Interim Procedures for Considering Requests Under the Commercial Availability Provision to the Dominican Republic-Central America-United States Free Trade Agreement, 9315-9319 [06-1734]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
Dated: February 17, 2006.
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[FR Doc. E6–2553 Filed 2–22–06; 8:45 am]
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DEPARTMENT OF COMMERCE
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[I.D. 021306B]
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Dated: February 16, 2006.
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[FR Doc. E6–2568 Filed 2–22–06; 8:45 am]
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Science Program Office, 1717
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SUPPLEMENTARY INFORMATION: The CCSP
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COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Interim Procedures for Considering
Requests Under the Commercial
Availability Provision to the Dominican
Republic-Central America-United
States Free Trade Agreement
February 21, 2006.
Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Notice of Interim Procedures
and Request for Comments.
AGENCY:
SUMMARY: This notice sets forth the
interim procedures the Committee for
the Implementation of Textile
Agreements (‘‘CITA’’) will follow in
implementing certain provisions of the
Dominican Republic-Central AmericaUnited States Free Trade Agreement
(‘‘CAFTA-DR’’ or ‘‘Agreement’’)
Implementation Act. Section 203(o)(4)
of the CAFTA-DR Implementation Act
establishes procedures for the President
to modify the list of fabrics, yarns, or
fibers not available in commercial
quantities in a timely manner in the
countries that are Parties to the CAFTADR, as set out in Annex 3.25 of the
CAFTA-DR. The President has delegated
to CITA the authority to determine
whether fabrics, yarns, or fibers are not
available in commercial quantities in a
timely manner in CAFTA-DR countries
and has directed CITA to establish
procedures that govern the submission
of a request and provide the opportunity
for interested entities to submit
comments and supporting evidence in
any such determination pursuant to the
CAFTA-DR Implementation Act. This
notice hereby gives notice to interested
entities of the procedures CITA will
follow in considering such requests and
solicits public written comments on
these procedures. Comments must be
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received not later than March 9, 2006 of
this notice to the Chairman, Committee
for the Implementation of Textile
Agreements, Room 3100, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, N.W.,
Washington, D.C. 20230.
EFFECTIVE DATE: The date of entry into
force of the Dominican-Central AmericaUnited States Free Trade Agreement.
FOR FURTHER INFORMATION CONTACT:
Richard Stetson, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 204(o)(4) of the
Dominican Republic-Central America-United
States Free Trade Agreement Implementation
Act (‘‘CAFTA-DR’’) the Statement of
Administrative Action (‘‘SAA’’),
accompanying the CAFTA-DR, at 16-20.
Background
The CAFTA-DR provides a list in
Annex 3.25 of the Agreement for fabrics,
yarns, and fibers that the Parties to the
Agreement have determined are not
available in commercial quantities in a
timely manner from producers in the
United States or other CAFTA-DR
countries. A textile and apparel good
containing fabrics, yarns, or fibers that
is included in Annex 3.25 of the
Agreement will be treated as if it is an
originating good for purposes of the
specific rules of origin in Annex 4.1 of
the Agreement, regardless of the actual
origin of those inputs. However, all
other fabrics, yarns, or fibers of the
component that determines the
classification of the good must meet the
specific rules of origin in Annex 4.1 of
the Agreement. The CAFTA-DR
provides that the President will
establish procedures governing the
submission of requests and may
determine whether additional fabrics,
yarns, or fibers are available or are not
available in commercial quantities in a
timely manner in the United States or
the other CAFTA-DR countries. In
addition, the CAFTA-DR establishes
that the President may remove a fabric,
yarn, or fiber from the list, if it has been
added to the list in an unrestricted
quantity pursuant to section 203(o), if
he determines that the fabric, yarn, or
fiber has become available in
commercial quantities in a timely
manner.
The SAA provides that the President
will delegate to CITA his authority
under section 203(o)(4) of the
Agreement (‘‘Commercial Availability
Provision’’), to establish procedures for
modifying the list of fabrics, yarns, or
fibers not available in commercial
quantities in a timely manner for
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Agreement countries, as set out in
Annex 3.25 of the Agreement.
These procedures are not subject to
the requirement to provide prior notice
and opportunity for public comment,
pursuant to 5 U.S.C. 553(b)(A)
(Administrative Procedures Act).
Procedures for Considering Requests
1. Introduction
The intent of the CAFTA-DR
Commercial Availability Procedures is
to foster the use of U.S. and CAFTA-DR
products by implementing procedures
that allow products to be placed on or
removed from a product list, on a timely
basis, and in a manner that is consistent
with normal business practice. To this
end, these procedures are intended to
facilitate the transmission, on a timely
basis, of order requests and offers to
supply such requests; have the market
indicate the availability of the supply of
products that are the subject of requests;
make available promptly, to interested
entities and parties, information
regarding the requests for products and
offers received; ensure wide
participation by interested entities and
parties; provide careful scrutiny of
information provided to substantiate
order requests and response offers; and
provide timely public dissemination of
information used by CITA in making
commercial availability determinations.
2. Definitions
(a) Commercial Availability Request.
A ‘‘Commercial Availability Request’’ is
a submission from an interested entity
requesting that CITA place a good on
the list in Annex 3.25 because that fiber,
yarn, or fabric is not available in
commercial quantities in a timely
manner from a producer in the territory
of any Party in the CAFTA-DR region.
(b) Interested Entity. An ‘‘interested
entity’’ means a government that is a
Party to the Agreement, other than the
United States; a potential or actual
purchaser of a textile or apparel good;
or a potential or actual supplier of a
textile or apparel good. See section
202(o)(4)(B)(i) of the CAFTA-DR.
