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Office of Textiles and Apparel (OTEXA)

  



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FREE TRADE AGREEMENTS

NAFTA Commercial Availability

NAFTA Annex 300-B, Section 7 (2) allows the NAFTA partner countries to amend the rules of origin for certain textile and apparel products based on the commercial availability of a fiber, yarn or fabric in the NAFTA region.

If two or more NAFTA partner countries reach an agreement that a certain textile product is not commercially available from suppliers in the NAFTA region, then the rule of origin for the end use product is modified to allow the fiber, yarn or fabric to be sourced from outside the NAFTA region.

Frequently Asked Questions (FAQs)

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For additional information, please contact Maria Goodman or Laurie Mease at the U.S. Department of Commerce, Office of Textiles and Apparel at 202-482-3400 or by email.

DISCLAIMER: The following documents are provided as a convenience to users of the Internet.  We will seek to include all requests for commercial availability treatment that have been accepted for consideration and all comments on such petitions that were received within the comment period.  Business confidential information will not be included. 






Approved:

Viscose rayon staple fiber - for use in sanitary towels or tampons

  • Product found not commercially available: Viscose rayon staple fiber - 5504.1
  • End-use restriction: Sanitary towels or napkins - 5601.1
  • Petition: Filed by Johnson & Johnson Consumer Products Co., December 19, 2005
  • Request for Public Comments (Federal Register Notice)
  • Implemented: U.S. and Mexican implementation as of October 2, 2009; Canadian implementation as of September 1, 2009.
  • Presidential Proclamation 8405
  • ITC Publication #4095 (see item #62, pages 27-28).

    Status: Approved & Implemented, effective October 2, 2009




    Viscose rayon staple fiber - for use in nonwoven wipes
  • Product found not commercially available: Viscose Rayon Staple Fiber - 5504.1
  • End-use restriction: Nonwoven wipes - 5603.91, 5603.92, 5603.93, 5603.94
  • Petition: Filed by Polymer Group, Inc. and subsidiary Chicopee, Inc., October 28, 2005
  • Request for Public Comments (Federal Register Notice)
  • Implemented: U.S. and Mexican implementation as of October 2, 2009; Canadian implementation as of September 1, 2009.
  • Presidential Proclamation 8405
  • ITC Publication #4095 (see item #62, pages 27-28).

    Status: Approved & Implemented, effective October 2, 2009



    Acrylic staple fiber - for use in certain upholstery fabrics
  • Product found not commercially available: Acrylic staple fiber, not carded or combed (or otherwise processed for spinning) - 5503.30.0000
  • End-use restriction: Certain upholstery fabrics - 5806.36.0000
  • Petition: Filed by Quaker Fabric Corporation, October 24, 2005
  • Request for Public Comments (Federal Register Notice)
  • Comments from Benchmarks, Inc. on the behalf of Celulosa Y Derivados S.A. and Kaltex fibers S.A.
  • Presidential Proclamation 8323 - See Note 17 and Annex B.
  • Federal Register Notice of Effective Date for Goods of Mexico for Certain Modifications of the NAFTA Rules of Origin (LINK) (Effective date for U.S. and Canada: July 1, 2009)

    Status: Approved and Implemented, effective July 1, 2009




    Certain woven fabrics - for use in woven boxer shorts
  • Product found not commercially available: Certain woven cotton and cotton blend fabrics (see list of fabrics and HTS classifications here)
  • End-use restriction: woven boxer shorts - 6207.11 through 6207.19
  • Petition: Filed by Robinson Mfg. Co., March 1, 2005
  • 03/25/2005 Request for Public Comments (Federal Register Notice)
  • Presidential Proclamation 8111 of March 6, 2007
  • 08/02/2007 Notice of Effective Date for Goods of Mexico for Certain Modifications of the NAFTA Rules of Origin (Federal Register Notice)

    Status: Approved & Implemented, July 30, 2007



    Viscose rayon filament yarns - for use in certain woven fabrics
  • Product found not commercially available: Viscose rayon filament yarns - 5403
  • End-use restriction: Woven fabrics of artificial filament yarns - 5408
  • Petition: Filed by Government of Mexico, May 14, 2004
  • Request for Public Comments (Federal Register Notice)
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.

    Status: Approved & Implemented, July 1, 2005



    Dry-spun acrylic staple fibers - for use in woven warp pile fabrics
  • Product found not commercially available: Dry-spun acrylic staple fibers - 5502.3
  • End-use restriction: Woven warp pile fabric - 5801.35
  • Petition: Filed by Government of Canada, November 12, 2005
  • Request for Public Comments (Federal Register Notice)
  • Comments from the American Fiber Manufactures Association.
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.

