[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9315-9319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1734]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Interim Procedures for Considering Requests Under the Commercial 
Availability Provision to the Dominican Republic-Central America-United 
States Free Trade Agreement

February 21, 2006.

AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Notice of Interim Procedures and Request for Comments.

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SUMMARY: This notice sets forth the interim procedures the Committee 
for the Implementation of Textile Agreements (``CITA'') will follow in 
implementing certain provisions of the Dominican Republic-Central 
America-United States Free Trade Agreement (``CAFTA-DR'' or 
``Agreement'') Implementation Act. Section 203(o)(4) of the CAFTA-DR 
Implementation Act establishes procedures for the President to modify 
the list of fabrics, yarns, or fibers not available in commercial 
quantities in a timely manner in the countries that are Parties to the 
CAFTA-DR, as set out in Annex 3.25 of the CAFTA-DR. The President has 
delegated to CITA the authority to determine whether fabrics, yarns, or 
fibers are not available in commercial quantities in a timely manner in 
CAFTA-DR countries and has directed CITA to establish procedures that 
govern the submission of a request and provide the opportunity for 
interested entities to submit comments and supporting evidence in any 
such determination pursuant to the CAFTA-DR Implementation Act. This 
notice hereby gives notice to interested entities of the procedures 
CITA will follow in considering such requests and solicits public 
written comments on these procedures. Comments must be received not 
later than March 9, 2006 of this notice to the Chairman, Committee for 
the Implementation of Textile Agreements, Room 3100, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230.

EFFECTIVE DATE: The date of entry into force of the Dominican-Central 
America-United States Free Trade Agreement.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204(o)(4) of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act 
(``CAFTA-DR'') the Statement of Administrative Action (``SAA''), 
accompanying the CAFTA-DR, at 16-20.

Background

    The CAFTA-DR provides a list in Annex 3.25 of the Agreement for 
fabrics, yarns, and fibers that the Parties to the Agreement have 
determined are not available in commercial quantities in a timely 
manner from producers in the United States or other CAFTA-DR countries. 
A textile and apparel good containing fabrics, yarns, or fibers that is 
included in Annex 3.25 of the Agreement will be treated as if it is an 
originating good for purposes of the specific rules of origin in Annex 
4.1 of the Agreement, regardless of the actual origin of those inputs. 
However, all other fabrics, yarns, or fibers of the component that 
determines the classification of the good must meet the specific rules 
of origin in Annex 4.1 of the Agreement. The CAFTA-DR provides that the 
President will establish procedures governing the submission of 
requests and may determine whether additional fabrics, yarns, or fibers 
are available or are not available in commercial quantities in a timely 
manner in the United States or the other CAFTA-DR countries. In 
addition, the CAFTA-DR establishes that the President may remove a 
fabric, yarn, or fiber from the list, if it has been added to the list 
in an unrestricted quantity pursuant to section 203(o), if he 
determines that the fabric, yarn, or fiber has become available in 
commercial quantities in a timely manner.
    The SAA provides that the President will delegate to CITA his 
authority under section 203(o)(4) of the Agreement (``Commercial 
Availability Provision''), to establish procedures for modifying the 
list of fabrics, yarns, or fibers not available in commercial 
quantities in a timely manner for

[[Page 9316]]

Agreement countries, as set out in Annex 3.25 of the Agreement.
    These procedures are not subject to the requirement to provide 
prior notice and opportunity for public comment, pursuant to 5 U.S.C. 
553(b)(A) (Administrative Procedures Act).