(c) Interested Party. An ‘‘interested
party’’ means any interested entity that
requests to be included on the e-mail
notification list for Commercial
Availability proceedings. Any interested
entity may become an interested party
by contacting CITA. See Office of
Textile and Apparel, U.S. Department of
Commerce, website for details at https://
web.ita.doc.gov/tacgi/CABroadcast.nsf/
Document?Openform or send an e-mail
to OTEXAlCAFTA@ita.doc.gov.
(d) Official Receipt. The ‘‘official
receipt’’ is CITA’s e-mail confirmation
that it has received both the e-mail
version and the original submission
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signed by the interested entity delivered
via express courier.
(e) Request. A ‘‘request’’ refers to the
Commercial Availability Request.
(f) Request to Remove or Restrict. A
‘‘request to remove or restrict’’ is a
submission from an interested entity
requesting that CITA either remove a
good or that a quantity restriction be
introduced six months after a subject
product has been added to Commercial
Availability List in an unrestricted
quantity pursuant to section 203(o).
(g) Requestor. The ‘‘requestor’’ refers
to the interested entity that files a
request, either a Commercial
Availability Request or a Request to
Remove or Restrict, under the CAFTADR Commercial Availability provision,
for CITA’s consideration.
(h) Response with an Offer. A
‘‘response with an offer’’ is a submission
from an interested entity to CITA
providing its objection to the request or
asserting its ability to supply the subject
product by providing an offer to supply
the subject product described in the
request.
(i) Rebuttal Comment. A ‘‘rebuttal
comment’’ is a submission from an
interested entity providing information
in response to evidence or arguments
raised in a response submission.
Rebuttal comments must be limited to
evidence and arguments provided in a
response submission.
(j) Single, fiber, yarn, or fabric. The
term ‘‘single fiber, yarn, or fabric’’
means a single product, which may be
only part of a Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) provision.
(k) U.S. Business day. A ‘‘U.S.
business day’’ is any calendar day other
than a Saturday, Sunday, or a legal
holiday. See section 202(o)(4)(B)(i) of
the CAFTA-DR Implementation Act.
3. Submissions for Participation the
U.S.-CAFTA-DR Commercial
Availability Proceeding.
(a) Filing Submission. All
submissions for a CAFTA-DR
Commercial Availability proceeding
(e.g., Commercial Availability Request,
Response with an Offer, Rebuttal
Comments, and Request to Remove or
Restrict) must be in English and must be
submitted to the U.S. Department of
Commerce’s Office of Textiles and
Apparel (‘‘OTEXA’’) in two forms:
(1) an electronic-mail (‘‘e-mail’’)
version of the submission must be either
in Word or Word-Perfect format and
must contain an adequate public
summary of any business confidential
information sent to
OTEXAlCAFTA@ita.doc.gov, which
will be posted for public review on the
OTEXA’s CAFTA-DR Commercial
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Availability website at
http:otexa.ita.doc.gov. No business
proprietary information should be
submitted in the e-mail@ version of any
document; and
(2) the original signed submission
must be received via express courier
to—Chairman, Committee for the
Implementation of Textile Agreements,
Room H3100, U.S. Department of
Commerce, 14th and Constitution Ave.,
N.W., Washington, DC 20230. Any
business confidential information upon
which an interested entity wishes to
rely must be included in the original
signed submission only.
(3) Brackets must be placed around all
business confidential information
contained in submissions. Documents
containing business confidential
information must have a bolded heading
stating ‘‘Confidential Version.’’
Documents, including those submitted
via e-mail, provided for public release,
must have a bolded heading stating
‘‘Public Version’’ and all the business
confidential information must be
deleted and replaced with asterisks.
(4) Generally, details, such as
quantities and lead times for providing
the subject product, can be treated as
business confidential information.
However, the names of manufacturers
who were contacted, what was asked
generally about the capability to
manufacture the subject product, and
the responses thereto should be publicly
available.
(b) Due Diligence Certification. An
interested entity must file a certification
of due diligence as described in
subsection (b)(1) with each submission
containing factual information. If the
interested entity has legal counsel or
other representative, the legal counsel or
other representative must file a
certification of due diligence as
described in subsection (b)(2) with each
submission containing factual
information. Accurate representations of
material facts submitted to CITA for the
CAFTA-DR Commercial Availability
proceeding are vital to the integrity of
this process and are necessary for
CITA’s effective administration of the
statutory scheme. Each submission
containing factual information for
CITA’s consideration must be
accompanied by the appropriate
certification regarding the accuracy of
the factual information. Any submission
that lacks the applicable certifications
will be considered an incomplete
submission that CITA will reject and
return to the submitter. CITA may verify
any factual information submitted by
interested entities in a CAFTA-DR
Commercial Availability proceeding.
(1) For the person responsible for
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presentation of the factual
information: I, (name and title),
currently employed by (interested
entity), certify that (1) I have read
the attached submission, and (2) the
information contained in this
submission is, to the best of my
knowledge, complete and accurate.
(2) For the person’s legal counsel or
other representative: I, (name), of
(law or other firm), counsel or
representative to (interested party),
certify that (1) I have read the
attached submission, and (2) based
on the information made available
to me by (person), I have no reason
to believe that this submission
contains any material
misrepresentation or omission of
fact.
(c) Official Receipt. A submission will
be considered officially submitted to
CITA only when both the e-mail version
and the original signed submission have
been received by CITA. CITA will
confirm to the requestor and responder
that both versions of the request were
received and properly submitted by email. CITA’s e-mail confirmation shall
be considered the ‘‘official receipt’’ of
the submission, and also begins the
statutory 30 U.S. business day process
for CITA’s consideration of requests.
