[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7396-7397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3292]


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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)

February 10, 2009.
AGENCY: The Committee for the Implementation of Textile Agreements.

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

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EFFECTIVE DATE: February 17, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain woven modal-polyester fabric, as 
specified below, is not available in commercial quantities in a timely 
manner in the CAFTA-DR countries. The product will be added to the list 
in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3651.
FOR FURTHER INFORMATION ON-LINE: http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf. Reference number: 102.2009.01.02.Fabric.SoriniSamet 
forBWA.

SUPPLEMENTARY INFORMATION:

    Authority: Section 203(o)(4) of the Dominican Republic-Central 
America-United

[[Page 7397]]

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. The CAFTA-DR Agreement provides 
that this list 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 Annex 3.25, Note; 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 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 September 15, 2008, CITA published modified 
procedures it would follow in considering requests to modify the Annex 
3.25 list (Modifications to Procedures for Considering Requests Under 
the Commercial Availability Provision of the Dominican Republic-Central 
America-United States Free Trade Agreement, 73 FR 53200, September 15, 
2008) (``Procedures'').
    On January 2, 2009, the Chairman of CITA received a request for a 
commercial availability determination (``Request'') under the CAFTA-DR 
from Sorini, Samet & Associates LLC, on behalf of BWA, for certain 
woven modal-polyester fabric. On January 6, 2009, in accordance with 
CITA's Procedures, CITA notified interested parties of the Request and 
posted the Request on the dedicated website for CAFTA-DR Commercial 
Availability proceedings. In its notification, CITA advised that any 
Response with an Offer to Supply (``Response'') must be submitted by 
January 16, 2009, and any Rebuttal be submitted by January 26, 2009. No 
interested entity submitted a Response advising CITA of its objection 
to the Request and its ability to supply the subject product.
    In accordance with section 203(o)(4)(C) of the CAFTA-DR Act, and 
CITA's Procedures, as no interested entity submitted a Response 
objecting to the Request and demonstrating its ability to supply the 
subject product, CITA has determined to add the specified fabric to the 
list in Annex 3.25 of the CAFTA-DR Agreement.
    The subject product has been added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
posted on the dedicated website for CAFTA-DR Commercial Availability 
proceedings.

 
 
 
Specifications: Certain Woven Modal-Polyester Fabric
 
HTS: 5516.12; 5516.13; 5516.22; 5516.23
 
Fiber Content: 52% - 95% spun modal rayon; 5% - 48% filament polyester
 
Yarn Size (metric):
  Spun Modal Rayon - 44/1 to 88/1
  Filament Polyester - 59 to 92
Thread Count (metric): 31 to 53 warp ends per cm; 27 to 36 filling picks
 per cm
Weave: Plain
Weight: 100 - 300 grams per sq. meter
Width: 137 to 153 cm
Coloration: Piece dyed or yarns of different colors
Finishing Process: Wicked, UV blocker, peached, sanded wash, stain-
 resistant, and teflon finish
 
NOTE: In the finishing process, in the event that the polyester filament
 content breaks and turns into fibers, the finished fabric's
 specifications may fall under HTS classifications 5516.92 and 5516.93,
 for woven fabrics of artificial staple fiber.
 


Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E9-3292 Filed 2-13-09; 8:45 am]
BILLING CODE 3510-DS