[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Page 30633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12168]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

May 25, 2004.
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 sanitary articles made 
from tri-lobal rayon staple fiber.

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SUMMARY: On May 18, 2004 the Chairman of CITA received a request from 
Procter & Gamble alleging that tri-lobal rayon staple fiber (38 mm, 3.3 
decitex), classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheading 5504.10, cannot be supplied by the domestic 
industry in commercial quantities in a timely manner and requesting 
that CITA consider whether the NAFTA rule of origin for sanitary 
articles classified under HTSUS 5601.10.20 should be modified to allow 
the use of non-North American staple fiber of the type described above.
    The President may proclaim a modification to the NAFTA rules of 
origin, inter alia, 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 tri-
lobal rayon staple fiber of the type described above can be supplied by 
the domestic industry in commercial quantities in a timely manner. 
Comments must be submitted by June 28, 2004 to the Chairman, Committee 
for the Implementation of Textile Agreements, Room 3001, United States 
Department of Commerce, Washington, D.C. 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. 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. 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 May 18, 2004 the Chairman of CITA received a request from 
Procter & Gamble alleging that tri-lobal rayon staple fiber (38mm, 3.3 
decitex), classified under the HTSUS subheading 5504.10, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner and requesting that CITA consider whether the NAFTA rule of 
origin for sanitary articles classified under HTSUS 5601.10.20 should 
be modified to allow the use of non-North American staple fiber of the 
type described above.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the rayon staple fiber described 
above, classified in HTSUS sub-heading 5504.10, can be supplied by the 
domestic industry in commercial quantities in a timely manner. Comments 
must be received no later than June 28, 2004. 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 tri-lobal rayon staple fiber 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 staple fiber stating that 
it produces the staple fiber 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.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 04-12168 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-DR-S