[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Page 41111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19558]



[[Page 41111]]

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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)

August 11, 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: August 14, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain polyester/rayon/wool 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: 
126.2009.07.06.Fabric.SharrettsPaley forFishman&Tobin

SUPPLEMENTARYINFORMATION:

    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; and 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 Implementation 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) 
(``procedures'').
    On July 6, 2009, the Chairman of CITA received a Request for a 
Commercial Availability Determination (``Request'') from Sharretts, 
Paley, Carter & Blauvelt, P.C. on behalf of Fishman & Tobin for certain 
polyester/rayon/wool fabrics. On July 8, 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 notification, CITA advised that any 
Response with an Offer to Supply (``Response'') must be submitted by 
July 20, 2009, and any Rebuttal Comments to a Response (``Rebuttal'') 
must be submitted by July 24, 2009. No interested entity submitted a 
Response to the Request 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 
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 CAFTA-DR Commercial Availability 
proceedings.

 
 
 
Specifications: Certain Polyester/Rayon/Wool Fabric
 
HTSUS: 5515.11.00; 5515.19.00; 5516.92.00; 5516.93.00
Fiber Content: 30-65% polyester/ 25-65% rayon; 1-20% wool
Configuration:
  Fabric 1 -
  Warp - Spun yarn, either plied or single of various sizes, of
   intimately blended rayon and polyester staple fibers.
  Fill - Spun yarn, either plied or single of various sizes, of
   intimately blended polyester and wool staple fibers.
  Fabric 2 -
  Warp - Spun yarn, either plied or single of various sizes, of
   intimately blended rayon and polyester staple fibers.
  Fill - Spun yarn, either plied or single of various sizes, of
   intimately blended polyester, rayon and wool staple fibers.
  Fabric 3 -
  Warp - Spun yarn, either plied or single of various sizes, of
   intimately blended polyester, rayon and wool staple fibers.
  Fill - Spun yarn, either plied or single of various sizes, of
   intimately blended polyester, rayon and wool staple fibers.
NOTE: ``Intimately blended'' refers to situations where the fibers are
 wound together to form that yarn.
Construction: Various
Weight:
  English - 5 to 7.4 oz/sq. yd.
  Metric - 170 to 250 gm/sq. meter
Width:
  English - 56 to 64 inches
  Metric - 142 to163 cm
  Weave: Various, including plain and twill
  Coloration: Piece dyed or of yarns of different colors
 


Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E9-19558 Filed 8-13-09; 8:45 am]
BILLING CODE 3510-DS