[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71123-71124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24281]


=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

December 11, 2007.
AGENCY: 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 textile filaments, staple 
yarns, and woven fabrics and nonwoven and other textile articles from 
rayon fiber.

-----------------------------------------------------------------------

SUMMARY: On October 16, 2007, the Chairman of CITA received a request 
from the National Textile Association (NTA), alleging that certain 
rayon fibers (other than ``lyocell'') 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 textile filaments, staple yarns, 
and woven fabrics, classified under chapters 52, 54 and 55 of the 
Harmonized Tariff Schedule of the United States (HTSUS) and nonwoven 
and other textile articles of chapter 56, should be modified to allow 
the use of non-North American rayon fibers (other than ``lyocell''). 
CITA is also considering a broad change in the rule of origin for all 
other textile products to allow the use of non-North American rayon 
fibers (other than ``lyocell''). The President may proclaim a 
modification to the NAFTA rules of origin under these circumstances to 
implement an agreement with the other NAFTA countries on the 
modification. CITA hereby solicits public comments on this request, in 
particular with regard to whether rayon fibers (other than ``lyocell'') 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be submitted by (January 14, 2008 to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
3001, United States Department of Commerce, Washington, DC 20230.

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

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 for the Parties to consult to consider issues of availability 
of supply of fibers, yarns or fabrics in the free trade area. See NAFTA 
Annex 300-B, Section 7.2(a). The NAFTA implementing legislation 
authorizes the President to modify the rules of origin pursuant to any 
agreement reached by the NAFTA Parties, as provided in Section 7.2(a) 
of Annex 300-B. See Section 202(q)(3)(A) of the NAFTA Implementation 
Act. The Statement of Administrative Action (SAA) that accompanies the 
NAFTA Implementation Act stated that any interested person may submit 
to CITA a

[[Page 71124]]

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 16, 2007, the Chairman of CITA received a request from 
the National Textile Association (NTA), alleging that certain rayon 
fibers (other than ``lyocell'') 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 textile filaments, staple yarns, and woven 
fabrics, classified under chapters 52, 54 and 55 of the Harmonized 
Tariff Schedule of the United States (HTSUS) and nonwoven and other 
textile articles of chapter 56, should be modified to allow the use of 
non-North American rayon fibers (other than ``lyocell''). CITA is also 
considering a broad change in the rule of origin for all other textile 
products to allow the use of non-North American rayon fibers (other 
than ``lyocell'').
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the rayon fiber described above 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be received no later than January 14, 
2008. 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 rayon fibers 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 3001 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.

R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E7-24281 Filed 12-13-07; 8:45 am]
BILLING CODE 3510-DS