[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31145-31147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08691]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comment on a Commercial Availability Request 
Under the United States-Mexico-Canada Agreement

AGENCY: Committee for the Implementation of Textile Agreements.

ACTION: Notice; request for public comments.

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SUMMARY: On February 20, 2024, the Government of the United States 
(``United States'') received a request from the Government of Canada

[[Page 31146]]

(``Canada'') to initiate consultations under Article 6.4.1 of the 
United States-Mexico-Canada Agreement (``USMCA''). Canada is requesting 
that the United States and Mexico (with Canada, collectively ``the 
Parties'') consider changing the rules of origin for certain end-use 
fabrics used in the production of fire hose based on the lack of 
commercial availability for certain high-tenacity polyester yarns in 
the territories of the Parties. The yarns are described as high-
tenacity polyester yarn, single or multiple, multifilament, untwisted, 
untextured, and measuring more than 920 decitex, used in the production 
of fire hose, with or without lining, armor or accessories of other 
materials. The President of the United States may proclaim a 
modification to the USMCA rules of origin for textile and apparel 
products if the United States reaches an agreement with Canada and 
Mexico on a modification under Article 6.4.3 of the USMCA to address 
issues of availability of supply of fibers, yarns, or fabrics in the 
territories of the Parties. The President authorized, in Presidential 
Proclamation 10053 (July 1, 2020), the Committee for the Implementation 
of Textile Agreements (``CITA'') to review requests for modifications 
to a rule of origin for textile and apparel goods based on a change in 
the availability of the textile or apparel good in the territory of the 
Parties, and to make a recommendation as to whether a requested 
modification is warranted. CITA hereby solicits public comments on this 
request to modify the USMCA rules of origin, particularly regarding 
whether certain high-tenacity polyester yarns used in the production of 
fire hose can be supplied by the U.S. domestic industry in commercial 
quantities in a timely manner.

DATES: Comments must be submitted by May 24, 2024.

ADDRESSES: Submit public comments electronically to the Chairman, 
Committee for the Implementation of Textile Agreements at 
[email protected]. Please see the instructions below for 
information on other means of submission and/or the submission of 
comments containing business confidential information.

FOR FURTHER INFORMATION CONTACT: Laurie Mease, Office of Textiles and 
Apparel (``OTEXA''), U.S. Department of Commerce, 
[email protected] or (202) 482-2043.
    For Further Information Online: https://www.trade.gov/fta-commercial-availability-usmca.

SUPPLEMENTARY INFORMATION: 
    Authority: Article 6.4 of the USMCA; Section 103(c)(5)(B)(ii) of 
the United States-Mexico-Canada Agreement Implementation Act (``USMCA 
Implementation Act''); Executive Order 11651 of March 3, 1972, as 
amended; Presidential Proclamation 10053 of July 1, 2020 (85 FR 39826).
    Background: Under the USMCA, the Parties are required to eliminate 
customs duties on textile and apparel goods that qualify as originating 
goods under the USMCA rules of origin, which are set out in Annex 4-B 
of the USMCA. Article 6.4.1 of the USMCA provides that, on the request 
of a Party, the Parties shall consult to consider whether the rules of 
origin applicable to a particular textile or apparel good should be 
revised to address issues of availability of supply of fibers, yarns, 
or fabrics in the territories of the Parties. In the consultations, 
pursuant to Article 6.4.2 of the USMCA, each Party shall consider the 
data presented by the other Parties demonstrating substantial 
production in its territory of a particular fiber, yarn, or fabric. The 
Parties shall consider that there is substantial production if a Party 
demonstrates that its domestic producers are capable of supplying 
commercial quantities of the fiber, yarn, or fabric in a timely manner.
    The USMCA Implementation Act provides the President with the 
authority to proclaim, as part of the Harmonized Tariff Schedule of the 
United States, such modifications to the USMCA rules of origin set out 
in Annex 4-B of the USMCA as are necessary to implement an agreement 
with Canada and Mexico under Article 6.4.3 of the USMCA, subject to the 
consultation and layover requirements of Section 104 of the USMCA 
Implementation Act. (See section 103(c)(5)(B)(ii) of the United States-
Mexico-Canada Agreement Implementation Act, Pub. L. 116-113.)
    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 appropriate officials or 
agencies of the United States take actions necessary to implement 
textile trade agreements. (See 37 FR 4699 (March 3, 1972), reprinted as 
amended in 7 U.S.C. 1854 note.). The President authorized CITA to 
``review requests for modifications to a rule of origin for textile and 
apparel goods based on a change in the availability in the territories 
of the [Parties] of a particular fiber, yarn, or fabric'' and to 
recommend to the President ``whether a requested modification to a rule 
of origin for a textile good based on a change in the availability of a 
particular fiber, yarn, or fabric is warranted'' in Presidential 
Proclamation 10053.
    The President may use this recommendation from CITA as part of the 
consultations with the Parties regarding the proposed change to the 
USMCA rules of origin.
    On February 20, 2024, Canada submitted a request to the United 
States and Mexico to consult on whether the USMCA rule of origin for 
certain end-use fabrics for use in fire hose should be modified to 
allow the use of certain high-tenacity polyester yarns that are not 
originating under the USMCA. The yarns subject to this request and 
their specific end uses are described below.

