[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 352-353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28876]


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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'')

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.

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DATES: Applicable Date: January 3, 2024.

SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain two-way stretch polyester/
spandex woven fabric (the ``subject product''), 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 in unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Laurie Mease, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-2043 or 
[email protected].
    For Further Information Online: https://otexaprod.trade.gov/otexacapublicsite/requests/cafta under ``Approved Requests,'' File 
Number: CA2023001.

SUPPLEMENTARY INFORMATION: 
    Authority: The CAFTA-DR; section 203(o)(4) of the Dominican 
Republic-Central America-United States Free Trade Agreement 
Implementation Act (``CAFTA-DR Implementation Act''), Public Law 109-
53; the Statement of Administrative Action accompanying the CAFTA-DR 
Implementation Act; and Presidential Proclamation 7987 (February 28, 
2006).
    Background: The CAFTA-DR provides a list in Annex 3.25 for fabrics, 
yarns, and fibers that the Parties to the CAFTA-DR have determined are 
not available in commercial quantities in a timely manner in the 
territory of any Party. The CAFTA-DR provides that this list may be 
modified pursuant to Article 3.25.4 and 3.25.5, when 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; 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 Proclamation 7987, the President delegated to CITA the 
authority under section 203(o)(4) of CAFTA-DR Implementation Act for 
modifying the Annex 3.25 list. Pursuant to this authority, 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 the 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) (``CITA's procedures'').
    On October 31, 2023, CITA received a commercial availability 
request from Konffetty S.A. de C.V. (``Konffetty'') for certain two-way 
stretch polyester/spandex woven fabric, as specified below. On November 
2, 2023, 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 November 15, 2023, and any Rebuttal to a Response 
(``rebuttal'') must be submitted by November 21, 2023, in accordance 
with sections 6 and 7 of CITA's procedures.
    Based on a request from an interested entity, and in accordance 
with section 6(a) of CITA's procedures, CITA extended the response 
deadline by two business days, through November 17, 2023. 
Correspondingly, the rebuttal deadline was extended by two business 
days, through November 24, 2023.
    On November 17, 2023, Summitex Woven Textiles (``Summitex'') 
submitted a response to the pending request. On November 24, 2023, 
Konffetty submitted a rebuttal to Summitex's response. In accordance 
with section 203(o)(4) of the CAFTA-DR Implementation Act, Article 3.25 
of the CAFTA-DR, and section 8(c)(4) of CITA's procedures, because 
there was insufficient information on the record to make a 
determination within 30 business days, CITA extended the period to make 
a determination by 14 U.S. business days. Further, in accordance with 
section 8(c)(4)(i) of its procedures, CITA called for a public meeting 
on December 6, 2023 with representatives of Konffetty and Summitex to 
provide the companies with an opportunity to submit additional evidence 
to substantiate their claims regarding Summitex's capability to supply 
the subject product in commercial quantities in a timely manner.
    Section 203(o)(4)(C)(ii) of the CAFTA-DR Implementation Act 
provides that after receiving a request, a determination will be made 
as to whether the subject product is available in commercial quantities 
in a timely manner in the CAFTA-DR countries. In the instant case, the 
information on the record indicates that Konffetty made significant 
efforts to source the fabric in the CAFTA-DR region, specifically from 
Summitex. However, Summitex has not demonstrated its ability to supply 
the subject product in commercial quantities in a timely manner. 
Therefore, in accordance with section 203(o) of the CAFTA-DR 
Implementation Act and CITA's procedures, as no interested entity has 
substantiated its ability to supply the subject product in commercial 
quantities in a timely manner, CITA has determined to add the specified 
fabric to the list in Annex 3.25 of the CAFTA-DR.
    The subject product has been added to the list in Annex 3.25 of the 
CAFTA-DR in unrestricted quantities. A revised list has been posted on 
the dedicated website for CAFTA-DR Commercial Availability proceedings, 
at https://otexaprod.trade.gov/otexacapublicsite/shortsupply/cafta.

Specifications: Certain Two-Way Stretch Polyester/Spandex Woven Fabric

HTS: 5407.51, 5407.52, or 5407.53
Fiber Content (AATCC 20A): 95% (94%-96%) polyester and 5% (4%-6%) 
spandex
Yarn Size:
    Warp: 100D +40D polyester/spandex textured filament
    Weft: (100D + 40D SP)*2 polyester/spandex textured filament
Thread Count (ASTM D3775):

[[Page 353]]

    English (yarns/inch2): 118 (116-120) warp x 82 (81-83) weft
    Metric (yarns/cm2): 300 (296-305) warp x 209 (206-212) weft
Fabric Weight (ASTM D3776):
    English: 3.72 (3.65-3.78) oz/yd2
    Metric: 126 (124-128) g/m2
Weave Type: Woven Plain and Twill Weave
Fabric Width (ASTM D3774):
    English: 61.25 (60.50-62.50) inches
    Metric: 153 (151-155) cm
Stretch (ASTM D3107):
    Warp: 15% (14%-16%)
    Weft: 17% (16%-18%)
Finish: Optical white Prepared for printing/piece dyed/yarn dyed/with 
soft hand (no chemistry finish)

Jennifer Knight,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2023-28876 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DR-P