[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15254-15255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7525]


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DEPARTMENT OF COMMERCE

International Trade Administration


Request for Public Comment on the Wholly Formed Requirement for 
Qualifying Woven Fabric Under the Dominican Republic Earned Import 
Allowance Program

AGENCY: Department of Commerce, International Trade Administration, 
Office of Textiles and Apparel.

ACTION: Request for public comment on the wholly formed requirement for

[[Page 15255]]

qualifying woven fabric under the Dominican Republic Earned Import 
Allowance Program.

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SUMMARY: The Office of Textiles and Apparel (``OTEXA'') requests public 
comment on the wholly formed requirement of qualifying woven fabric 
under the Dominican Republic Earned Import Allowance Program.

DATES: Commerce will consider comments received by 5:00pm on May 4, 
2009.

ADDRESSES: Comments should be addressed to: Janet Heinzen, Director, 
Office of Textiles and Apparel, Room 3001, United States Department of 
Commerce, Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Robert Carrigg, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-2573.

SUPPLEMENTARY INFORMATION: 

    Authority: Section 2(a) of the Andean Trade Preference Extension 
Act of 2008(``ATPEA''); Section 404(b)(2)(H) of the Dominican 
Republic-Central America-United States Free Trade Agreement 
Implementation Act, as amended; Imports of Certain Apparel Articles: 
Interim Procedures for the Implementation of the Earned Import 
Allowance Program Established Under the Andean Trade Preference Act 
of 2008 (74 FR 3563, published January 21, 2009) (``Interim 
Procedures'').

BACKGROUND:

    On December 1, 2008 the Department of Commerce implemented 
provisions under the Andean Trade Preference Extension Act of 2008 
(Public Law 110-436, 122 Stat. 4976) (``ATPEA''). Section 2 of the 
ATPEA amends Title IV of the Dominican Republic-Central America-United 
States Free Trade Agreement Implementation Act (Public Law 109-53; 119 
Stat. 495). Specifically, Title IV of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act is 
amended by adding Section 404 creating a benefit for eligible apparel 
articles wholly assembled in the Dominican Republic that meet the 
requirements for a ``2 for 1'' earned import allowance. Section 2 of 
the ATPEA requires the Secretary of Commerce to establish a program to 
provide earned import allowance certificates to any producer or entity 
controlling production of eligible apparel articles in the Dominican 
Republic, such that apparel wholly assembled in the Dominican Republic 
from fabric or yarns, regardless of their source, and imported directly 
from the Dominican Republic, may enter the United States duty-free, 
pursuant to the satisfaction of the terms governing issuance of the 
earned import allowance certificate. The Secretary of Commerce has 
delegated his authority under the Act to implement and administer the 
Earned Import Allowance Program to the International Trade 
Administration's Office of Textiles and Apparel (``OTEXA'').
    On January 21, 2009, OTEXA published interim procedures, 74 FR 
3563, implementing Section 2 of the ATPEA. These procedures set forth 
the provisions OTEXA will follow in implementing the Earned Import 
Allowance Program. In accordance with these procedures, OTEXA will 
issue certificates to qualifying apparel producers to accompany imports 
of eligible apparel articles wholly formed in the Dominican Republic 
and exported from the Dominican Republic. Such certificates will be 
issued as long as there is a sufficient balance of square meter 
equivalents available as a result of the purchase of qualifying woven 
fabric. ``Qualifying woven fabric'' is defined in Section 2 of the 
ATPEA and in OTEXA's interim procedures as ``woven fabric of cotton 
wholly formed in the United States from yarns wholly formed in the 
United States'' and intended for production of apparel in the Dominican 
Republic. See Section 2(e) of the Interim Procedures; Section 404(c)(4) 
of the Dominican Republic-Central America-United States Free Trade 
Agreement Implementation Act, as amended by Section 2 of the Andean 
Trade Preference Extension Act of 2008. Neither the ATPEA nor the 
interim procedures define the term ``wholly formed- as it is used in 
the definition of ``qualifying woven fabric.''
    OTEXA has received inquiries regarding the interpretation of 
``wholly formed'' as a requirement under the definition of ``qualifying 
woven fabric.'' OTEXA currently interprets ``wholly formed'' within the 
definition of ``qualifying woven fabric'' to require that all 
production processes and finishing operations, starting with weaving 
and ending with a fabric ready for cutting or assembly without further 
processing, took place in the United States. OTEXA believes this 
interpretation to be consistent with similar definitions and 
interpretations of the term ``wholly formed.''
    Pursuant to the ATPEA, these procedures may be modified to address 
concerns that may arise as OTEXA gains experience in implementing them. 
See Section 2(b)(2)(H) of the ATPEA. OTEXA requests public comment on 
the ``wholly formed'' requirement in the definition of ``qualifying 
woven fabric'' for the purposes of the Dominican Republic Earned Import 
Allowance Program.
    Comments must be in English, and must be received no later than May 
4, 2009. Comments should be addressed to: Janet Heinzen, Director, 
Office of Textiles and Apparel, Room 3001, United States Department of 
Commerce, Washington, D.C. 20230.
    Comments may be submitted in writing or electronically.
    (1) An electronic mail (``email'') version of the comments must be 
either in PDF, Word, or Word-Perfect format, and sent to the following 
email address: [email protected].
    (2) All comments submitted will be made available for public review 
on the Office of Textile and Apparel (``OTEXA''), Dominican Republic 2 
x 1 website at http://otexa.ita.doc.gov/.

Dated: March 31, 2009.
Janet E. Heinzen,
Director, Office of Textiles and Apparel.
[FR Doc. E9-7525 Filed 4-2-09; 8:45 am]
BILLING CODE 3510-DS