4. Submitting a Request for
Consideration in a Commercial
Availability Proceeding.
(a) Commercial Availability Request.
An interested entity may submit a
Commercial Availability request to
CITA alleging that a fiber, yarn, or fabric
is not available in commercial quantities
in a timely manner from a producer in
the territory of any Party in the U.S.CAFTA-DR region.
(b) Contents of a Commercial
Availability Request.
(1) Detailed Product Information. The
Commercial Availability request must
provide a detailed description of the
product subject to the request,
including, if applicable, fiber content,
construction, yarn size, and finishing
processes; and the classification of the
product under the HTSUS. All
measurements must be stated in metric
units.
(2) Quantity. The Commercial
Availability request must provide the
specific quantity of the product needed
by the requestor, in standard units of
quantity for production of the subject
product in the CAFTA-DR region.
(3) Due Diligence. The Commercial
Availability request must provide a
complete description of the due
diligence undertaken by the requestor to
determine the subject product’s
availability in the CAFTA-DR region.
Due diligence for the requestor means
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that it has made reasonable efforts to
obtain the subject product from CAFTADR manufacturers. The requestor must
provide the names and addresses of
manufacturers contacted, who was
specifically contacted, the exact request
that was made, the dates of those
contacts, whether a sample of the
subject product was provided for
review, and the exact response given for
the manufacturer’s inability to supply
the subject product under the same
conditions as contained in the
Commercial Availability request
submitted to CITA, in addition to any
other information the requestor believes
is relevant. The requestor must submit
copies of relevant correspondence, both
inquiries and responses, with these
manufacturers. Specific details of
correspondence with manufacturers,
such as quantities and lead times for
providing the subject product, can be
treated as business confidential.
However, the names of domestic
manufacturers who were contacted,
what was asked generally about the
capability to manufacture the subject
product, and the responses thereto
should be available for public review to
ensure proper public participation in
the process.
(4) Substitutable Products. The
Commercial Availability request may
provide, if relevant, the basis for the
requestor’s belief that other products
that are supplied by the domestic
industry in commercial quantities in a
timely manner are not substitutable for
the product(s) that is (are) the subject of
the request for purposes of the intended
use.
(5) Additional Information. The
Commercial Availability request may
provide any additional evidence or
information believed to be relevant for
CITA to determine whether a fiber, yarn,
or fabric is not available in commercial
quantities in a timely manner from a
producer in the territory of any Party in
the CAFTA-DR region.
(c) CITA will send e-mail
confirmation of official receipt of the
Commercial Availability request, which
begins the statutory 30 U.S. business
day process for considering the
Commercial Availability request.
5. Consideration and Acceptance of a
Request.
In considering whether to accept a
request, CITA will consider and
determine whether it provides all the
required information specified section
4(b)(1)-(3) in these procedures. CITA
will determine whether to accept the
request for consideration and
investigation not later than two U.S.
business days after the official receipt of
a request.
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(a) Request Rejected. If CITA
determines that the request does not
contain the required information, the
requestor will be notified promptly by email that the request has not been
accepted and the reasons for the
rejection. A request may be resubmitted
with additional information for the
subject product and CITA will
reevaluate it as a new request.
(b) Request Accepted. If CITA
determines that the request contains the
required information, CITA will notify
interested parties by e-mail that a
request has been filed. CITA will post
the accepted request on its website for
public notice.
6. Submitting a Response in a
Commercial Availability Proceeding.
(a) Response Submission. An
interested entity may file a response
submission to a request CITA accepted
advising CITA of its objection to the
request and its ability to supply the
subject product by providing an offer to
supply the subject product as described
in the request. An interested entity will
have 10 U.S. business days after official
receipt of a request to respond to a
request. CITA may, for good cause,
extend the time limit, unless expressly
precluded by statute.
(b) Contents of a Response with an
Offer.
(1) Quantity. The response with an
offer must supply the quantity of the
requested subject product that the
interested entity, e.g., a CAFTA-DR
supplier(s) or manufacturer(s), is
capable of currently supplying, in
standard units of quantity. All
measurements must be in metric units.
(2) Production Capability. The
response with an offer must report the
quantity, in metric units, that the
CAFTA-DR manufacturer produced in
the preceding 24-month period of the
requested subject product.
(i) For products that have experienced
cyclical demand or are not currently
produced, the manufacturer should
indicate the quantity that has been
supplied or offered commercially in the
past, with an explanation of the reasons
it is not currently produced or offered.
(ii) If the requestor has requested a
new style, weight, or other variation that
is new to the market, then the CAFTADR supplier(s) or manufacturer(s)
should provide detailed information on
its current ability to make the new
product.
(iii) If the CAFTA-DR supplier(s) or
manufacturer(s) is making a new
product that has not yet been offered to
the market but could meet the
requirements of the subject product,
then the CAFTA-DR supplier(s) or
manufacturer(s) needs to provide
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detailed information regarding the
product and its ability to meet a request.
(iv) Substitutable Products. The
response with an offer may provide, if
relevant, the basis for the responder’s
belief that other products that are
supplied by the domestic industry in
commercial quantities in a timely
manner are substitutable for the
product(s) that is the subject of the
request for purposes of the intended
use.
(3) Due Diligence. The response with
an offer must provide a complete
description of the due diligence
undertaken by the CAFTA-DR
supplier(s) or manufacturer(s) to
substantiate the ability to supply the
subject product.
(i) In the case of new variations of a
product, the supplier must substantiate
the ability to manufacture the subject
product. The supplier must provide
sufficient detail of the manufacturing
capabilities of the facility that will
supply the subject product, in addition
to any other information the supplier
believes is relevant.
