81 FR 22236 - Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Federal Register Volume 81, Issue 73 (April 15, 2016)
Federal Register Volume 81, Issue 73 (April 15, 2016)
| Page Range | 22236-22237 | |
| FR Document | 2016-08632 |
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)] [Notices] [Pages 22236-22237] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08632] ======================================================================= ----------------------------------------------------------------------- COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Request for public comments concerning a request for modification of the U.S.-Morocco Free Trade Agreement (USMFTA) rules of origin for dresses, skirts, blouses and tops made from certain woven fabric. ----------------------------------------------------------------------- SUMMARY: The Government of the United States received a request from the Government of Morocco, dated March 1, 2016, on behalf of ARYANS to initiate consultations under Article 4.3.3 of the USMFTA. The Government of Morocco is requesting that the United States and Morocco (``the Parties'') consider revising the rules of origin for dresses, skirts, blouses and tops to address availability of supply of certain woven fabric in the territories of the Parties. The President of the United States may proclaim a modification to the USMFTA rules of origin for textile and apparel products after the United States reaches an agreement with the Government of Morocco on a modification under Article 4.3.6 of the USMFTA to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. CITA hereby solicits public comments on this request, in particular with regard to whether certain woven fabric can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. DATES: Comments must be submitted by May 16, 2016 to the Chairman, Committee for the Implementation of Textile Agreements, Room 30003, United States Department of Commerce, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-1550. SUPPLEMENTARY INFORMATION: Authority: Section 203 (j)(2)(B)(i) of the United States-- Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note) (USMFTA Implementation Act); Executive Order 11651 of March 3, 1972, as amended. Background: Article 4.3.3 of the USMFTA provides that, on the request of either 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 4.3.4 of the USMFTA, each Party shall consider data presented by the other Party that demonstrate 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. [[Page 22237]] The USMFTA Implementation Act provides the President with the authority to proclaim as part of the HTSUS, modifications to the USMFTA rules of origin set out in Annex 4-A of the USMFTA as are necessary to implement an agreement with Morocco under Article 4.3.6 of the USMFTA, subject to the consultation and layover requirements of Section 104 of the USMFTA Implementation Act. See Section 203(j)(2)(B)(i) of the USMFTA Implementation Act. 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. 37 FR 4699 (March 4, 1972). The Government of the United States received a request from the Government of Morocco, dated March 1, 2016, on behalf of ARYANS, requesting that the United States consider whether the USMFTA rule of origin for dresses, skirts, blouses and tops classified in HTSUS chapter 62, should be modified to allow the use of 87%-93% cotton/5%-9% polyester/2%-4% elastane woven fabric classified in subheading 5209.42 of the HTSUS that is not originating under the USMFTA. CITA is soliciting public comments regarding this request, particularly with respect to whether 87%-93% cotton/5%-9% polyester/2%- 4% elastane woven fabric described above can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be received no later than May 16, 2016. Interested persons are invited to submit such comments or information electronically to [email protected], and/or in hard copy to: Chairman, Committee for theImplementation of Textile Agreements, Room 30003, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC 20230. If comments include business confidential information, commenters must submit a business confidential version in hard copy to the Chairman of CITA, and also provide a public version, either in hard copy or electronically. CITA will protect any information that is marked business confidential from disclosure to the full extent permitted by law. All public versions of the comments will be posted on OTEXA's Web site for Commercial Availability proceedings under the Morocco FTA: http://otexa.trade.gov/Morocco_CA.htm. Joshua Teitelbaum, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 2016-08632 Filed 4-14-16; 8:45 am] BILLING CODE 3510-DR-P
![22236 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
earlier disclosure. See Daniels, 144 F.3d of written description, the examiner skirts, blouses and tops made from
at 1456 (stating, ‘‘In general, precedent would need to thoroughly analyze and certain woven fabric.
