[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]               
[Page 27803-27804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my08-47]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Request for Public Comment on Short Supply Petition under the 
North American Free Trade Agreement (NAFTA)

May 9, 2008.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Request for Public Comments concerning a request for 
modification of the NAFTA rules of origin for certain woven jacquard 
acetate rayon fabric for use in certain men's apparel.

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SUMMARY: On May 2, 2008, the Chairman of CITA received a request from 
Oxford Industries, Inc., alleging that certain woven jacquard acetate 
rayon fabrics, of the specifications listed below, classified under 
subheading 5408.23.2930 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and requesting that CITA 
consider whether the NAFTA rule of origin for certain men's apparel, 
classified under certain HTSUS Chapter 62 subheadings (6203.11, 
6203.12, 6203.19, 6203.22, 6203.23, 6203.29, 6203.31, 6203.32, 6203.33, 
and 6203.39), should be modified to allow the use of non-North American 
woven jacquard acetate rayon fabric. The President may proclaim a 
modification to the NAFTA rules of origin only after reaching an 
agreement with the other NAFTA countries on the modification. CITA 
hereby solicits public comments on this request, in particular with 
regard to whether certain woven jacquard acetate rayon fabrics, of the 
specifications listed below, classified under subheading 5408.23.2930, 
can be supplied by the domestic industry in commercial quantities in a 
timely manner. Comments must be submitted by June 13, 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: Martin Walsh or Maria Dybczak,

[[Page 27804]]

International Trade Specialists, Office of Textiles and Apparel, U.S. 
Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 USC 1854); Section 202(q) of the North American Free 
Trade Agreement Implementation Act (19 USC 3332(q)); Executive Order 
11651 of March 3, 1972, as amended.

BACKGROUND:

    Under the NAFTA, NAFTA countries are required to eliminate customs 
duties on textile and apparel goods that qualify as originating goods 
under the NAFTA rules of origin, which are set out in Annex 401 to the 
NAFTA. The NAFTA provides that the rules of origin for textile and 
apparel products may be amended through a subsequent agreement by the 
NAFTA countries. See Section 202(q) of the NAFTA Implementation Act. In 
consultations regarding such a change, the NAFTA countries are to 
consider issues of availability of supply 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. The 
Statement of Administrative Action (SAA) that accompanied the NAFTA 
Implementation Act stated that any interested person may submit to CITA 
a request for a modification to a particular rule of origin based on a 
change in the availability in North America of a particular fiber, yarn 
or fabric and that the requesting party would bear the burden of 
demonstrating that a change is warranted. NAFTA Implementation Act, 
SAA, H. Doc. 103-159, Vol. 1, at 491 (1993). The SAA provides that CITA 
may make a recommendation to the President regarding a change to a rule 
of origin for a textile or apparel good. SAA at 491. The NAFTA 
Implementation Act provides the President with the authority to 
proclaim modifications to the NAFTA rules of origin as are necessary to 
implement an agreement with one or more NAFTA country on such a 
modification. See section 202(q) of the NAFTA Implementation Act.
    On May 2, 2008, the Chairman of CITA received a request from Oxford 
Industries, Inc., alleging that certain woven jacquard acetate rayon 
fabrics, of the specifications listed below, classified under 
subheading 5408.23.2930 of the Harmonized Tariff Schedule of the United 
States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner and requesting that CITA 
consider whether the NAFTA rule of origin for certain men's apparel, 
classified under certain HTSUS Chapter 62 subheadings, should be 
modified to allow the use of non-North American woven jacquard acetate 
rayon fabric.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether the woven jacquard acetate rayon 
fabrics described above can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be received no 
later than June 13, 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 3100, U.S. Department of 
Commerce, 14th and Constitution Avenue, N.W., Washington, DC 20230.
    If a comment alleges that these woven jacquard acetate rayon 
fabrics 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 fabric 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. Persons submitting comments on a request are 
encouraged to include a non-confidential version and a non-confidential 
summary.

Specifications:




HTS Classification:                    5408.23.2930
Overall fiber content:                 55% Acetate (warp), 45% Rayon
                                        (filling)
Yarn size:                             .................................
  Warp:                                75 denier;
  Filling:                             120 denier
Yarn number:                           .................................
  Warp:                                146 single threads/inch (57.5
                                        single threads/cm)
  Filling:                             80 single threads/inch (31.5
                                        single threads/cm)
Weight:                                2.59 ounces/square yard (88 grams/
                                        square meter)
Width:                                 55 inches (including selvedge)
Weave type:                            Jacquard of 2 or more color yarns
Finish:                                Yarn dyed and not coated



R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E8-10807 Filed 5-13-08; 8:45 am]

BILLING CODE 3510-DS-S