(ii) If some operations, such as
finishing, will be completed by other
entities, the name of the facility and
contact information must be provided.
(4) Location of the CAFTA-DR
supplier(s) or manufacturer(s). The
response with an offer must provide the
name, address, phone number, and email address of a contact person at the
facility claimed to be able to supply the
subject product.
(c) CITA will confirm official receipt
of response submissions by e-mail to the
responding interested entity.
7. Submitting Rebuttal Evidence.
(a) Rebuttal Submission. Any
interested entity may submit a rebuttal
submission to a response submission.
An interested entity must submit its
rebuttal submission not later than 4 U.S.
business days after the deadline for
response submissions. If good cause is
shown, CITA may extend the time limit.
(b) Contents of a Rebuttal Submission.
The rebuttal submission may respond
only to evidence or arguments raised in
the response submission and must
identify the submission, evidence and/
or arguments to which it is responding.
8. Determination Process.
(a) Not later than 30 U.S. business
days after official receipt of a request (or
not later than 44 U.S. business days
where an extension is provided
pursuant to section 8(c)(4) of these
procedures), CITA will notify interested
parties by e-mail and the public on its
website whether the subject product is
available in commercial quantities in a
timely manner in the CAFTA-DR area
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and whether an interested entity has
objected to the request.
(b) CITA will notify the public of the
determination by publication in the
Federal Register when the
determination results in a change to the
Commercial Availability List in Annex
3.25 of the Agreement.
(c) Types of Determinations.
(1) Denial. A denial means that CITA
has determined that the subject product
is available in commercial quantities in
a timely manner in the CAFTA-DR area.
If a request is denied, notice of the
denial will be posted on the CAFTA
Commercial Availability website at
https://otexa.ita.doc.gov.
(2) Approval in Unrestricted
Quantity. An approval in unrestricted
quantities means that CITA has
determined that the subject product is
not available in commercial quantities
in a timely manner in the CAFTA-DA
area or that no interested entity has
objected to the request. CITA will
approve the request in an unrestricted
quantity if CITA determines that no
CAFTA-DR supplier(s) or
manufacturer(s) could fulfill the request
for the subject product.
(i) If a request is approved without
restriction, a notice will be published in
the U.S. Federal Register not later than
30 U.S. business days after the official
receipt of a request, adding the subject
product to the Commercial Availability
List in Annex 3.25 of the CAFTA-DR.
(ii) The effective date of the
determination is the notice’s date of
publication in the U.S. Federal Register.
(3) Approval in Restricted Quantity.
An approval in restricted quantities
means that CITA has determined that
the subject product is not available in
sufficient commercial quantities to
supply the quantities stated in the
request in a timely manner in the
CAFTA-DR area. CITA may approve the
request in a restricted quantity if CITA
determines that a CAFTA-DR supplier(s)
or manufacturer(s) could partially fulfill
the request for the subject product.
(i) If a request is approved with a
restriction, a notice will be published in
the Federal Register not later than the
30 U.S. business days after approval,
adding the subject product to the
Commercial Availability List in Annex
3.25 of the CAFTA-DR with a restricted
quantity. The restricted quantity
specifies the amount of the subject
product that must be obtained from a
CAFTA-DR supplier(s) or
manufacturer(s) for the product to
remain eligible for inclusion on the
Commercial Availability List.
(ii) The effective date of the
determination will be the date of
publication in the U.S. Federal Register.
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(iii) Elimination of the Restricted
Quantity. Not later than six months after
adding a product to the Commercial
Availability List with a restricted
quantity, CITA may eliminate the
restriction if it determines that the
subject product is not available in
commercial quantities in a timely
manner in the CAFTA-DR area.
(A) Within this six-month period,
CITA will determine whether the
restricted quantity of the subject
product specified in the original
determination, which was based upon
an offer presented by the CAFTA-DR
supplier(s) or manufacturer(s), has been
met. CITA will solicit comments from
the CAFTA-DR supplier(s) or
manufacturer(s) and requestor regarding
the restricted quantity during the sixmonth period.
(1) If the CAFTA-DR supplier(s) or
manufacture(s)r was unable to provide
the specifically offered amount, an
explanation must be provided to CITA
for its consideration of whether to
eliminate the restriction.
(2) In the event that the restricted
amount was not obtained from the
CAFTA-DR supplier(s) or
manufacturer(s), CITA will notify
interested entities, by e-mail not later
than 30 U.S. business days before the
six-month period expires, that it is
considering elimination of the
quantitative restrictions for the subject
product on the Commercial Availability
List.
(3) Interested entities may provide
information explaining the reasons for
being unable to supply the specified
offer, which CITA will consider in
making a decision on whether to
eliminate the quantitative restriction of
the subject product.
(B) If CITA determines to eliminate
the restricted quantity, a notice will be
published in the Federal Register.
(4) Insufficient Information to
Determine. CITA will extend its time
period for consideration of the request
an additional 14 U.S. business days in
the event that CITA determines, not
later than 30 U.S. business days after
official receipt of a request, that it has
insufficient information to make a
determination regarding the ability of a
CAFTA-DR supplier(s) or
manufacturer(s) to supply the request
based on the submitted information.
CITA will normally determine that it
does not have sufficient information to
make a determination on a request when
CITA finds there is inconsistency in
material information contained in the
request, one or more reply offers to
supply the subject product, and/or the
rebuttal submissions. CITA will notify
interested parties via e-mail that it has
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
extended the time period for CITA’s
consideration by 14 U.S. business days.
CITA also will announce the extension
on the website.
(i) Process during Extension Period.