establishes that although the applicant discuss any affidavits or declarations
‘does not have to describe exactly the filed by applicant that are relevant to SUMMARY: The Government of the
subject matter claimed, . . . the the 35 U.S.C. 112(a) written description United States received a request from
description must clearly allow persons requirement. See In re Alton, 76 F.3d the Government of Morocco, dated
of ordinary skill in the art to recognize 1168, 1176 (Fed. Cir. 1996). March 1, 2016, on behalf of ARYANS to
that [the applicant] invented what is initiate consultations under Article 4.3.3
claimed.’ ’’) (citations omitted). See also IV. Request for Public Comments of the USMFTA. The Government of
Owens, 710 F.3d at 1368 (quoting Ariad, The USPTO is requesting written Morocco is requesting that the United
598 F.3d at 1351). public comments on the USPTO’s States and Morocco (‘‘the Parties’’)
When making this determination, the proposed approach for applying the consider revising the rules of origin for
examiner would consider what the written description requirement in dresses, skirts, blouses and tops to
original/earlier application, in its design applications as discussed in this address availability of supply of certain
totality (e.g., including the title, any notice. Because the USPTO is woven fabric in the territories of the
descriptive statements, and the considering providing examples after Parties. The President of the United
drawings), would have reasonably reviewing public comments on the States may proclaim a modification to
conveyed to an ordinary designer at the proposed approach, the USPTO also is the USMFTA rules of origin for textile
time of the invention, and how an requesting specific examples that the and apparel products after the United
ordinary designer in the art would have public believes would be helpful to States reaches an agreement with the
designed the article that is the subject of illustrate the proposed approach or any Government of Morocco on a
the design claim. Such considerations suggested approach for applying the modification under Article 4.3.6 of the
can include the nature and intended use written description requirement in USMFTA to address issues of
of the article embodying the claimed design applications. In particular, the availability of supply of fibers, yarns, or
design as identified by the title or USPTO is seeking examples from the fabrics in the territories of the Parties.
description (see, e.g., MPEP § 1503.01 I public that demonstrate adequate CITA hereby solicits public comments
(9th ed. 2015)). If, based on these written description as well as examples on this request, in particular with regard
considerations, the examiner determines that demonstrate a lack of written to whether certain woven fabric can be
that an ordinary designer would not description. Additionally, examples of supplied by the U.S. domestic industry
recognize upon reviewing the complete situations in which the presence or lack in commercial quantities in a timely
original/earlier application the later- of written description is not readily manner.
claimed design in the original/earlier apparent, i.e., examples that are close to DATES: Comments must be submitted by
disclosure, the examiner would reject the line between adequate written May 16, 2016 to the Chairman,
the claim for lack of written description description and insufficient written Committee for the Implementation of
(or in the case of a priority or benefit description, would be most helpful. Textile Agreements, Room 30003,
claim, the application would not be Once the USPTO has considered the United States Department of Commerce,
entitled to the earlier date). comments and examples received, the Washington, DC 20230.
Since the Office has the initial burden
USPTO will determine how best to FOR FURTHER INFORMATION CONTACT:
of establishing a prima facie case of lack
proceed in view of the public feedback Maria D’Andrea, Office of Textiles and
of written description, should an
on the proposed approach for applying Apparel, U.S. Department of Commerce,
examiner determine that a rejection is
appropriate, the examiner must set forth the written description requirement in (202) 482–1550.
express findings of fact which support design applications. SUPPLEMENTARY INFORMATION:
the lack of written description Dated: April 8, 2016. Authority: Section 203 (j)(2)(B)(i) of the
determination (see MPEP § 2163 for Michelle K. Lee, United States—Morocco Free Trade
examination guidelines pertaining to the Under Secretary of Commerce for Intellectual Agreement Implementation Act (19 U.S.C.
written description requirement). Upon Property and Director of the United States 3805 note) (USMFTA Implementation Act);
reply by applicant, before rejecting the Patent and Trademark Office. Executive Order 11651 of March 3, 1972, as
amended.