    Status: Approved & Implemented, July 1, 2005



    Tri-lobal rayon staple fiber - for use in feminine hygiene products (U.S. and Canada only)
  • Product found not commercially available: Tril-lobal rayon staple fiber - 5504.10.00
  • End-use restriction: Feminine hygiene products - 5604.10.20
  • Petition: Filed by Proctor & Gamble, May 18,2004
  • Request for Public Comments (Federal Register Notice)
  • Comments from the American Fiber Manufactures Association.
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.

    Status: Approved & Implemented, effective July 1, 2005



    Certain nylon filament yarn - for use in gimped yarn (US and Canada only)
  • Product not commercially available: Nylon filament yarn - 5402.41.9040
  • End-use restriction: Gimped yarn - 5606
  • Petition: Filed by Unifi Inc., September 15, 2003
  • Request for Public Comments (Federal Register Notice)
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.

    Status: Approved & Implemented, July 1, 2005.



    Combed Fine Animal Hair of Yarns of Carded Cashmere and Camelhair, or Yarns of Combed Fine Animal Hair - for use in certain woven fabrics (US and Canada only)
  • Product not commercially available: Carded cashmere and camelhair yarns - 5108.10.60
  • End-use restriction: Certain woven fabrics from combed fine animal hair - 5111.11 through 5111.19
  • Petition: Filed by Amicale, July 10, 2003
  • Request for Public Comments (Federal Register Notice)
  • Comments from the National Textile Association.
  • Product not commercially available: Yarns of Combed Fine Animal Hair - 5108.20.60
  • End-use restriction: Certain woven fabrics from combed fine animal hair - 5112.116030, 5112.19.9510, 5112.19.9520, 5112.19.9530
  • Petition: Filed by Amicale, July 10, 2003
  • Request for Public Comments (Federal Register Notice)
  • Comments from Warren Corporation.
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.


    Status: Approved & Implemented, effective July 1, 2005




    Synthetic Acid-dyeable Acrylic Tow - for use in certain acrylic yarns
  • Product not commercially available: Synthetic acid-dyeable acrylic tow - 5501.30
  • End-use restriction: Certain acrylic yarns - 5509.31
  • Petition: Filed by National Spinning Company, Inc., July 2, 2002
  • Request for Public Comments (Federal Register Notice)
  • Comments from The American Yarn Spinners Association, Inc.
  • Implemented with Canada, effective July 1, 2005. See Annex IV (pp. 37978 & 37979) of Presidential Proclamation 7912.



    Pending:


    Acrylic staple fiber - for use in man-made thread and yarn

  • Product claimed to be not commercially available: Acrylic and modacrylic staple fiber - 5503.30.00
  • Proposed end-use restriction: Certain man-made fiber yarns and threads - Yarns: 5509.31.00, 5509.32.00, 5509.61.00, 5509.62.00, 5509.69.20 through 5509.69.60; Thread: 5508.10.00
  • Petition: Filed by the Government of Canada, June 10, 2008
  • Request for Public Comments (Federal Register Notice)
  • Request from USTR to the International Trade Commission.
  • Notice of Initiation of Investigation by the International Trade Commission (submissions due October 2, 2009)

    Status: Reviewing ITC Investigation Report (issued December 2009)



    Solution-dyed, wet spun acrylic fiber - for use in warp pile fabric
  • Product claimed to be not commercially available: Solution-dyed, wet spun acrylic fiber - 5503.30
  • Proposed end-use restriction: Warp pile fabric - 5801.35
  • Petition: Filed by Glen Raven Custom Fabrics, January 14, 2008
  • Request for Public Comments (Federal Register Notice)
  • Comments from AMTAC
  • Comments from Kaltex Fibers, S.A
  • Rebuttal from Glen Raven
  • Rebuttal from Kaltex Fibers, S.A.
  • Second Rebuttal from Glen Raven
  • Request from USTR to the International Trade Commission.
  • Notice of Initiation of Investigation by the International Trade Commission (submissions due October 2, 2009)

    Status: Reviewing ITC Investigation Report (issued December 2009)