Procedures for Considering Requests

1. Introduction
    The intent of the CAFTA-DR Commercial Availability Procedures is to 
foster the use of U.S. and CAFTA-DR products by implementing procedures 
that allow products to be placed on or removed from a product list, on 
a timely basis, and in a manner that is consistent with normal business 
practice. To this end, these procedures are intended to facilitate the 
transmission, on a timely basis, of order requests and offers to supply 
such requests; have the market indicate the availability of the supply 
of products that are the subject of requests; make available promptly, 
to interested entities and parties, information regarding the requests 
for products and offers received; ensure wide participation by 
interested entities and parties; provide careful scrutiny of 
information provided to substantiate order requests and response 
offers; and provide timely public dissemination of information used by 
CITA in making commercial availability determinations.
2. Definitions
    (a) Commercial Availability Request. A ``Commercial Availability 
Request'' is a submission from an interested entity requesting that 
CITA place a good on the list in Annex 3.25 because that fiber, yarn, 
or fabric is not available in commercial quantities in a timely manner 
from a producer in the territory of any Party in the CAFTA-DR region.
    (b) Interested Entity. An ``interested entity'' means a government 
that is a Party to the Agreement, other than the United States; a 
potential or actual purchaser of a textile or apparel good; or a 
potential or actual supplier of a textile or apparel good. See section 
202(o)(4)(B)(i) of the CAFTA-DR.
    (c) Interested Party. An ``interested party'' means any interested 
entity that requests to be included on the e-mail notification list for 
Commercial Availability proceedings. Any interested entity may become 
an interested party by contacting CITA. See Office of Textile and 
Apparel, U.S. Department of Commerce, website for details at http://web.ita.doc.gov/tacgi/CABroadcast.nsf/Document?Openform or send an e-
mail to [email protected].
    (d) Official Receipt. The ``official receipt'' is CITA's e-mail 
confirmation that it has received both the e-mail version and the 
original submission signed by the interested entity delivered via 
express courier.
    (e) Request. A ``request'' refers to the Commercial Availability 
Request.
    (f) Request to Remove or Restrict. A ``request to remove or 
restrict'' is a submission from an interested entity requesting that 
CITA either remove a good or that a quantity restriction be introduced 
six months after a subject product has been added to Commercial 
Availability List in an unrestricted quantity pursuant to section 
203(o).
    (g) Requestor. The ``requestor'' refers to the interested entity 
that files a request, either a Commercial Availability Request or a 
Request to Remove or Restrict, under the CAFTA-DR Commercial 
Availability provision, for CITA's consideration.
    (h) Response with an Offer. A ``response with an offer'' is a 
submission from an interested entity to CITA providing its objection to 
the request or asserting its ability to supply the subject product by 
providing an offer to supply the subject product described in the 
request.
    (i) Rebuttal Comment. A ``rebuttal comment'' is a submission from 
an interested entity providing information in response to evidence or 
arguments raised in a response submission. Rebuttal comments must be 
limited to evidence and arguments provided in a response submission.
    (j) Single, fiber, yarn, or fabric. The term ``single fiber, yarn, 
or fabric'' means a single product, which may be only part of a 
Harmonized Tariff Schedule of the United States (``HTSUS'') provision.
    (k) U.S. Business day. A ``U.S. business day'' is any calendar day 
other than a Saturday, Sunday, or a legal holiday. See section 
202(o)(4)(B)(i) of the CAFTA-DR Implementation Act.
3. Submissions for Participation the U.S.-CAFTA-DR Commercial 
Availability Proceeding.
    (a) Filing Submission. All submissions for a CAFTA-DR Commercial 
Availability proceeding (e.g., Commercial Availability Request, 
Response with an Offer, Rebuttal Comments, and Request to Remove or 
Restrict) must be in English and must be submitted to the U.S. 
Department of Commerce's Office of Textiles and Apparel (``OTEXA'') in 
two forms:
    (1) an electronic-mail (``e-mail'') version of the submission must 
be either in Word or Word-Perfect format and must contain an adequate 
public summary of any business confidential information sent to [email protected], which will be posted for public review on the 
OTEXA's CAFTA-DR Commercial Availability website at 
http:otexa.ita.doc.gov. No business proprietary information should be 
submitted in the e-mail@ version of any document; and
    (2) the original signed submission must be received via express 
courier to--Chairman, Committee for the Implementation of Textile 
Agreements, Room H3100, U.S. Department of Commerce, 14th and 
Constitution Ave., N.W., Washington, DC 20230. Any business 
confidential information upon which an interested entity wishes to rely 
must be included in the original signed submission only.
    (3) Brackets must be placed around all business confidential 
information contained in submissions. Documents containing business 
confidential information must have a bolded heading stating 
``Confidential Version.'' Documents, including those submitted via e-
mail, provided for public release, must have a bolded heading stating 
``Public Version'' and all the business confidential information must 
be deleted and replaced with asterisks.
    (4) Generally, details, such as quantities and lead times for 
providing the subject product, can be treated as business confidential 
information. However, the names of manufacturers who were contacted, 
what was asked generally about the capability to manufacture the 
subject product, and the responses thereto should be publicly 
available.
    (b) Due Diligence Certification. An interested entity must file a 
certification of due diligence as described in subsection (b)(1) with 
each submission containing factual information. If the interested 
entity has legal counsel or other representative, the legal counsel or 
other representative must file a certification of due diligence as 
described in subsection (b)(2) with each submission containing factual 
information. Accurate representations of material facts submitted to 
CITA for the CAFTA-DR Commercial Availability proceeding are vital to 
the integrity of this process and are necessary for CITA's effective 
administration of the statutory scheme. Each submission containing 
factual information for CITA's consideration must be accompanied by the 
appropriate certification regarding the accuracy of the factual 
information. Any submission that lacks the applicable certifications 
will be considered an incomplete submission that CITA will reject and 
return to the submitter. CITA may verify any factual information 
submitted by interested entities in a CAFTA-DR Commercial Availability 
proceeding.
    (1) For the person responsible for