claim again under 35 U.S.C. 112(a) for [FR Doc. 2016–08760 Filed 4–14–16; 8:45 am]
lack of written description, the BILLING CODE 3510–16–P
Background: Article 4.3.3 of the
examiner would need to review the USMFTA provides that, on the request
basis for the rejection in view of the of either Party, the Parties shall consult
record as a whole, including to consider whether the rules of origin
amendments, arguments, and any COMMITTEE FOR THE applicable to a particular textile or
evidence submitted by applicant, such IMPLEMENTATION OF TEXTILE apparel good should be revised to
as affidavits or declarations. AGREEMENTS address issues of availability of supply
If the record as a whole demonstrates of fibers, yarns, or fabrics in the
that the written description requirement Request for Public Comment on a territories of the Parties. In the
is satisfied, the rejection would not be Commercial Availability Request Under consultations, pursuant to Article 4.3.4
repeated in the next Office action. If, on the U.S.-Morocco Free Trade of the USMFTA, each Party shall
the other hand, the record does not Agreement consider data presented by the other
asabaliauskas on DSK3SPTVN1PROD with NOTICES
demonstrate that the written description Party that demonstrate substantial
is adequate to support the claim, the AGENCY: Committee for the production in its territory of a particular
examiner again would reject the claim Implementation of Textile Agreements fiber, yarn, or fabric. The Parties shall
under 35 U.S.C. 112(a), fully respond to (CITA). consider that there is substantial
applicant’s rebuttal arguments, and ACTION: Request for public comments production if a Party demonstrates that
properly treat any further showings concerning a request for modification of its domestic producers are capable of
submitted by applicant in the reply. the U.S.-Morocco Free Trade Agreement supplying commercial quantities of the
When rejecting the claim again for lack (USMFTA) rules of origin for dresses, fiber, yarn, or fabric in a timely manner.
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![Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices 22237
The USMFTA Implementation Act proceedings under the Morocco FTA: Authority: Section 203 (j)(2)(B)(i) of the
provides the President with the http://otexa.trade.gov/Morocco_CA.htm. United States—Morocco Free Trade
authority to proclaim as part of the Agreement
Joshua Teitelbaum,
HTSUS, modifications to the USMFTA Implementation Act (19 U.S.C. 3805 note)
Chairman, Committee for the Implementation (USMFTA Implementation Act); Executive
rules of origin set out in Annex 4–A of of Textile Agreements.
the USMFTA as are necessary to Order 11651 of March 3, 1972, as amended.
[FR Doc. 2016–08632 Filed 4–14–16; 8:45 am]
implement an agreement with Morocco Background: Article 4.3.3 of the
BILLING CODE 3510–DR–P
under Article 4.3.6 of the USMFTA, USMFTA provides that, on the request
subject to the consultation and layover of either Party, the Parties shall consult
requirements of Section 104 of the COMMITTEE FOR THE to consider whether the rules of origin
USMFTA Implementation Act. See IMPLEMENTATION OF TEXTILE applicable to a particular textile or
Section 203(j)(2)(B)(i) of the USMFTA AGREEMENTS apparel good should be revised to
Implementation Act. Executive Order address issues of availability of supply
11651 established CITA to supervise the Request for Public Comment on a of fibers, yarns, or fabrics in the
implementation of textile trade Commercial Availability Request Under territories of the Parties. In the
agreements and authorizes the the U.S.-Morocco Free Trade consultations, pursuant to Article 4.3.4
Chairman of CITA to take actions or Agreement of the USMFTA, each Party shall
recommend that appropriate officials or consider data presented by the other
agencies of the United States take AGENCY: Committee for the Party that demonstrate substantial
actions necessary to implement textile Implementation of Textile Agreements production in its territory of a particular
trade agreements. 37 FR 4699 (March 4, (CITA). fiber, yarn, or fabric. The Parties shall
1972). ACTION: Request for public comments consider that there is substantial
concerning a request for modification of production if a Party demonstrates that
The Government of the United States
the U.S.-Morocco Free Trade Agreement its domestic producers are capable of
received a request from the Government supplying commercial quantities of the
(USMFTA) rules of origin for certain
of Morocco, dated March 1, 2016, on fiber, yarn, or fabric in a timely manner.
women’s pants made from certain
behalf of ARYANS, requesting that the The USMFTA Implementation Act
woven fabrics.