During the extended time period, CITA
will request that interested entities
provide additional evidence to support
their claims and information previously
submitted to CITA and may meet with
interested entities. Such evidence may
include inter alia product samples, lab
tests, detailed descriptions of product
facilities, and comparisons of product
performance in the intended end-use of
the subject product.
(ii) CITA also will consider evidence
in support of claims that CAFTA-DR
supplier(s) or manufacturer(s) can
supply a substantially similar product to
that specified in the request.
(iii) CITA will make a determination,
not later than 44 U.S. business days
after the official receipt of a request
whether to approve, approve with
restriction, or deny the request and will
follow the notification process
accordingly.
(5) Deemed Approval. In the unlikely
event that CITA does not make a
determination in response to a request,
not later than 45 U.S. business days
after the official receipt of the request or
not later than 60 U.S. business days
after the official receipt of the request
that was determined to lack sufficient
information pursuant to subsection
(c)(4), the requested subject product
shall be added to the Commercial
Availability list, in accordance with the
requirements of section 202(o)(4)(D) of
the CAFTA-DR.
(6) Whenever the Chairman of CITA
receives information concerning, or a
request from an interested entity for the
review of a final affirmative
determination that resulted in a product
being added to the Commercial
Availability List in Annex 3.25, which
shows changed circumstances sufficient
to warrant a review of such
determination, CITA may conduct a
review of such a determination after
notifying interested parties by e-mail of
the review and posting notice on the
website. During a review conducted by
CITA under this subsection, the entity
seeking revocation of a product from the
Commercial Availability List in Annex
3.25 shall have the burden of persuasion
with respect to whether there are
changed circumstances sufficient to
warrant such revocation. Absent a show
of good cause, CITA may not review a
determination less than 12 months after
the date of publication of notice of that
determination.
9. Six Month Procedures: Submitting a
Request to Remove or Restrict.
VerDate Aug<31>2005
16:15 Feb 22, 2006
Jkt 205001
(a) Request to Remove or Restrict. An
interested entity may file a request with
CITA requesting that a product be either
removed or that a quantity restriction be
introduced six months after a requested
subject product has been added to
Commercial Availability List in an
unrestricted quantity pursuant to
Section 203(o).
(b) Content of a Request to Remove or
Restrict. The request to remove or
restrict must provide the substantive
information set forth in subsection 6(b)
(Contents of a Response with an Offer).
(c) Procedures.
(1) In considering whether to accept a
request to remove or restrict, CITA will
follow procedures set forth in section 5
(Consideration and Acceptance of a
Request).
(2) If CITA determines to accept the
request to remove or restrict, CITA and
any responding interested party shall
follow procedures and contents set forth
in subsections 6(a) and (c) (Response
Submission) and section 7 (Submitting
Rebuttal Evidence).
(3) As set forth in subsections 8(a) and
(b) (Determination Process), CITA will
determine whether the subject product
of the request to remove or restrict is
available in commercial quantities in a
timely manner in the CAFTA-DR area
not later than 30 U.S. business days
after the official receipt of the request.
(i) If CITA determines that the
product is available in commercial
quantities in a timely manner in the
CAFTA-DR area, e.g., that a CAFTA-DR
supplier(s) or manufacturer(s) is capable
to supply all of the subject product
requested originally, then that product
will be removed from the Commercial
Availability List.
(ii) If CITA determines that the
product is available in commercial
quantities in a timely manner in the
CAFTA-DR area, e.g., that a CAFTA-DR
supplier(s) or manufacturer(s) is capable
to supply part of the subject product
requested originally, then a restricted
quantity will be introduced for that
product.
(iii) If the Commercial Availability
List changes as a result of CITA’s
determination for the request to remove
or restrict, CITA will notify interested
parties by e-mail of its determination
and will publish a notice of its
determination for the request to remove
or restrict in the Federal Register.
(A) For removal, the notice will state
that textile and apparel articles
containing the subject product are not to
be treated as originating in a CAFTA-DR
country if the subject product is
obtained from non-CAFTA-DR sources,
effective for goods entered into the
United States on or after six months
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
9319
(e.g., 180 calendar days) after the date of
publication of the notice.
(B) For restriction, the notice will
specify the restricted quantity for the
subject product that is to be effective six
months after the publication date of the
notice.
Philip J. Martello,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. 06–1734 Filed 2–21–06; 12:43 pm]
BILLING CODE 3510–DS–S
DEPARTMENT OF DEFENSE
Office of the Secretary
[No. DoD–2006–OS–0019]
Submission for OMB Review;
Comment Request
ACTION:
Notice.
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by March 27, 2006.
Title, Form and OMB Number: Claim
for reimbursement and Payment
Voucher for Privately-Purchased
Protective, Safety, or Health Equipment
Used in Combat; DD Form 2902; OMB
Control Number 0704–0436.
Type of Request: Extension.
Number of Respondents: 2,500.
Responses per Respondent: 1.
Annual Responses: 2,500.
Average Burdens per Response: 45
minutes.
Annual Burden Hours: 1,875.
Needs and Uses: This information
collection requirement is necessary to
accept claims and process those claims
for reimbursement from separated
former members of the Armed Forces
and from survivors of deceased
members of the Armed Forces. Public
Law 108–375, section 351, and Public
Law 109–163, require the Department of
Defense to reimburse members of the
Armed Forces for privately-purchased
protective, safety, or health equipment
for Operations Noble Eagle, Enduring
Freedom, and Iraqi Freedom during the
period of September 11, 2001, to April
1, 2006. The DD Form 2902 will be
submitted by the former Service
member, or survivor of deceased Service
member, to an authorizing official
identified on the DD Form 2902 for
review and approval.
Affected Public: Individuals or
households.