[[Page 9317]]

presentation of the factual information: I, (name and title), currently 
employed by (interested entity), certify that (1) I have read the 
attached submission, and (2) the information contained in this 
submission is, to the best of my knowledge, complete and accurate.
    (2) For the person's legal counsel or other representative: I, 
(name), of (law or other firm), counsel or representative to 
(interested party), certify that (1) I have read the attached 
submission, and (2) based on the information made available to me by 
(person), I have no reason to believe that this submission contains any 
material misrepresentation or omission of fact.
    (c) Official Receipt. A submission will be considered officially 
submitted to CITA only when both the e-mail version and the original 
signed submission have been received by CITA. CITA will confirm to the 
requestor and responder that both versions of the request were received 
and properly submitted by e-mail. CITA's e-mail confirmation shall be 
considered the ``official receipt'' of the submission, and also begins 
the statutory 30 U.S. business day process for CITA's consideration of 
requests.
4. Submitting a Request for Consideration in a Commercial Availability 
Proceeding.
    (a) Commercial Availability Request. An interested entity may 
submit a Commercial Availability request to CITA alleging that a fiber, 
yarn, or fabric is not available in commercial quantities in a timely 
manner from a producer in the territory of any Party in the U.S.-CAFTA-
DR region.
    (b) Contents of a Commercial Availability Request.
    (1) Detailed Product Information. The Commercial Availability 
request must provide a detailed description of the product subject to 
the request, including, if applicable, fiber content, construction, 
yarn size, and finishing processes; and the classification of the 
product under the HTSUS. All measurements must be stated in metric 
units.
    (2) Quantity. The Commercial Availability request must provide the 
specific quantity of the product needed by the requestor, in standard 
units of quantity for production of the subject product in the CAFTA-DR 
region.
    (3) Due Diligence. The Commercial Availability request must provide 
a complete description of the due diligence undertaken by the requestor 
to determine the subject product's availability in the CAFTA-DR region. 
Due diligence for the requestor means that it has made reasonable 
efforts to obtain the subject product from CAFTA-DR manufacturers. The 
requestor must provide the names and addresses of manufacturers 
contacted, who was specifically contacted, the exact request that was 
made, the dates of those contacts, whether a sample of the subject 
product was provided for review, and the exact response given for the 
manufacturer's inability to supply the subject product under the same 
conditions as contained in the Commercial Availability request 
submitted to CITA, in addition to any other information the requestor 
believes is relevant. The requestor must submit copies of relevant 
correspondence, both inquiries and responses, with these manufacturers. 
Specific details of correspondence with manufacturers, such as 
quantities and lead times for providing the subject product, can be 
treated as business confidential. However, the names of domestic 
manufacturers who were contacted, what was asked generally about the 
capability to manufacture the subject product, and the responses 
thereto should be available for public review to ensure proper public 
participation in the process.
    (4) Substitutable Products. The Commercial Availability request may 
provide, if relevant, the basis for the requestor's belief that other 
products that are supplied by the domestic industry in commercial 
quantities in a timely manner are not substitutable for the product(s) 
that is (are) the subject of the request for purposes of the intended 
use.
    (5) Additional Information. The Commercial Availability request may 
provide any additional evidence or information believed to be relevant 
for CITA to determine whether a fiber, yarn, or fabric is not available 
in commercial quantities in a timely manner from a producer in the 
territory of any Party in the CAFTA-DR region.
    (c) CITA will send e-mail confirmation of official receipt of the 
Commercial Availability request, which begins the statutory 30 U.S. 
business day process for considering the Commercial Availability 
request.
5. Consideration and Acceptance of a Request.
In considering whether to accept a request, CITA will consider and 
determine whether it provides all the required information specified 
section 4(b)(1)-(3) in these procedures. CITA will determine whether to 
accept the request for consideration and investigation not later than 
two U.S. business days after the official receipt of a request.
    (a) Request Rejected. If CITA determines that the request does not 
contain the required information, the requestor will be notified 
promptly by e-mail that the request has not been accepted and the 
reasons for the rejection. A request may be resubmitted with additional 
information for the subject product and CITA will reevaluate it as a 
new request.
    (b) Request Accepted. If CITA determines that the request contains 
the required information, CITA will notify interested parties by e-mail 
that a request has been filed. CITA will post the accepted request on 
its website for public notice.
6. Submitting a Response in a Commercial Availability Proceeding.
    (a) Response Submission. An interested entity may file a response 
submission to a request CITA accepted advising CITA of its objection to 
the request and its ability to supply the subject product by providing 
an offer to supply the subject product as described in the request. An 
interested entity will have 10 U.S. business days after official 
receipt of a request to respond to a request. CITA may, for good cause, 
extend the time limit, unless expressly precluded by statute.
    (b) Contents of a Response with an Offer.
    (1) Quantity. The response with an offer must supply the quantity 
of the requested subject product that the interested entity, e.g., a 
CAFTA-DR supplier(s) or manufacturer(s), is capable of currently 
supplying, in standard units of quantity. All measurements must be in 
metric units.
    (2) Production Capability. The response with an offer must report 
the quantity, in metric units, that the CAFTA-DR manufacturer produced 
in the preceding 24-month period of the requested subject product.
    (i) For products that have experienced cyclical demand or are not 
currently produced, the manufacturer should indicate the quantity that 
has been supplied or offered commercially in the past, with an 
explanation of the reasons it is not currently produced or offered.
    (ii) If the requestor has requested a new style, weight, or other 
variation that is new to the market, then the CAFTA-DR supplier(s) or 
manufacturer(s) should provide detailed information on its current 
ability to make the new product.
    (iii) If the CAFTA-DR supplier(s) or manufacturer(s) is making a 
new product that has not yet been offered to the market but could meet 
the requirements of the subject product, then the CAFTA-DR supplier(s) 
or manufacturer(s) needs to provide