United States consider whether the provides the President with the
USMFTA rule of origin for dresses, SUMMARY: The Government of the authority to proclaim as part of the
skirts, blouses and tops classified in United States received a request from HTSUS, modifications to the USMFTA
HTSUS chapter 62, should be modified the Government of Morocco, dated rules of origin set out in Annex 4–A of
to allow the use of 87%–93% cotton/ March 9, 2016, on behalf of MODALINE the USMFTA as are necessary to
5%–9% polyester/2%–4% elastane HOLDING to initiate consultations implement an agreement with Morocco
woven fabric classified in subheading under Article 4.3.3 of the USMFTA. The under Article 4.3.6 of the USMFTA,
5209.42 of the HTSUS that is not Government of Morocco is requesting subject to the consultation and layover
originating under the USMFTA. that the United States and Morocco requirements of Section 104 of the
CITA is soliciting public comments (‘‘the Parties’’) consider revising the USMFTA Implementation Act. See
regarding this request, particularly with rules of origin for women’s pants to Section 203(j)(2)(B)(i) of the USMFTA
respect to whether 87%–93% cotton/ address availability of supply of certain Implementation Act. Executive Order
5%–9% polyester/2%–4% elastane woven fabrics in the territories of the 11651 established CITA to supervise the
woven fabric described above can be Parties. The President of the United implementation of textile trade
supplied by the U.S. domestic industry States may proclaim a modification to agreements and authorizes the
in commercial quantities in a timely the USMFTA rules of origin for textile Chairman of CITA to take actions or
manner. Comments must be received no and apparel products after the United recommend that appropriate officials or
later than May 16, 2016. States reaches an agreement with the agencies of the United States take
Government of Morocco on a actions necessary to implement textile
Interested persons are invited to
modification under Article 4.3.6 of the trade agreements. 37 FR 4699 (March 4,
submit such comments or information USMFTA to address issues of 1972).
electronically to OTEXA_MoroccoFTA@ availability of supply of fibers, yarns, or The Government of the United States
trade.gov, and/or in hard copy to: fabrics in the territories of the Parties. received a request from the Government
Chairman, Committee for CITA hereby solicits public comments of Morocco, dated March 9, 2016, on
theImplementation of Textile on this request, in particular with regard behalf of MODALINE HOLDING,
Agreements, Room 30003, U.S. to whether certain woven fabrics can be requesting that the United States
Department of Commerce, 14th and supplied by the U.S. domestic industry consider whether the USMFTA rule of
Constitution Avenue NW., Washington, in commercial quantities in a timely origin for women’s pants classified in
DC 20230. manner. HTSUS heading 6204 should be
If comments include business modified to allow the use of certain
DATES: Comments must be submitted by
confidential information, commenters woven fabrics that are not originating
May 16, 2016 to the Chairman,
must submit a business confidential under the USMFTA. The fabrics subject
Committee for the Implementation of
version in hard copy to the Chairman of to this request are:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Textile Agreements, Room 30003,
CITA, and also provide a public version, Fabric 1: 45%–52% polyester, 45%–
United States Department of Commerce,
either in hard copy or electronically. 52% rayon, 1%–7% spandex woven
Washington, DC 20230.
CITA will protect any information that synthetic bi-stretch fabric, classified in
is marked business confidential from FOR FURTHER INFORMATION CONTACT: subheading 5515.11 of the HTSUS;
disclosure to the full extent permitted Maria D’Andrea, Office of Textiles and Fabric 2: 60%–68% polyester, 29%–
by law. All public versions of the Apparel, U.S. Department of Commerce, 37% rayon, 1%–7% spandex woven
comments will be posted on OTEXA’s (202) 482–1550. poly-viscose fabric, classified in
Web site for Commercial Availability SUPPLEMENTARY INFORMATION: subheading 5515.11 of the HTSUS;
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Document Created: 2016-04-15 00:55:23
Document Modified: 2016-04-15 00:55:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for public comments concerning a request for modification of the U.S.-Morocco Free Trade Agreement (USMFTA) rules of origin for dresses, skirts, blouses and tops made from certain woven fabric. | |
| Dates | Comments must be submitted by May 16, 2016 to the Chairman, Committee for the Implementation of Textile Agreements, Room 30003, United States Department of Commerce, Washington, DC 20230. | |
| Contact | Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-1550. | |
| FR Citation | 81 FR 22236 |
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