Notice2024-08691
Request for Public Comment on a Commercial Availability Request Under the United States-Mexico-Canada Agreement
Primary source
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Published
April 24, 2024
Issuing agencies
Committee for the Implementation of Textile Agreements
Abstract
On February 20, 2024, the Government of the United States ("United States") received a request from the Government of Canada ("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.
Full Text
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<title>Federal Register, Volume 89 Issue 80 (Wednesday, April 24, 2024)</title>
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[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31145-31147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#cb849f8e938ae59e9886888a8bbfb9aaafaee5aca4bd"><span class="__cf_email__" data-cfemail="1b544f5e435a354e4856585a5b6f697a7f7e357c746d">[email protected]</span></a>. 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,
<a href="/cdn-cgi/l/email-protection#1f537e6a6d767a31527a7e6c7a5f6b6d7e7b7a31787069"><span class="__cf_email__" data-cfemail="602c01151209054e2d050113052014120104054e070f16">[email protected]</span></a> or (202) 482-2043.
For Further Information Online: <a href="https://www.trade.gov/fta-commercial-availability-usmca">https://www.trade.gov/fta-commercial-availability-usmca</a>.
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 <a href="/cdn-cgi/l/email-protection#3c736879647d12696f717f7d7c484e5d5859125b534a"><span class="__cf_email__" data-cfemail="7c332839243d52292f313f3d3c080e1d1819521b130a">[email protected]</span></a>. If
interested persons are unable to submit comments electronically, please
contact Laurie Mease at <a href="/cdn-cgi/l/email-protection#81cde0f4f3e8e4afcce4e0f2e4c1f5f3e0e5e4afe6eef7"><span class="__cf_email__" data-cfemail="14587561667d713a59717567715460667570713a737b62">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#a3efc2d6d1cac68deec6c2d0c6e3d7d1c2c7c68dc4ccd5"><span class="__cf_email__" data-cfemail="612d00141308044f2c040012042115130005044f060e17">[email protected]</span></a> 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:
<a href="https://www.trade.gov/fta-commercial-availability-usmca">https://www.trade.gov/fta-commercial-availability-usmca</a>.
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
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