[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14149-14150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04555]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for public comments.

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SUMMARY: In June 2015, the Government of the United States received a 
request from the Government of Chile to modify the U.S.-Chile Free 
Trade Agreement (FTA) rules of origin for woven fabrics of artificial 
filament yarn in subheadings 5408.22-5408.23 of the Harmonized Tariff 
Schedule of the United States (HTSUS) to allow the use of non-U.S. or 
Chilean filament yarn of viscose rayon classified in subheadings 
5403.10, 5403.31, 5403.32, and 5403.41 of the HTSUS. In July 2015, CITA 
solicited public comments on this request, in particular with regard to 
whether filament yarn of viscose rayon classified in subheadings 
5403.10, 5403.31, 5403.32, and 5403.41 can be supplied by the domestic 
industry in commercial quantities in a timely manner. No information 
was received at that time indicating that domestic industry could 
supply the subject yarns. Subsequently, the United States and Chile 
have continued to consult regarding the subject rule change. In 
November 2022, the Government of Chile reiterated its interest in 
advancing the subject rule change. Given the period of time that has 
elapsed since CITA initially solicited public comments on this request, 
CITA is again soliciting public comments to determine if the subject 
yarns can be supplied by the domestic industry in commercial quantities 
in a timely manner. The President may proclaim a modification to the 
U.S.-Chile FTA rules of origin only after reaching an agreement with 
Chile on the modification and after other domestic processes are 
completed to implement the modification.

DATES: Comments must be submitted by April 6, 2023.

ADDRESSES: Submit comments to the Chairman, Committee for the 
Implementation of Textile Agreements, Room 30003, United States 
Department of Commerce, Washington, DC 20230. Public versions of such 
comments may be submitted electronically to [email protected]. Interested 
persons who wish to submit business confidential information 
electronically should contact [email protected] for instructions 
for secure online submission.

FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2043 or [email protected].

SUPPLEMENTARY INFORMATION: 
    Authority: Section 204 of the Agricultural Act of 1956, as amended 
(7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended; 
Section 202 of the U.S.-Chile Free Trade Agreement Implementation Act 
(19 U.S.C. 3805).

Background

    Under the U.S.-Chile Free Trade Agreement (FTA), each country is 
required to eliminate customs duties on textile and apparel goods that 
qualify as originating goods under the FTA rules of origin, which are 
set out in Annex 4.1 to the FTA. Article 3.20 of the FTA provides that 
the rules of origin for textile and apparel products may be amended 
through a subsequent agreement between the two countries under certain 
circumstances. In the consultations regarding such a change, the two 
countries are to consider issues of availability 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. Section 202 of the U.S.-Chile FTA Implementation Act provides 
the President with the authority to proclaim modifications to the FTA 
rules of origin as are necessary to implement an agreement with Chile 
on such a modification.
    In June 2015, the Government of the United States received a 
request for consultations from the Government of Chile for the purpose 
of considering whether the FTA rules of origin for woven fabrics of 
artificial filament yarn in subheadings 5408.22-5408.23 of the HTSUS 
should be modified to allow the use of non-U.S. or Chilean filament 
yarn

[[Page 14150]]

of viscose rayon. The request alleged that filament yarn of viscose 
rayon classified in subheadings 5403.10, 5403.31, 5403.32, and 5403.41 
of the HTSUS cannot be supplied by the domestic industry in commercial 
quantities in a timely manner. In 80 FR 44076 (July 24, 2015), CITA 
solicited public comments regarding this request, particularly with 
respect to whether filament yarn of viscose rayon can be supplied by 
the domestic industry in commercial quantities in a timely manner. No 
information was received at that time indicating that domestic industry 
could supply the subject yarns.
    Subsequently, the United States and Chile have continued to consult 
regarding the subject rule change. In November 2022, the Government of 
Chile reiterated its request for the subject rule change. Accordingly, 
CITA is again soliciting public comments on the request to determine if 
the subject yarns can be supplied by the domestic industry in 
commercial quantities in a timely manner.
    Comments must be received no later than April 6, 2023. Interested 
persons are invited to submit such comments or information to the 
Chairman, Committee for the Implementation of Textile Agreements, Room 
30003, U.S. Department of Commerce, 14th and Constitution Avenue NW, 
Washington, DC 20230. Public versions of such comments may be submitted 
electronically to [email protected]. Interested persons who wish to 
submit business confidential information electronically should contact 
[email protected] for instructions for secure online submission.
    If a comment alleges that filament yarn of viscose rayon 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 the 
filament yarn of viscose rayon 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. Persons submitting comments on a request should 
include a non-confidential version that summarizes the information 
included in the confidential version.

Jennifer Knight,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2023-04555 Filed 3-6-23; 8:45 am]
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