[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 72993-72994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7077]


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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)

December 2, 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 nonwoven wipes made from 
viscose rayon staple fiber.

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SUMMARY: On October 28, 2005, the Chairman of CITA received a request 
from Alston & Bird LLP, on behalf of Polymer Group, Inc. (PGI), 
alleging that rayon viscose staple fiber, classified in subheading 
5504.10 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 North 
American Free Trade Agreement (NAFTA) rule of origin for nonwoven wipes 
classified under HTSUS subheadings 5603.91, 5603.92, 5603.93 and 
5603.94 should be modified to allow the use of non-North American 
viscose rayon staple fiber.
    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 January 9, 
2006 to the Chairman, Committee for the Implementation of Textile 
Agreements, Room 3001, United States Department of Commerce, 
Washington, DC 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. See 
Section 202(q) of the NAFTA Implementation Act. 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. NAFTA Implementation Act, SAA, H. Doc. 103-159, 
Vol. 1, at 491 (1993). 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. SAA at 491. 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. See section 
202(q) of the NAFTA Implementation Act.
    On October 28, 2005 the Chairman of CITA received a request from 
Alston & Bird LLP, on behalf of Polymer Group, Inc. (PGI), alleging 
that rayon viscose staple fiber, classified in subheading 5504.10 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 nonwoven wipes classified under HTSUS subheadings 5603.91, 
5603.92, 5603.93 and 5603.94 should be modified to allow the use of 
non-North American viscose rayon staple fiber. The petitioner requested 
that the modification be effective for entries made on or after October 
1, 2005, the date they alleged all rayon production ended in the United 
States.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether viscose rayon staple fiber can be 
supplied by the domestic industry in commercial quantities in a timely 
manner. Comments must be received no later than January 9, 2006. 
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 viscose 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 stating that it produces fiber 
that is 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-

[[Page 72994]]

confidential version and a non-confidential summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-7077 Filed 12-7-05; 8:45 am]
BILLING CODE 3510-DS-P