of the NAFTA for Harmonized Tariff Schedule (HTS) subheadings 
6205.20 - 6205.30. In particular, ATMI requests that paragraph (c) of 
the subheading rule applicable to HTS subheadings 6205.20 - 6205.30 be 
deleted.
    ATMI claims that the fabrics described in paragraph (c) of the 
subheading note are currently being produced in commercial quantities 
in the United States and are available in a timely manner. 
Specifically, ATMI claims that Dan River, Inc., an ATMI member, 
currently has in its line a fabric that conforms to the following 
specifications:

 
 
 
Fiber content                               60% cotton / 40% polyester
Weight                                      108.5 grams per square meter
Construction                                Plain weave, not of square
                                             construction
Thread count                                74 per square centimeter
Average yarn size                           71.07 metric
Finish                                      Available bleached and dyed
 

    A modification of the NAFTA rules of origin may only be made after 
reaching agreement with the other NAFTA parties. CITA hereby solicits 
public comments on this petition, in particular with regard to whether 
the fabric described above can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
April 24, 2002.

FOR FURTHER INFORMATION CONTACT: Martin Walsh, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3400.

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. 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

[[Page 13609]]

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. 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. 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.
    On February 26, 2002 the Chairman of CITA received a petition from 
the American Textile Manufacturers Institute (ATMI) requesting CITA to 
commence consultations with the governments of Canada and Mexico for 
the purpose of amending the rules of origin set forth in Annex 401 of 
the NAFTA for Harmonized Tariff Schedule (HTS) subheadings 6205.20 - 
6205.30. In particular, ATMI requests that paragraph (c) of the 
subheading rule applicable to HTS subheadings 6205.20 - 6205.30 be 
deleted.
    ATMI claims that the fabrics described in paragraph (c) of the 
subheading note are currently being produced in commercial quantities 
in the United States and are available in a timely manner. 
Specifically, ATMI claims that Dan River, Inc., an ATMI member, 
currently has in its line a fabric that conforms to the following 
specifications:

 
 
 
Fiber content                               60% cotton / 40% polyester
Weight                                      108.5 grams per square meter
Construction                                Plain weave, not of square
                                             construction
Thread count                                74 per square centimeter
Average yarn size                           71.07 metric
Finish                                      Available bleached and dyed
 

    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the fabric described above can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. Comments must be received no later than April 24, 2002. 
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 fabric described above cannot 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 of men's shirts stating that it 
attempted to purchase U.S. made fabric of the kind described above, 
including quantities requested and the required time frame for 
delivery, and found no U.S. producers able to fill the order.
    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, N.W., 
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.02-7071 Filed 3-22-02; 8:45 am]
BILLING CODE 3510-DR-S