[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36657-36658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12570]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. NAFTA-103-012]


Probable Effect of Certain Modifications to the North American 
Free Trade Agreement Rules of Origin

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and request for written 
submissions.

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EFFECTIVE DATE: June 3, 2005.
SUMMARY: Following receipt of a request on May 23, 2005 (as modified by 
a letter received on June 16, 2005), from the United States Trade 
Representative (USTR) under authority delegated by the President and 
pursuant to section 103 of the North American Free Trade Agreement 
(NAFTA) Implementation Act (19 U.S.C. 3313), the Commission instituted 
investigation No. NAFTA-103-012, Probable Effect of Certain 
Modifications to the NAFTA Rules of Origin.

FOR FURTHER INFORMATION CONTACT: Information may be obtained from Linda 
White, Office of Industries (202-205-3427, [email protected]), or 
Judith-Anne Webster, Office of Industries (202-205-3489, [email protected]). For information on the legal aspects of this 
investigation, contact William Gearhart of the Office of the General 
Counsel (202-205-3091, [email protected]). The media should 
contact Margaret O'Laughlin, Office of External Relations (202-205-
1819, [email protected]).
    Background: According to the USTR's letter, U.S. negotiators have 
recently reached agreement in principle with representatives of the 
governments of Canada and Mexico on proposed modifications to Annexes 
401 and 403 of the NAFTA. Chapter 4 and Annexes 401 and 403 of the 
NAFTA set forth the rules of origin for applying the tariff provisions 
of the NAFTA to trade in goods. Section 202(q) of the NAFTA 
Implementation Act (the Act) authorizes the President, subject to the 
consultation and layover requirements of section 103 of the Act, to 
proclaim such modifications to the rules as may from time to time be 
agreed to by the NAFTA countries. One of the requirements set out in 
section 103 of the Act is that the President obtain advice from the 
United States International Trade Commission.
    The USTR has requested that the Commission provide advice on the 
probable effect of the modifications on U.S. trade under the NAFTA and 
on domestic industries. The modifications concern rules of origin in 
NAFTA Annexes 401 and 403 for (1) Cocoa and cocoa preparations; (2) 
cranberry juice; (3) ores, slag and ash; (4) leather; (5) cork and 
articles of cork; (6) prepared feathers and down and articles made of 
feather or of down, artificial flowers, and articles of human hair; (7) 
glass and glassware; (8) copper; (9) nickel and articles thereof; (10) 
lead; (11) zinc and articles thereof; (12) tin; (13) other base metals; 
(14) televisions; (15) information technology agreement goods; and (16) 
controls.
    A detailed list of the proposed modifications is available from the 
Office of the Secretary to the Commission or by accessing the 
electronic version of this notice at the Commission's Internet site 
(http://www.usitc.gov). This list was amended by the USTR, as conveyed 
in a letter dated June 16, 2005, from Assistant U.S. Trade 
Representative Carmen Suro-Bredie, to delete filament yarns of viscose 
rayon, tri-lobal rayon staple fiber, and untextured yarns of nylon, as 
the Commission had previously provided probable effect advice 
concerning modifications to rules of origin for these products in 
Investigation Nos. NAFTA-103-7 (October 2004) and NAFTA-103-9 (December 
2004).
    The U.S. NAFTA rules of origin can be found in General Note 12 of 
the 2005 Harmonized Tariff Schedule of the United States (see ``General 
Notes'' link at http://www.usitc.gov/tata/hts/bychapter/index.htm) 
and the most recent updates to the current U.S. NAFTA rules of origin 
can be found in

[[Page 36658]]

Presidential Proclamation 7870 of February 9, 2005 (70 FR 7611). As 
requested, the Commission will forward its advice to the USTR by 
September 26, 2005.
    Written Submissions: Interested parties are invited to submit 
written statements concerning the probable effect of the modifications. 
Submissions should be addressed to the Secretary, United States 
International Trade Commission, 500 E Street SW., Washington, DC 20436. 
To be assured of consideration by the Commission, written statements 
should be submitted to the Commission at the earliest practical date 
and should be received no later than the close of business on August 3, 
2005. All written submissions must conform with the provisions of 
section 201.8 of the Commission's Rules of Practice and Procedure (19 
CFR 201.8). Section 201.8 of the rules requires that a signed original 
(or copy designated as an original) and fourteen (14) copies of each 
document be filed. In the event that confidential treatment of the 
document is requested, at least four (4) additional copies must be 
filed, from which the confidential business information must be deleted 
(see the following paragraph for further information regarding 
confidential business information). The Commission's rules authorize 
filing submissions with the Secretary by facsimile or electronic means 
only to the extent permitted by section 201.8 of the rules (see 
Handbook for Electronic Filing Procedures, http://hotdocs.usitc.gov/pubs/electronic_filing_handbook.pdf). Persons with questions 
regarding electronic filing should contact the Secretary (202-205-2000 
or [email protected]).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or 
``nonconfidential'' version, and that the confidential business 
information be clearly identified by means of brackets. All written 
submissions, except for confidential business information, will be made 
available in the Office of the Secretary to the Commission for 
inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the USTR and the President. As requested by the USTR, the 
Commission will publish a public version of the report. However, in the 
public version, the Commission will not publish confidential business 
information in a manner that would reveal the operations of the firm 
supplying the information.
    The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing 
impaired individuals may obtain information on this matter by 
contacting the Commission's TDD terminal on 202-205-1810. Persons with 
mobility impairments who will need special assistance in gaining access 
to the Commission should contact the Office of the Secretary at 202-
205-2000.

    By order of the Commission.

    Issued: June 21, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12570 Filed 6-23-05; 8:45 am]
BILLING CODE 7020-02-P