[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53843-53844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21692]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; Interim 
Procedures for Considering Requests and Comments From the Public Under 
the Commercial Availability Provision of the United States-Korea Free 
Trade Agreement

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before November 5, 
2012.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Maria D'Andrea, Office of Textiles and Apparel, U.S. 
Department of Commerce, Tel. (202) 482-4058, [email protected], Fax. (202) 482-0667.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States and Korea negotiated the US-Korea Free Trade 
Agreement (the ``Agreement'') which was implemented into U.S. law 
pursuant to the United States-Korea Free Trade Agreement Implementation 
Act (``the Act''). Under the provisions of the Act, textile and apparel 
goods must contain fibers, yarns, and fabrics produced in Korea or the 
United States to receive duty-free tariff treatment. The Agreement also 
provides for the establishment of a list of specific fibers, yarns, and 
fabrics that are not available in commercial quantities in a timely 
manner from producers in the United States. Articles containing these 
commercially unavailable fibers, yarns, and fabrics are also entitled 
to duty-free or preferential duty treatment despite not being produced 
in the United States.
    The list of commercially unavailable fabrics, yarns, and fibers may 
be changed pursuant to the commercial availability provision of the 
Agreement and the Act. Under Section 202(o) of the Act (``the 
commercial availability provision''), interested entities from Korea or 
the United States have the right to request that a specific fiber, 
yarn, or fabric be added to, or removed from, the list of commercially 
unavailable fibers, yarns, and fabrics. This right becomes effective 
when the Agreement enters into force.
    Section 202(o)(3)(F) of the Act requires that the President 
establish procedures for parties to follow when exercising the right to 
make these requests. The President delegated the responsibility for 
publishing the procedures and administering commercial availability 
requests to the Committee for the Implementation of Textile Agreements 
(CITA), which issues procedures and acts on requests through the Office 
of Textiles and Apparel (``OTEXA'').
    The intent of these procedures is to foster the trade in U.S. and 
Korean textile and apparel articles by allowing non-originating fibers, 
yarns, and fabrics to be placed on or removed from a list of items not 
available in commercial quantities, on a timely basis, and in a manner 
that is consistent with normal business practice. To this end, these 
procedures are intended to facilitate the transmission, on a timely 
basis, of requests for commercial availability determinations and 
offers to supply the products that are the subject of the requests; 
have the market indicate the availability of the supply of the subject 
products; make available promptly, to interested entities and parties, 
information received regarding the requests for products and offers to 
supply; ensure wide participation by interested entities and parties; 
provide careful scrutiny of information provided to substantiate order 
requests and responses of offers to supply; and provide timely public 
dissemination of information used by CITA in making commercial 
availability determinations.
    For a fiber, yarn or fabric to be added to Appendix 4-B-1, an 
interested entity must submit to CITA a Request for a Commercial 
Availability Determination (``Request'') which states that the subject 
product is not commercially available in the United States within a 
commercially reasonable timeframe (i.e., timely). In support of its 
claim, the requestor must provide information to CITA regarding its 
attempts to source the subject product in the United States, and why it 
determined that the product is not available in a timely manner. 
Potential suppliers from the United States may submit a Response with 
an Offer to Supply (``Response''), asserting their capability and 
capacity to supply the subject product. These Responses must include 
information supporting the capability and capacity assertion. If the 
requestor disputes a responder's assertions, the requestor may submit a 
Rebuttal comment offering its contention, along with supporting 
information and documentation.
    The information collected by CITA from Requests, Responses and 
Rebuttals will be used to determine whether the subject product is 
available in commercial quantities in a timely manner in the United 
States under the commercial availability provision of the Act. 
Requests, Responses, and Rebuttals must identify confidential 
information.

[[Page 53844]]

Entities submitting confidential information in their Requests, 
Responses, or Rebuttals to CITA must submit both a public and a 
confidential version of their submissions. If the submissions are 
accepted, the public submissions or public versions of submissions will 
be posted on the dedicated commercial availability section of the 
OTEXA's Web site. Business confidential information will not be shared 
with the public. Requestors and potential suppliers of the product 
named in the Request may use the public version as a basis for 
Responses and Rebuttals.
    Each submission containing factual information for CITA's 
consideration must be accompanied by the appropriate certification 
regarding the accuracy of the factual information. With each electronic 
and original signed submission that contains factual information, an 
interested entity must file a certification of due diligence, attesting 
to the accuracy and authenticity of the submission. If the interested 
entity has legal counsel or other representative, the legal counsel or 
other representative must also file a certification of due diligence 
with each electronic and original signed submissions that contains 
factual information. Accurate representations of material facts 
submitted to CITA for the Commercial Availability Proceeding are vital 
to the integrity of this process and are necessary for CITA's effective 
administration of the statutory scheme. Each submission containing 
factual information for CITA's consideration must be accompanied by the 
appropriate certification regarding the accuracy of the factual 
information. Any submission that lacks the applicable certifications 
will be considered an incomplete submission that CITA will reject and 
return to the submitter. CITA may verify any factual information 
submitted by interested entities in a Commercial Availability 
Proceeding.

II. Method of Collection

    All submissions for a commercial availability proceeding pursuant 
to these procedures (e.g., Commercial Availability Request, Response, 
Rebuttal, and Request to Remove) must be in English. If any attachments 
are in a language other than English, a complete translation must be 
provided. Each submission must be submitted to the Chairman of CITA, in 
care of the U.S. Department of Commerce's Office of Textiles and 
Apparel in two forms: email and an original signed submission. An email 
version of the submission must be either in PDF or Word format, must 
contain an adequate public summary of any business confidential 
information and the due diligence certification, and should be sent to 
[email protected]. The email version of the submission will be 
posted for public review on KOREA FTA Commercial Availability Web site. 
No business confidential information should be submitted in the email 
version of any document.
    Brackets must be placed around all business confidential 
information contained in submissions. Documents containing business 
confidential information must have a bolded heading stating 
``Confidential Version.'' Attachments considered business confidential 
information must have a heading stating ``Business Confidential 
Information.'' Documents, including those submitted via email, provided 
for public release must have a bolded heading stating ``Public 
Version'' and all the business confidential information must be deleted 
from public versions, and substituted with an adequate public summary.

III. Data

    OMB Control Number: 0625-0270.
    Form Number(s): None.
    Type of Review: Regular submission (extension of a currently 
approved information collection).
    Affected Public: Individuals or households; Business or other for-
profit organizations).
    Estimated Number of Respondents: 16.
    Estimated Time Per Response: 8 hours for Request for Commercial 
Availability Determination; 2 hours for Response to a Request; and 1 
hour for Rebuttal.
    Estimated Total Annual Burden Hours: 89.
    Estimated Total Annual Cost to Public: $3,440.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: August 29, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2012-21692 Filed 8-31-12; 8:45 am]
BILLING CODE 3510-DS-P