[[Page 9318]]

detailed information regarding the product and its ability to meet a 
request.
    (iv) Substitutable Products. The response with an offer may 
provide, if relevant, the basis for the responder's belief that other 
products that are supplied by the domestic industry in commercial 
quantities in a timely manner are substitutable for the product(s) that 
is the subject of the request for purposes of the intended use.
    (3) Due Diligence. The response with an offer must provide a 
complete description of the due diligence undertaken by the CAFTA-DR 
supplier(s) or manufacturer(s) to substantiate the ability to supply 
the subject product.
    (i) In the case of new variations of a product, the supplier must 
substantiate the ability to manufacture the subject product. The 
supplier must provide sufficient detail of the manufacturing 
capabilities of the facility that will supply the subject product, in 
addition to any other information the supplier believes is relevant.
    (ii) If some operations, such as finishing, will be completed by 
other entities, the name of the facility and contact information must 
be provided.
    (4) Location of the CAFTA-DR supplier(s) or manufacturer(s). The 
response with an offer must provide the name, address, phone number, 
and e-mail address of a contact person at the facility claimed to be 
able to supply the subject product.
    (c) CITA will confirm official receipt of response submissions by 
e-mail to the responding interested entity.
7. Submitting Rebuttal Evidence.
    (a) Rebuttal Submission. Any interested entity may submit a 
rebuttal submission to a response submission. An interested entity must 
submit its rebuttal submission not later than 4 U.S. business days 
after the deadline for response submissions. If good cause is shown, 
CITA may extend the time limit.
    (b) Contents of a Rebuttal Submission. The rebuttal submission may 
respond only to evidence or arguments raised in the response submission 
and must identify the submission, evidence and/or arguments to which it 
is responding.
8. Determination Process.
    (a) Not later than 30 U.S. business days after official receipt of 
a request (or not later than 44 U.S. business days where an extension 
is provided pursuant to section 8(c)(4) of these procedures), CITA will 
notify interested parties by e-mail and the public on its website 
whether the subject product is available in commercial quantities in a 
timely manner in the CAFTA-DR area and whether an interested entity has 
objected to the request.
    (b) CITA will notify the public of the determination by publication 
in the Federal Register when the determination results in a change to 
the Commercial Availability List in Annex 3.25 of the Agreement.
    (c) Types of Determinations.
    (1) Denial. A denial means that CITA has determined that the 
subject product is available in commercial quantities in a timely 
manner in the CAFTA-DR area. If a request is denied, notice of the 
denial will be posted on the CAFTA Commercial Availability website at 
http://otexa.ita.doc.gov.
    (2) Approval in Unrestricted Quantity. An approval in unrestricted 
quantities means that CITA has determined that the subject product is 
not available in commercial quantities in a timely manner in the CAFTA-
DA area or that no interested entity has objected to the request. CITA 
will approve the request in an unrestricted quantity if CITA determines 
that no CAFTA-DR supplier(s) or manufacturer(s) could fulfill the 
request for the subject product.
    (i) If a request is approved without restriction, a notice will be 
published in the U.S. Federal Register not later than 30 U.S. business 
days after the official receipt of a request, adding the subject 
