[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63166-63167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21950]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination under the Textile and Apparel Commercial 
Availability Provision of the Dominican Republic-Central America-United 
States Free Trade Agreement (CAFTA-DR Agreement)

November 2, 2007.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Determination to add a product in unrestricted quantities to 
Annex 3.25 of the CAFTA-DR Agreement.

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EFFECTIVE DATE: November 8, 2007.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain three-thread circular knit fleece 
fabrics, as specified below, are not available in commercial quantities 
in a timely manner in the CAFTA-DR region. The product will be added to 
the list in Annex 3.25 of the CAFTA-DR in unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-2582.
FOR FURTHER INFORMATION ON-LINE: http://web.ita.doc.gov/tacgi/ 
CaftaReqTrack.nsf.Reference number: 36.2007.09.20.Fabric.Alston&Birdfor 
PerryManufacturing

SUPPLEMENTARYINFORMATION:


[[Page 63167]]


    Authority: Section 203(o)(4) of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act 
(CAFTA-DR Act); the Statement of Administrative Action (SAA), 
accompanying the CAFTA-DR Act; Presidential Proclamations 7987 
(February 28, 2006) and 7996 (March 31, 2006).

BACKGROUND:

    The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, 
yarns, and fibers that the Parties to the CAFTA-DR Agreement have 
determined are not available in commercial quantities in a timely 
manner in the territory of any Party. Articles that otherwise meet the 
rule of origin to qualify for preferential treatment are not 
disqualified because they contain one of the products on the Annex 3.25 
list.
    The CAFTA-DR Agreement provides that the list in Annex 3.25 may be 
modified pursuant to Article 3.25(4)-(5) when the President of the 
United States determines that a fabric, yarn, or fiber is not available 
in commercial quantities in a timely manner in the territory of any 
Party. See also section 203(o)(4)(C) of the CAFTA-DR Act.
    The CAFTA-DR Act requires the President to establish procedures 
governing the submission of a request and providing an opportunity for 
interested entities to submit comments and supporting evidence before a 
commercial availability determination is made. In Presidential 
Proclamations 7987 and 7996, the President delegated to CITA the 
authority under section 203(o)(4) of CAFTA-DR Act for modifying the 
Annex 3.25 list. On March 21, 2007, CITA published final procedures it 
would follow in considering requests to modify the Annex 3.25 list (72 
FR 13256).
    On September 20, 2007, the Chairman of CITA received a request from 
Alston & Bird, LLP on behalf of Perry Manufacturing Company for certain 
three-thread circular knit fleece fabrics, of the specifications 
detailed below. On September 24, 2007, CITA notified interested parties 
of, and posted on its website, the accepted request and asked that 
interested entities provide, by October 4, 2007, a response advising of 
its objection to the request or its ability to supply the subject 
product, and rebuttals to responses by October 11, 2007.
    On October 1, 2007, Texpasa, S.A. (``Texpasa'') advised CITA of its 
objection to the request, explaining its ability to supply the fabrics 
listed in the request. On October 3, 2007, Elasticos Centro Americanos 
y Textiles (``Elcatex'') advised CITA of its objection to the request 
by submitting a response with an offer to supply certain fabrics.
    In its rebuttal submitted on October 10, 2007, Perry asserted that 
neither Texpasa's nor Elcatex'responses were sufficient. In the case of 
Texpasa, Perry claimed that it was concerned that Tepasa cannot supply 
the required quantity of fabric. With respect to Elcatex, Perry stated 
that the fabric Elcatex offered to supply did not meet Perry's 
specifications. As a result, Perry asserted that Elcatex could not 
supply the fabrics in question.
    On October 15, 2007, in accordance with Section 203(o)(4)(C)(iv) of 
the CAFTA-DR Implementation Act and section 8(c)(4) of CITA's 
procedures, because there was insufficient information to make a 
determination after 30 days, CITA extended the period for making a 
determination by 14 U.S. business days.
    On October 23 and 24, 2007, respectively, Texpasa and Elcatex 
advised CITA that they were withdrawing their responses to Perry's 
request.
    In accordance with Section 203(o)(4)(C)(iii)(II) of the CAFTA-DR 
Act, and its procedures, as the two entities who objected to the 
request both withdrew their objections, and because no other interested 
entity submitted a response advising CITA of its objection to the 
request or its ability to supply the subject product, CITA has 
determined to add the specified fabrics to the list in Annex 3.25 of 
the CAFTA-DR Agreement.
    The subject fabrics are added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
published on-line.


Specifications:

 
 
 
HTS Subheading:                        6001.21.0000
Fabric 1:                  .................................
Fiber Content:                         72 to 78 percent cotton, 22 to 28
                                        percent polyester
Yarn:                                  .................................
                                        Face Yarn - Single ply, ring
                                        spun cotton. Metric yarn number:
                                        41 to 48; English yarn number:
                                        24 to 28
                                        Tie Yarn - Polyester filament of
                                        49 to 51denier
                                        Fleece yarn - Single ply staple
                                        of 57 to 63 percent cotton and
                                        37 to 43 percent polyester.
                                        Metric yarnnumber: 24 to 30;
                                        English yarn number 14 to 18.
Gauge:                                 20 to 24
Knit Type:                             Three-thread circular knit
Weight:                                Metric - 285 to 300 grams per
                                        square meter; English - 8.42 to
                                        9.75 ounces per square yard.
Width:                                 Metric - 172 to 183 centimeters;
                                        English - 68 to 72 inches.
Finish:                                Napped on the technical back;
                                        bleached, yarn dyed, or piece
                                        dyed.
Performance Criteria:                  Not more than 5 percent vertical
                                        and horizontal shrinkage and not
                                        more than 4 percent vertical
                                        torque.
 



 
 
 
Fabric 2:                  .................................
Fiber Content:                         77 to 83 percent cotton, 17 to 23
                                        percent polyester
Yarn:                                  .................................
                                        Face Yarn - Single ply, ring
                                        spun cotton. Metric yarn number:
                                        47 to 54; English yarn number:
                                        28 to 32
                                        Tie Yarn - Polyester filament of
                                        49 to 51denier
                                       Fleece yarn - Single ply staple
                                        of 67 to 73 percent cotton and
                                        27 to 33 percent polyester.
                                        Metric yarn number: 24 to 30;
                                        English yarn number 14 to 18.
Gauge:                                 20 to 24
Knit Type:                             Three-thread circular knit
Weight:                                Metric - 266 to 308 grams per
                                        square meter; English - 7.85 to
                                        9.08 ounces per square yard.
Width:                                 Metric - 146 to 183 centimeters;
                                        English - 58 to 72 inches.
Finish:                                Napped on the technical back;
                                        bleached, yarn dyed, or piece
                                        dyed.
Performance Criteria:                  Not more than 5 percent vertical
                                        and horizontal shrinkage and not
                                        more than 4 percent vertical
                                        torque.
 


R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E7-21950 Filed 11-7-07; 8:45 am]
BILLING CODE 3510-DS