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]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9315-9319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1734]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Interim Procedures for Considering Requests Under the Commercial
Availability Provision to the Dominican Republic-Central America-United
States Free Trade Agreement
February 21, 2006.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Notice of Interim Procedures and Request for Comments.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth the interim procedures the Committee
for the Implementation of Textile Agreements (``CITA'') will follow in
implementing certain provisions of the Dominican Republic-Central
America-United States Free Trade Agreement (``CAFTA-DR'' or
``Agreement'') Implementation Act. Section 203(o)(4) of the CAFTA-DR
Implementation Act establishes procedures for the President to modify
the list of fabrics, yarns, or fibers not available in commercial
quantities in a timely manner in the countries that are Parties to the
CAFTA-DR, as set out in Annex 3.25 of the CAFTA-DR. The President has
delegated to CITA the authority to determine whether fabrics, yarns, or
fibers are not available in commercial quantities in a timely manner in
CAFTA-DR countries and has directed CITA to establish procedures that
govern the submission of a request and provide the opportunity for
interested entities to submit comments and supporting evidence in any
such determination pursuant to the CAFTA-DR Implementation Act. This
notice hereby gives notice to interested entities of the procedures
CITA will follow in considering such requests and solicits public
written comments on these procedures. Comments must be received not
later than March 9, 2006 of this notice to the Chairman, Committee for
the Implementation of Textile Agreements, Room 3100, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230.
EFFECTIVE DATE: The date of entry into force of the Dominican-Central
America-United States Free Trade Agreement.
FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 204(o)(4) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(``CAFTA-DR'') the Statement of Administrative Action (``SAA''),
accompanying the CAFTA-DR, at 16-20.
Background
The CAFTA-DR provides a list in Annex 3.25 of the Agreement for
fabrics, yarns, and fibers that the Parties to the Agreement have
determined are not available in commercial quantities in a timely
manner from producers in the United States or other CAFTA-DR countries.
A textile and apparel good containing fabrics, yarns, or fibers that is
included in Annex 3.25 of the Agreement will be treated as if it is an
originating good for purposes of the specific rules of origin in Annex
4.1 of the Agreement, regardless of the actual origin of those inputs.
However, all other fabrics, yarns, or fibers of the component that
determines the classification of the good must meet the specific rules
of origin in Annex 4.1 of the Agreement. The CAFTA-DR provides that the
President will establish procedures governing the submission of
requests and may determine whether additional fabrics, yarns, or fibers
are available or are not available in commercial quantities in a timely
manner in the United States or the other CAFTA-DR countries. In
addition, the CAFTA-DR establishes that the President may remove a
fabric, yarn, or fiber from the list, if it has been added to the list
in an unrestricted quantity pursuant to section 203(o), if he
determines that the fabric, yarn, or fiber has become available in
commercial quantities in a timely manner.
The SAA provides that the President will delegate to CITA his
authority under section 203(o)(4) of the Agreement (``Commercial
Availability Provision''), to establish procedures for modifying the
list of fabrics, yarns, or fibers not available in commercial
quantities in a timely manner for
[[Page 9316]]
Agreement countries, as set out in Annex 3.25 of the Agreement.
These procedures are not subject to the requirement to provide
prior notice and opportunity for public comment, pursuant to 5 U.S.C.
553(b)(A) (Administrative Procedures Act).
Procedures for Considering Requests
1. Introduction
The intent of the CAFTA-DR Commercial Availability Procedures is to
foster the use of U.S. and CAFTA-DR products by implementing procedures
that allow products to be placed on or removed from a product list, on
a timely basis, and in a manner that is consistent with normal business
practice. To this end, these procedures are intended to facilitate the
transmission, on a timely basis, of order requests and offers to supply
such requests; have the market indicate the availability of the supply
of products that are the subject of requests; make available promptly,
to interested entities and parties, information regarding the requests
for products and offers received; ensure wide participation by
interested entities and parties; provide careful scrutiny of
information provided to substantiate order requests and response
offers; and provide timely public dissemination of information used by
CITA in making commercial availability determinations.
2. Definitions
(a) Commercial Availability Request. A ``Commercial Availability
Request'' is a submission from an interested entity requesting that
CITA place a good on the list in Annex 3.25 because that fiber, yarn,
or fabric is not available in commercial quantities in a timely manner
from a producer in the territory of any Party in the CAFTA-DR region.
(b) Interested Entity. An ``interested entity'' means a government
that is a Party to the Agreement, other than the United States; a
potential or actual purchaser of a textile or apparel good; or a
potential or actual supplier of a textile or apparel good. See section
202(o)(4)(B)(i) of the CAFTA-DR.
(c) Interested Party. An ``interested party'' means any interested
entity that requests to be included on the e-mail notification list for
Commercial Availability proceedings. Any interested entity may become
an interested party by contacting CITA. See Office of Textile and
Apparel, U.S. Department of Commerce, website for details at https://
web.ita.doc.gov/tacgi/CABroadcast.nsf/Document?Openform or send an e-
mail to OTEXA--CAFTA@ita.doc.gov.
(d) Official Receipt. The ``official receipt'' is CITA's e-mail
confirmation that it has received both the e-mail version and the
original submission signed by the interested entity delivered via
express courier.
(e) Request. A ``request'' refers to the Commercial Availability
Request.
(f) Request to Remove or Restrict. A ``request to remove or
restrict'' is a submission from an interested entity requesting that
CITA either remove a good or that a quantity restriction be introduced
six months after a subject product has been added to Commercial
Availability List in an unrestricted quantity pursuant to section
203(o).
(g) Requestor. The ``requestor'' refers to the interested entity
that files a request, either a Commercial Availability Request or a
Request to Remove or Restrict, under the CAFTA-DR Commercial
Availability provision, for CITA's consideration.