product to the Commercial Availability List in Annex 3.25 of the CAFTA-
DR.
    (ii) The effective date of the determination is the notice's date 
of publication in the U.S. Federal Register.
    (3) Approval in Restricted Quantity. An approval in restricted 
quantities means that CITA has determined that the subject product is 
not available in sufficient commercial quantities to supply the 
quantities stated in the request in a timely manner in the CAFTA-DR 
area. CITA may approve the request in a restricted quantity if CITA 
determines that a CAFTA-DR supplier(s) or manufacturer(s) could 
partially fulfill the request for the subject product.
    (i) If a request is approved with a restriction, a notice will be 
published in the Federal Register not later than the 30 U.S. business 
days after approval, adding the subject product to the Commercial 
Availability List in Annex 3.25 of the CAFTA-DR with a restricted 
quantity. The restricted quantity specifies the amount of the subject 
product that must be obtained from a CAFTA-DR supplier(s) or 
manufacturer(s) for the product to remain eligible for inclusion on the 
Commercial Availability List.
    (ii) The effective date of the determination will be the date of 
publication in the U.S. Federal Register.
    (iii) Elimination of the Restricted Quantity. Not later than six 
months after adding a product to the Commercial Availability List with 
a restricted quantity, CITA may eliminate the restriction if it 
determines that the subject product is not available in commercial 
quantities in a timely manner in the CAFTA-DR area.
    (A) Within this six-month period, CITA will determine whether the 
restricted quantity of the subject product specified in the original 
determination, which was based upon an offer presented by the CAFTA-DR 
supplier(s) or manufacturer(s), has been met. CITA will solicit 
comments from the CAFTA-DR supplier(s) or manufacturer(s) and requestor 
regarding the restricted quantity during the six-month period.
    (1) If the CAFTA-DR supplier(s) or manufacture(s)r was unable to 
provide the specifically offered amount, an explanation must be 
provided to CITA for its consideration of whether to eliminate the 
restriction.
    (2) In the event that the restricted amount was not obtained from 
the CAFTA-DR supplier(s) or manufacturer(s), CITA will notify 
interested entities, by e-mail not later than 30 U.S. business days 
before the six-month period expires, that it is considering elimination 
of the quantitative restrictions for the subject product on the 
Commercial Availability List.
    (3) Interested entities may provide information explaining the 
reasons for being unable to supply the specified offer, which CITA will 
consider in making a decision on whether to eliminate the quantitative 
restriction of the subject product.
    (B) If CITA determines to eliminate the restricted quantity, a 
notice will be published in the Federal Register.
(4) Insufficient Information to Determine. CITA will extend its time 
period for consideration of the request an additional 14 U.S. business 
days in the event that CITA determines, not later than 30 U.S. business 
days after official receipt of a request, that it has insufficient 
information to make a determination regarding the ability of a CAFTA-DR 
supplier(s) or manufacturer(s) to supply the request based on the 
submitted information. CITA will normally determine that it does not 
have sufficient information to make a determination on a request when 
CITA finds there is inconsistency in material information contained in 
the request, one or more reply offers to supply the subject product, 
and/or the rebuttal submissions. CITA will notify interested parties 
via e-mail that it has

