[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10227-10228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3620]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comment on a Commercial Availability Request 
under the U.S.-Australia Free Trade Agreement

February 20, 2008.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for Public Comments concerning a request for 
modification of the U.S.-Australia Free Trade Agreement (USAFTA) rules 
of origin for a viscose/polyester blended yarn.

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SUMMARY: On February 1, 2008, the Chairman of CITA received a request 
from Gentry Mills, alleging that certain viscose rayon fiber, 
classified in subheading 5504.10.0000 of the Harmonized Tariff Schedule 
of the United States (HTSUS), cannot be supplied by the domestic or 
Australian industry in commercial quantities in a timely manner and 
requesting that CITA consider whether the USAFTA rule of origin for 52% 
viscose/48% polyester blended yarn, classified under HTSUS subheading 
5510.90.2000 should be modified to allow the use of non-U.S. and non-
Australian viscose rayon fiber. The President may proclaim a 
modification to the USAFTA rules of origin for textile and apparel 
products after reaching an agreement with the Government of Australia 
on the modification. CITA hereby solicits public comments on this 
request, in particular with regard to whether viscose rayon fiber of 
HTSUS 5504.10.0000 can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
March 27, 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: Anna Flaaten, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-4058.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 USC 1854); Section 203 (o)(2)(B)(i) of the United States 
- Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 
note) (USAFTA Implementation Act); Executive Order 11651 of March 3, 
1972, as amended.

BACKGROUND:

    Under the USAFTA, the parties are required to eliminate customs 
duties on textile and apparel goods that qualify as originating goods 
and meet the rules of origin set out in Annex 4-A to the USAFTA. The 
USAFTA provides that, after consultations, the parties may agree to 
revise the rules of origin for textile and apparel products to address 
issues of availability of supply of fibers, yarns, or fabrics in the 
free trade area. See Article 4.2.5 of the USAFTA. In the consultations, 
each party must consider data presented by the other party showing 
substantial production of the good. Substantial production has been 
shown if domestic producers are capable of supplying commercial 
quantities of the good in a timely manner.
    The USAFTA Implementation Act provides the President with the 
authority to proclaim modifications to the USAFTA rules of origin as 
are necessary to implement the agreement after complying with the 
consultation and layover requirements of section 104 of the USAFTA 
Implementation Act. See section 203(o)(2)(B)(i) of the USAFTA 
Implementation Act. Executive Order 11651 established CITA to supervise 
the implementation of textile trade agreements and authorizes the 
Chairman of CITA to take actions or recommend that the United States 
take actions necessary to implement textile trade agreements. 37 FR 
4699 (March 4, 1972).

[[Page 10228]]

    On February 1, 2008, the Chairman of CITA received a request from 
Gentry Mills, alleging that certain viscose rayon fiber, classified 
under subheading 5504.10.0000 of the HTSUS, cannot be supplied by the 
domestic or Australian industry in commercial quantities in a timely 
manner and requesting that CITA consider whether the USAFTA rule of 
origin for 52% viscose/48% polyester blended yarn of HTSUS subheading 
5510.90.2000 should be modified to allow the use of non-U.S. and non-
Australian viscose rayon fiber of HTSUS 5504.10.0000.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the viscose 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 March 27, 
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 3001, U.S. Department of 
Commerce, 14th and Constitution Avenue, N.W., Washington, DC 20230.
    If a comment alleges that viscose rayon 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 viscose rayon 
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. In addition, non-confidential versions of the 
request and non-confidential versions of any public comments will be 
posted for public review on the Office of Textiles and Apparel 
(``OTEXA'') website (otexa.ita.doc.gov). 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. E8-3620 Filed 2-25-08; 8:45 am]
BILLING CODE 3510-DS