(h) Response with an Offer. A ``response with an offer'' is a
submission from an interested entity to CITA providing its objection to
the request or asserting its ability to supply the subject product by
providing an offer to supply the subject product described in the
request.
(i) Rebuttal Comment. A ``rebuttal comment'' is a submission from
an interested entity providing information in response to evidence or
arguments raised in a response submission. Rebuttal comments must be
limited to evidence and arguments provided in a response submission.
(j) Single, fiber, yarn, or fabric. The term ``single fiber, yarn,
or fabric'' means a single product, which may be only part of a
Harmonized Tariff Schedule of the United States (``HTSUS'') provision.
(k) U.S. Business day. A ``U.S. business day'' is any calendar day
other than a Saturday, Sunday, or a legal holiday. See section
202(o)(4)(B)(i) of the CAFTA-DR Implementation Act.
3. Submissions for Participation the U.S.-CAFTA-DR Commercial
Availability Proceeding.
(a) Filing Submission. All submissions for a CAFTA-DR Commercial
Availability proceeding (e.g., Commercial Availability Request,
Response with an Offer, Rebuttal Comments, and Request to Remove or
Restrict) must be in English and must be submitted to the U.S.
Department of Commerce's Office of Textiles and Apparel (``OTEXA'') in
two forms:
(1) an electronic-mail (``e-mail'') version of the submission must
be either in Word or Word-Perfect format and must contain an adequate
public summary of any business confidential information sent to OTEXA--
CAFTA@ita.doc.gov, which will be posted for public review on the
OTEXA's CAFTA-DR Commercial Availability website at
http:otexa.ita.doc.gov. No business proprietary information should be
submitted in the e-mail@ version of any document; and
(2) the original signed submission must be received via express
courier to--Chairman, Committee for the Implementation of Textile
Agreements, Room H3100, U.S. Department of Commerce, 14th and
Constitution Ave., N.W., Washington, DC 20230. Any business
confidential information upon which an interested entity wishes to rely
must be included in the original signed submission only.
(3) Brackets must be placed around all business confidential
information contained in submissions. Documents containing business
confidential information must have a bolded heading stating
``Confidential Version.'' Documents, including those submitted via e-
mail, provided for public release, must have a bolded heading stating
``Public Version'' and all the business confidential information must
be deleted and replaced with asterisks.
(4) Generally, details, such as quantities and lead times for
providing the subject product, can be treated as business confidential
information. However, the names of manufacturers who were contacted,
what was asked generally about the capability to manufacture the
subject product, and the responses thereto should be publicly
available.
(b) Due Diligence Certification. An interested entity must file a
certification of due diligence as described in subsection (b)(1) with
each submission containing factual information. If the interested
entity has legal counsel or other representative, the legal counsel or
other representative must file a certification of due diligence as
described in subsection (b)(2) with each submission containing factual
information. Accurate representations of material facts submitted to
CITA for the CAFTA-DR Commercial Availability proceeding are vital to
the integrity of this process and are necessary for CITA's effective
administration of the statutory scheme. Each submission containing
factual information for CITA's consideration must be accompanied by the
appropriate certification regarding the accuracy of the factual
information. Any submission that lacks the applicable certifications
will be considered an incomplete submission that CITA will reject and
return to the submitter. CITA may verify any factual information
submitted by interested entities in a CAFTA-DR Commercial Availability
proceeding.
(1) For the person responsible for
[[Page 9317]]
presentation of the factual information: I, (name and title), currently
employed by (interested entity), certify that (1) I have read the
attached submission, and (2) the information contained in this
submission is, to the best of my knowledge, complete and accurate.
(2) For the person's legal counsel or other representative: I,
(name), of (law or other firm), counsel or representative to
(interested party), certify that (1) I have read the attached
submission, and (2) based on the information made available to me by
(person), I have no reason to believe that this submission contains any
material misrepresentation or omission of fact.
(c) Official Receipt. A submission will be considered officially
submitted to CITA only when both the e-mail version and the original
signed submission have been received by CITA. CITA will confirm to the
requestor and responder that both versions of the request were received
and properly submitted by e-mail. CITA's e-mail confirmation shall be
considered the ``official receipt'' of the submission, and also begins
the statutory 30 U.S. business day process for CITA's consideration of
requests.
4. Submitting a Request for Consideration in a Commercial Availability
Proceeding.
(a) Commercial Availability Request. An interested entity may
submit a Commercial Availability request to CITA alleging that a fiber,
yarn, or fabric is not available in commercial quantities in a timely
manner from a producer in the territory of any Party in the U.S.-CAFTA-
DR region.
(b) Contents of a Commercial Availability Request.
(1) Detailed Product Information. The Commercial Availability
request must provide a detailed description of the product subject to
the request, including, if applicable, fiber content, construction,
yarn size, and finishing processes; and the classification of the
product under the HTSUS. All measurements must be stated in metric
units.
(2) Quantity. The Commercial Availability request must provide the
specific quantity of the product needed by the requestor, in standard
units of quantity for production of the subject product in the CAFTA-DR
region.
(3) Due Diligence. The Commercial Availability request must provide
a complete description of the due diligence undertaken by the requestor
to determine the subject product's availability in the CAFTA-DR region.
Due diligence for the requestor means that it has made reasonable
efforts to obtain the subject product from CAFTA-DR manufacturers. The
requestor must provide the names and addresses of manufacturers
contacted, who was specifically contacted, the exact request that was
made, the dates of those contacts, whether a sample of the subject
product was provided for review, and the exact response given for the
manufacturer's inability to supply the subject product under the same
conditions as contained in the Commercial Availability request
submitted to CITA, in addition to any other information the requestor
believes is relevant. The requestor must submit copies of relevant
correspondence, both inquiries and responses, with these manufacturers.