[[Page 9319]]

extended the time period for CITA's consideration by 14 U.S. business 
days. CITA also will announce the extension on the website.
    (i) Process during Extension Period. During the extended time 
period, CITA will request that interested entities provide additional 
evidence to support their claims and information previously submitted 
to CITA and may meet with interested entities. Such evidence may 
include inter alia product samples, lab tests, detailed descriptions of 
product facilities, and comparisons of product performance in the 
intended end-use of the subject product.
    (ii) CITA also will consider evidence in support of claims that 
CAFTA-DR supplier(s) or manufacturer(s) can supply a substantially 
similar product to that specified in the request.
    (iii) CITA will make a determination, not later than 44 U.S. 
business days after the official receipt of a request whether to 
approve, approve with restriction, or deny the request and will follow 
the notification process accordingly.
    (5) Deemed Approval. In the unlikely event that CITA does not make 
a determination in response to a request, not later than 45 U.S. 
business days after the official receipt of the request or not later 
than 60 U.S. business days after the official receipt of the request 
that was determined to lack sufficient information pursuant to 
subsection (c)(4), the requested subject product shall be added to the 
Commercial Availability list, in accordance with the requirements of 
section 202(o)(4)(D) of the CAFTA-DR.
    (6) Whenever the Chairman of CITA receives information concerning, 
or a request from an interested entity for the review of a final 
affirmative determination that resulted in a product being added to the 
Commercial Availability List in Annex 3.25, which shows changed 
circumstances sufficient to warrant a review of such determination, 
CITA may conduct a review of such a determination after notifying 
interested parties by e-mail of the review and posting notice on the 
website. During a review conducted by CITA under this subsection, the 
entity seeking revocation of a product from the Commercial Availability 
List in Annex 3.25 shall have the burden of persuasion with respect to 
whether there are changed circumstances sufficient to warrant such 
revocation. Absent a show of good cause, CITA may not review a 
determination less than 12 months after the date of publication of 
notice of that determination.
9. Six Month Procedures: Submitting a Request to Remove or Restrict.
    (a) Request to Remove or Restrict. An interested entity may file a 
request with CITA requesting that a product be either removed or that a 
quantity restriction be introduced six months after a requested subject 
product has been added to Commercial Availability List in an 
unrestricted quantity pursuant to Section 203(o).
    (b) Content of a Request to Remove or Restrict. The request to 
remove or restrict must provide the substantive information set forth 
in subsection 6(b) (Contents of a Response with an Offer).
    (c) Procedures.
    (1) In considering whether to accept a request to remove or 
restrict, CITA will follow procedures set forth in section 5 
(Consideration and Acceptance of a Request).
    (2) If CITA determines to accept the request to remove or restrict, 
CITA and any responding interested party shall follow procedures and 
contents set forth in subsections 6(a) and (c) (Response Submission) 
and section 7 (Submitting Rebuttal Evidence).
    (3) As set forth in subsections 8(a) and (b) (Determination 
Process), CITA will determine whether the subject product of the 
request to remove or restrict is available in commercial quantities in 
a timely manner in the CAFTA-DR area not later than 30 U.S. business 
days after the official receipt of the request.
    (i) If CITA determines that the product is available in commercial 
quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-
DR supplier(s) or manufacturer(s) is capable to supply all of the 
subject product requested originally, then that product will be removed 
from the Commercial Availability List.
    (ii) If CITA determines that the product is available in commercial 
quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-
DR supplier(s) or manufacturer(s) is capable to supply part of the 
subject product requested originally, then a restricted quantity will 
be introduced for that product.
    (iii) If the Commercial Availability List changes as a result of 
CITA's determination for the request to remove or restrict, CITA will 
notify interested parties by e-mail of its determination and will 
publish a notice of its determination for the request to remove or 
restrict in the Federal Register.
    (A) For removal, the notice will state that textile and apparel 
articles containing the subject product are not to be treated as 
originating in a CAFTA-DR country if the subject product is obtained 
from non-CAFTA-DR sources, effective for goods entered into the United 
States on or after six months (e.g., 180 calendar days) after the date 
of publication of the notice.
    (B) For restriction, the notice will specify the restricted 
quantity for the subject product that is to be effective six months 
after the publication date of the notice.

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 06-1734 Filed 2-21-06; 12:43 pm]
BILLING CODE 3510-DS-S