[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Pages 45746-45747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18119]


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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 (USAFTA)

July 30, 2008.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for Public Comments concerning a request to expand the 
scope of a 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 26, 2008, CITA published in the Federal Register a 
request for public comment on a commercial availability petition from 
Gentry Mills that there be a modification to the rules of origin for a 
certain viscose/polyester blended yarn (73 FR 10227). No public 
comments were received alleging that viscose rayon fiber could be 
supplied in commercial quantities in a timely manner. Subsequently, the 
United States requested consultations with the Government of Australia 
on its proposal to modify the rule of origin for 5510.90.2000 to allow 
the use of non-U.S. and non-Australian viscose rayon fiber. In those 
consultations, the Government of Australia proposed expanding the scope 
of the U.S. proposal for a modification to the rule of origin. The 
Government of Australia proposes that the modification to the rule of 
origin be applied to all yarns of subheading 5510.90 of the Harmonized 
Tariff Schedule of the United States (HTSUS).
    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 proposal to expand the scope of the 
rule of origin modification to all yarns in HTSUS subheading 5510.90 to 
allow the use of non-U.S. and non-Australian viscose rayon fiber. 
Comments must be submitted by September 5, 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 progressively 
eliminate customs duties on originating goods. See Article 2.3.1. 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. See Article 4.2.4 of the 
USAFTA.
    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

[[Page 45747]]

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).
    On February 1, 2008, the Chairman of CITA received a request from 
Gentry Mills, alleging that certain viscose rayon fiber, classified in 
HSTUS subheading 5504.10.0000, 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. On February 26, 2008, CITA published in 
the Federal Register a request for public comment on the proposed 
modification (73 FR 10227). No public comments were received alleging 
that viscose rayon fiber could be supplied in commercial quantities in 
a timely manner. Subsequently, the United States requested 
consultations with the Government of Australia on Gentry Mills' 
request. In those consultations, the Government of Australia proposed 
expanding the scope of the modification of the rule of origin to all 
yarns under HTSUS subheading 5510.90 to allow the use of non-U.S. and 
non-Australian viscose rayon fiber.
    CITA is soliciting public comments regarding this proposal to 
expand the scope of the rule of origin modification to all yarns in 
HTSUS subheading 5510.90 to allow the use of non-U.S. and non-
Australian viscose rayon fiber. Comments must be received no later than 
September 5, 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.
    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. E8-18119 Filed 8-5-08; 8:45 am]
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