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CITA Requests Comments on Petition to Modify NAFTA Rules of Origin for Sanitary Articles Containing Certain Rayon Fiber

The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by June 28, 2004 on a petition it received from Procter & Gamble requesting a modification of the North American Free Trade Agreement (NAFTA) rules of origin, which are set out in Annex 401 to the NAFTA, for sanitary articles made from certain tri-lobal rayon staple fiber.

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Petitioner Alleges Subject Fiber Is Not Commercially Available in Timely Manner

According to CITA, Procter & Gamble has alleged that tri-lobal rayon staple fiber (38 mm, 3.3 decitex), classified under HTS 5504.10, cannot be supplied by the domestic industry in commercial quantities in a timely manner, and has requested that CITA consider whether the NAFTA rule of origin for sanitary articles classified under HTS 5601.10.20 (Cat 669) should be modified to allow the use of non-North American staple fiber of the type described above.

CITA explains that it may make a recommendation to the President regarding a change to a rule of origin for a textile or apparel good, pursuant to the Statement of Administrative Action (SAA) that accompanied the NAFTA Implementation Act. The President may proclaim a modification to the NAFTA rules of origin, among other things, only after reaching an agreement with the other NAFTA countries on the modification.

CITA states that it is particularly seeking comments on whether the subject fiber can be supplied by the domestic industry in commercial quantities in a timely manner. If a comment alleges that the subject fiber can be so supplied, CITA will closely review any supporting documentation, such as a signed statement by a manufacturer of the subject fiber stating that it produces the subject fiber, 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 contact - Martin Walsh (202) 482-2818

CITA notice (FR Pub 05/28/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-12168.pdf