[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Pages 27009-27010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13181]


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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)

June 2, 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: June 5, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain cotton-polyester circular knit 
fleece 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: 106.2009.04.24.Fabric.ST&RforGaran 
Mfg.

SUPPLEMENTARY INFORMATION:

    Authority: The CAFTA-DR Agreement; Section 203(o)(4) of the 
Dominican Republic-Central America-United States Free Trade 
Agreement Implementation Act (CAFTA-DR Implementation Act), Pub. Law 
109-53; the Statement of Administrative Action (SAA), accompanying 
the CAFTA-DR Implementation 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 of the CAFTA-DR Agreement; 
see also section 203(o)(4)(C) of the CAFTA-DR Act.
    The CAFTA-DR Implementation 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 Implementation 
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 of products determined to be not 
commercially available in the territory of any Party to CAFTA-DR 
(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 April 24, 2009, the Chairman of CITA received a Request for a 
Commercial Availability Determination (``Request'') from Sandler, 
Travis & Rosenberg, P.A., on behalf of Garan Manufacturing Corp., for 
certain cotton-polyester circular knit fleece fabric. On April 28, 
2009, in accordance with CITA's procedures, CITA notified interested 
parties of the Request, which was posted on the dedicated website for 
CAFTA-DR Commercial Availability proceedings. In its notifications, 
CITA advised that a Response with an Offer to Supply (``Response'') to 
the Request must be submitted by May 8, 2009, and any Rebuttal to a 
Response (``Rebuttal'') be submitted by May 14, 2009. On May 8, 2009, 
Elasticos Centroamericanos y Textile S.A. de C.V. (``Elcatex'') 
submitted a Response. On May 14, 2009, Garan Manufacturing Corp. 
submitted its Rebuttal.
    In accordance with Section 203(o) of the CAFTA-DR Implementation 
Act, Article 3.25 of the CAFTA-DR, and Section 8(c)(4) of CITA's 
procedures, should CITA determine that it has insufficient information 
to make a determination, CITA will extend its time period for 
consideration of the Request by an additional 14 U.S. business days. As 
the requestor and respondent disagreed on the respondent's ability to 
supply the subject product, on May 20, 2009, the Chairman determined 
that there was insufficient information to recommend a determination, 
and therefore extended the deadline by an additional 14 U.S. business 
days. On May 27, 2009, Elcatex submitted a letter of withdrawal from 
the proceeding. As a result, there is no Response to the pending 
Request for CITA's consideration.
    In accordance with section 203(o)(4)(C) of the CAFTA-DR 
Implementation Act, and Section 8(c)(2) of 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

[[Page 27010]]

CAFTA-DR Commercial Availability proceedings.

 
 
 
Specifications: Certain Cotton-Polyester Circular Knit Fleece Fabric
 
HTSUS: 6001.21
Fiber Content: 67-73% cotton / 27-33% polyester
Average Yarn Number:
  Face yarn - 100% combed cotton; 47/1 to 58/1 metric (28/1 to 34/1)
  Tie yarn - 100% filament polyester; 167-196 metric/48 filaments (46-54
   denier / 48 filaments)
  Fleece yarn - 57-63% combed cotton /37-43% polyester; 12/1 to 20/1
   metric (7/1 to 12/1)
Gauge: 20
Weight: 271 to 300 grams per square meter (8.0 to 8.85 ounces per square
 yard)
Width: 152 to 183 centimeters (60 to 72 inches)
Finish: (Piece) dyed; printed
In addition, the technical back must be heavily napped to produce a
 fabric thickness of not less than 4.5 millimeters, including the napped
 pile. Additionally, a portion of the fabric is brushed on the technical
 face to produce a sueded hand and appearance and a portion is treated
 with a stain release finish. Finally, the following performance
 criteria must be satisfied:
  - Vertical and horizontal shrinkage must be less than 5%
  - Torque may not exceed 4%
  - All fabrics must have a Class 1 flammability rating
  - For optimum fabric integrity and stitch definition, this fabric must
   be knit on machines whose number of yarn feeds is a multiple of 3.
 


Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E9-13181 Filed 6-4-09; 8:45 am]
BILLING CODE 3510-DS-S