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                                                Input product
                                               classification,                                        End-use
                                                  harmonized                                          product
          Input product description            tariff schedule     End use product description    classification
                                                 of the U.S.                                          (HTSUS)
                                                   (HTSUS)
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High-tenacity polyester yarn, single or                5402.20  Fire hose, with or without                  5909
 multiple, multifilament, untwisted,                             lining, armor or accessories of
 untextured, and measuring more than 920                         other materials.
 decitex.
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    CITA is soliciting public comments on this request, particularly 
with respect to whether the yarns described above can be supplied by 
the U.S. domestic industry in commercial quantities in a timely manner. 
If a comment alleges that the yarn described above can be supplied by a 
U.S. supplier in commercial quantities in a timely manner, OTEXA, which 
provides staff support to CITA, will closely review any supporting 
documentation, such as a signed statement by a manufacturer of the yarn 
stating that it produces the yarn that is the subject of this request,

[[Page 31147]]

information on quantities that can be supplied and the time necessary 
to fill an order, as well as any relevant information on past 
production.
    Complete comments, including any attachments and submissions 
containing confidential business information (CBI), must be received no 
later than May 24, 2024.
    Interested persons are invited to submit comments not containing 
CBI electronically to the Chairman of the Committee for the 
Implementation of Textile Agreements at [email protected]. If 
interested persons are unable to submit comments electronically, please 
contact Laurie Mease at [email protected] or 202-482-2043 for 
instructions on other means of submission.
    For those seeking to submit comments with CBI for government use 
only, please clearly mark such submissions as CBI and submit an 
accompanying version redacting the CBI to be made public. Submissions 
containing CBI may be submitted electronically through the Department 
of Commerce's secure online file sharing tool. Access to the secure 
electronic system will be by invitation only. Interested persons 
planning to file a submission containing CBI should contact Laurie 
Mease at [email protected] for instructions before submitting any 
documents (either public or confidential versions) to CITA.
    CITA will protect any information that is marked business 
confidential from disclosure to the full extent permitted by law. 
Information marked as business confidential will be shared with OTEXA 
staff tasked with reviewing responses to this request for comment, and 
may be shared with CITA members, at the request of the CITA member, as 
they consider making a recommendation with respect to a modification of 
the USMCA rules of origin. CBI will not be shared with representatives 
of the Governments of Canada and Mexico during consultation among the 
Parties as they consider whether to modify the USMCA rules of origin, 
as discussed above.
    Public versions of all comments received will be posted on OTEXA's 
website for commercial availability proceedings under the USMCA: 
https://www.trade.gov/fta-commercial-availability-usmca.

Jennifer Knight,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2024-08691 Filed 4-23-24; 8:45 am]
BILLING CODE 3510-DR-P