[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Notices]
[Pages 50126-50127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21285]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comment on Commercial Availability Petition 
under the North American Free Trade Agreement (NAFTA)

August 14, 2003.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for Public Comments concerning a petition for 
modification of the NAFTA rules of origin for products made from 
certain yarns of cashmere and of camel hair.

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

Summary

    On July 10, 2003, the Chairman of CITA received a petition from 
Amicale Industries, Inc. alleging that certain yarns of carded cashmere 
or of carded camel hair, classified in heading 5108.10.60 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 the President proclaim a modification of the 
NAFTA rules of origin. Amicale requests that the NAFTA rules of origin 
for woven fabrics of subheadings 5111.11 and 5111.19, and for apparel 
of subheadings 6201.11, 6202.11, 6203.11, 6204.11 and 6204.31 be 
modified to all for use of non-North American yarn of subheading 
5108.10.60. Such a proclamation may be made only after reaching 
agreement with the other NAFTA countries on the modification. CITA 
hereby solicits public comments on this petition, in particular with 
regard to whether cashmere and camel hair yarn can be supplied by the 
domestic industry in commercial quantities in a timely manner. Te be 
ensured full consideration, comments must be submitted by September 19, 
2003 to the Chairman, Committee for the Implementation of Textile 
Agreements, Room 3001, United States Department of Commerce, 
Washington, DC 20230.

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 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 capable of 
supplying commercial quantities of the good in a timely manner. The 
Statement of Administrative Action (SAA) that

[[Page 50127]]

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 July 10, 2003, the Chairman of CITA received a petition from 
Amicale Industries, Inc. alleging that certain yarns of carded cashmere 
or of carded camel hair, classified in HTSUS heading 5108.10.60, cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner and requesting that the President proclaim a modification 
of the NAFTA rules of origin. The referenced yarns would be used to 
produce woven fabrics classified in HTS subheadings 5111.11 and 5111.19 
for use in suits, coats and suit-type jackets classified under HTS 
subheadings 6201.11, 6202.11, 6203.11, 6203.31, 6204.11 and 6204.31. 
Such a proclamation may be made only after reaching agreement with the 
other NAFTA countries on the modification
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the yarns of cashmere or of camel 
hair described above, classified in HTSUS heading 5108.10.60, can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. The petition states that potential North American suppliers of 
the referenced yarns would be required to deliver them within 21 days 
of receipt of a purchase order. To ensure full consideration, comments 
must be received no later than September 19, 2003. 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 yarns of carded cashmere or of carded 
camel hair 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 of the yarn 
stating that it produces the yarn that is in 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.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.03-21285 Filed 8-19-03; 8:45 am]
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