    Certain rayon fiber (other than Lyocell) - for use in certain textile articles
  • Product claimed to be not commercially available: Rayon fiber (other than lyocell)
  • Proposed end-use restriction: Certain textile articles in chapters 52, 54, 55, and 56 (see descriptions of end-use products here)
  • Petition: Filed by the National Textile Association, October 16, 2007
  • 01/09/2008, Addendum to Petition
  • Exhibits
  • Request for Public Comments (Federal Register Notice)
  • Comments from NCTO
  • Comments from Brand Felt
  • Comments from INDA (Association of the Nonwoven Fabrics Industry)
  • Request from USTR to the International Trade Commission.
  • Notice of Initiation of Investigation by the International Trade Commission (submissions due October 2, 2009)

    Status: Reviewing ITC Investigation Report (issued December 2009)



    Acrylic staple fiber - for use in certain acrylic pile fabric
  • Product claimed to be not commercially available: Acrylic staple fiber - 5503.30
  • Proposed end-use restriction: Acrylic pile fabric - 6001.10
  • Petition: Filed by Monterey Mills, October 29, 2007
  • Request for Public Comments (Federal Register Notice)
  • Comments from Kaltex Fibers, S.A. de C. V.
  • Rebuttal Comments from Monterey Mills, Inc.
  • Additional Rebuttal Comments from Monterey Mills, Inc.
  • Request from USTR to the International Trade Commission.
  • Notice of Initiation of Investigation by the International Trade Commission (submissions due October 2, 2009)

    Status: Reviewing ITC Investigation Report (issued December 2009)



    Man-made staple fiber and tow - for use in textile flock
  • Product claimed to be not commercially available: Man-made staple fiber and tow - (see product descriptions and HTS classifications here)
  • Proposed end-use restriction: Textile flock - 5601.30
  • Petition: Filed by Cellusuede Products, Inc., December 21, 2005
  • Request for Public Comments (Federal Register Notice)
  • Comments from the American Fiber Manufacturers Association, Inc.
  • Comments from Cellusuede Products, Inc.
  • Request from USTR to the International Trade Commission.
  • Notice of Initiation of Investigation by the International Trade Commission (submissions due October 2, 2009)

    Status: Reviewing ITC Investigation Report (issued December 2009).




    Status: Approved & Implemented, July 1, 2005.







    Withdrawn/Closed:


    Yarn-Dyed Poplin Fabric - for use in apparel
  • Petition: Filed by Cintas Corporation, August 5, 2009
  • Request for Public Comments (Federal Register Notice)

    Status: Petition Withdrawn (July 5, 2011)



    Woven Jacquard Acetate Rayon Fabric - for use in certain woven men's and boys apparel
  • Petition: Filed by Oxford Industries, April 29, 2008
  • Request for Public Comments (Federal Register Notice)
  • Comments from Keystone Weaving Mills, Inc.
  • Comments from Eastman Chemical Company
  • Withdrawal: Filed by Oxford Industries, August 18, 2008

    Status: Petition Withdrawn



    Cellulose acetate filament yarn - for use in certain woven fabrics
  • Petition: Filed by the Government of Mexico, July 16, 2006
  • Request for Public Comments (Federal Register Notice)
  • Comments from Canaintex.
  • Comments from the Eastman Chemical company

    Status: Consultations closed. No agreement reached to change rule of origin.



    Acrylic staple fiber - for use in certain acrylic blankets
  • Petition: Filed by Biederlack of America, Corp., March 17, 2006
  • Request for Public Comments (Federal Register Notice)
  • Comments from Benchmarks, Inc.

    Status: No determination necessary, as the subject goods met NAFTA Rules of Origin for "self produced" fabrics.



    Plain weave cotton/polyester woven fabric - for use mens' and boys' shirts (request to remove commercial availability designation for subject product)
  • Petition: Filed by American Textile Manufacturing Institute, February 19,2002
  • Request for Public Comments (Federal Register Notice)
  • Comments from Rode & Qualey.
  • Comments from Kellwood.
  • Comments from School Apparel.
  • Comments from the American Textile Manufacturers Institute (ATMI).
  • Comments from Sara Lee.
  • Comments from Phillips - Van Heusen.

    Status: Did not proceed to consultations. No change to rule of origin.




    Certain untextured (flat) nylon filament yarn - for use in gimped yarn
  • Petition: Filed by Unifi, Inc., August 29, 2001
  • Request for Public Comments (Federal Register Notice)
  • Comments from the American Yarn Spinners Association, Inc.
  • Comments from UNIFI, Inc.
  • Comments from Dupont.
  • Comments from the American Textile Manufacturers Institute (ATMI).
  • Withdrawal of Commercial Availability Request (letter from UNIFI, Inc.)
  • Withdrawal of Commercial Availability Request (Federal Register Notice)

    Status: Petition Withdrawn