[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16226-16227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1398]


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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)

March 25, 2005.
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 woven cotton boxer shorts 
made from certain fabrics.

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SUMMARY: On March 2, 2005 the Chairman of CITA received a request from 
Alston & Bird LLP, on behalf of Robinson Manufacturing Company 
(Robinson), alleging that certain woven fabrics, of the specifications 
detailed below, classified in the indicated subheadings of the 
Harmonized Tariff Schedule of the United States (HTSUS), cannot be 
supplied by the NAFTA region in commercial quantities in a timely 
manner and requesting that the President proclaim a modification of the 
NAFTA rule of origin. Robinson requests that the NAFTA rule of origin 
for boxer shorts classified under HTSUS 6207.11 should be modified to 
allow the use of non-North American woven fabrics of the type described 
below.
    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 woven fabrics of the type 
described below can be supplied by the domestic industry in commercial 
quantities in a timely manner. Comments must be submitted by April 29, 
2005 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 March 2, 2005 the Chairman of CITA received a request from 
Alston & Bird LLP, on behalf of Robinson Manufacturing Company, 
alleging that certain woven fabrics, of the specifications detailed 
below, classified in the indicated subheadings 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 NAFTA rule of origin for 
boxer shorts classified under HTSUS 6207.11 should be modified to allow 
the use of non-North American woven fabrics of the type described 
below. Such a proclamation may be made only after reaching agreement 
with the other NAFTA countries on the modification.

Specifications

 
 
 
Fabric 1                        ........................................
HTSUS                           5210.11.60
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              100 to 112
Finish                          Greige
Weave                           Plain
Average Yarn No.                55 to 65
 
Fabric 2                        ........................................
HTSUS                           5210.51.60
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              105 to 112
Finish                          Printed
Weave                           Plain
Average Yarn No.                50 to 60
 
Fabric 3                        ........................................
HTSUS                           5210.41.80
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              85 to 90
Finish                          Yarn Dyed
Weave                           Plain
Average Yarn No.                69 to 75
 
Fabric 4                        ........................................
HTSUS                           5210.41.60
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              77 to 82
Finish                          Yarn Dyed
Weave                           Plain
Average Yarn No.                43 to 48
 
Fabric 5                        ........................................
HTSUS                           5210.51.60
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              92 to 98
Finish                          Printed

[[Page 16227]]

 
Weave                           Plain
Average Yarn No.                43 to 48
 
Fabric 6                        ........................................
HTSUS                           5210.51.40
Fiber Content                   51 to 60% cotton, 49 to 40% polyester
Grams/Square Meter              107 to 113
Finish                          Printed
Weave                           Plain
Average Yarn No.                33 to 37
 
Fabric 7                        ........................................
HTSUS                           5208.42.40
Fiber Content                   100% cotton
Grams/Square Meter              100 to 105
Finish                          Yarn Dyed
Weave                           Plain
Average Yarn No.                47 to 53
 
Fabric 8                        ........................................
HTSUS                           5208.41.40
Fiber Content                   100% cotton
Grams/Square Meter              95 to 100
Finish                          Yarn Dyed
Weave                           Plain
Average Yarn No.                37 to 42
 
Fabric 9                        ........................................
HTSUS                           5208.52.30
Fiber Content                   100% cotton
Grams/Square Meter              112 to 118
Finish                          Printed
Weave                           Plain
Average Yarn No.                38 to 42
 
Fabric 10                       ........................................
HTSUS                           5208.51.40
Fiber Content                   100% cotton
Grams/Square Meter              93 to 97
Finish                          Printed
Weave                           Plain
Average Yarn No.                38 to 42
 


    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the woven fabrics described above 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be received no later than April 29, 2005. 
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 these woven fabrics 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 woven fabrics stating that it produces 
one or more of the woven fabrics that are 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, 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. E5-1398 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-S