Specific details of correspondence with manufacturers, such as
quantities and lead times for providing the subject product, can be
treated as business confidential. However, the names of domestic
manufacturers who were contacted, what was asked generally about the
capability to manufacture the subject product, and the responses
thereto should be available for public review to ensure proper public
participation in the process.
(4) Substitutable Products. The Commercial Availability request may
provide, if relevant, the basis for the requestor's belief that other
products that are supplied by the domestic industry in commercial
quantities in a timely manner are not substitutable for the product(s)
that is (are) the subject of the request for purposes of the intended
use.
(5) Additional Information. The Commercial Availability request may
provide any additional evidence or information believed to be relevant
for CITA to determine whether a fiber, yarn, or fabric is not available
in commercial quantities in a timely manner from a producer in the
territory of any Party in the CAFTA-DR region.
(c) CITA will send e-mail confirmation of official receipt of the
Commercial Availability request, which begins the statutory 30 U.S.
business day process for considering the Commercial Availability
request.
5. Consideration and Acceptance of a Request.
In considering whether to accept a request, CITA will consider and
determine whether it provides all the required information specified
section 4(b)(1)-(3) in these procedures. CITA will determine whether to
accept the request for consideration and investigation not later than
two U.S. business days after the official receipt of a request.
(a) Request Rejected. If CITA determines that the request does not
contain the required information, the requestor will be notified
promptly by e-mail that the request has not been accepted and the
reasons for the rejection. A request may be resubmitted with additional
information for the subject product and CITA will reevaluate it as a
new request.
(b) Request Accepted. If CITA determines that the request contains
the required information, CITA will notify interested parties by e-mail
that a request has been filed. CITA will post the accepted request on
its website for public notice.
6. Submitting a Response in a Commercial Availability Proceeding.
(a) Response Submission. An interested entity may file a response
submission to a request CITA accepted advising CITA of its objection to
the request and its ability to supply the subject product by providing
an offer to supply the subject product as described in the request. An
interested entity will have 10 U.S. business days after official
receipt of a request to respond to a request. CITA may, for good cause,
extend the time limit, unless expressly precluded by statute.
(b) Contents of a Response with an Offer.
(1) Quantity. The response with an offer must supply the quantity
of the requested subject product that the interested entity, e.g., a
CAFTA-DR supplier(s) or manufacturer(s), is capable of currently
supplying, in standard units of quantity. All measurements must be in
metric units.
(2) Production Capability. The response with an offer must report
the quantity, in metric units, that the CAFTA-DR manufacturer produced
in the preceding 24-month period of the requested subject product.
(i) For products that have experienced cyclical demand or are not
currently produced, the manufacturer should indicate the quantity that
has been supplied or offered commercially in the past, with an
explanation of the reasons it is not currently produced or offered.
(ii) If the requestor has requested a new style, weight, or other
variation that is new to the market, then the CAFTA-DR supplier(s) or
manufacturer(s) should provide detailed information on its current
ability to make the new product.
(iii) If the CAFTA-DR supplier(s) or manufacturer(s) is making a
new product that has not yet been offered to the market but could meet
the requirements of the subject product, then the CAFTA-DR supplier(s)
or manufacturer(s) needs to provide
[[Page 9318]]
detailed information regarding the product and its ability to meet a
request.
(iv) Substitutable Products. The response with an offer may
provide, if relevant, the basis for the responder's belief that other
products that are supplied by the domestic industry in commercial
quantities in a timely manner are substitutable for the product(s) that
is the subject of the request for purposes of the intended use.
(3) Due Diligence. The response with an offer must provide a
complete description of the due diligence undertaken by the CAFTA-DR
supplier(s) or manufacturer(s) to substantiate the ability to supply
the subject product.
(i) In the case of new variations of a product, the supplier must
substantiate the ability to manufacture the subject product. The
supplier must provide sufficient detail of the manufacturing
capabilities of the facility that will supply the subject product, in
addition to any other information the supplier believes is relevant.
(ii) If some operations, such as finishing, will be completed by
other entities, the name of the facility and contact information must
be provided.
(4) Location of the CAFTA-DR supplier(s) or manufacturer(s). The
response with an offer must provide the name, address, phone number,
and e-mail address of a contact person at the facility claimed to be
able to supply the subject product.
(c) CITA will confirm official receipt of response submissions by
e-mail to the responding interested entity.
7. Submitting Rebuttal Evidence.
(a) Rebuttal Submission. Any interested entity may submit a
rebuttal submission to a response submission. An interested entity must
submit its rebuttal submission not later than 4 U.S. business days
after the deadline for response submissions. If good cause is shown,
CITA may extend the time limit.
(b) Contents of a Rebuttal Submission. The rebuttal submission may
respond only to evidence or arguments raised in the response submission
and must identify the submission, evidence and/or arguments to which it
is responding.
8. Determination Process.
(a) Not later than 30 U.S. business days after official receipt of
a request (or not later than 44 U.S. business days where an extension
is provided pursuant to section 8(c)(4) of these procedures), CITA will
notify interested parties by e-mail and the public on its website
whether the subject product is available in commercial quantities in a
timely manner in the CAFTA-DR area and whether an interested entity has
objected to the request.
(b) CITA will notify the public of the determination by publication
in the Federal Register when the determination results in a change to
the Commercial Availability List in Annex 3.25 of the Agreement.
(c) Types of Determinations.
(1) Denial. A denial means that CITA has determined that the
subject product is available in commercial quantities in a timely
manner in the CAFTA-DR area. If a request is denied, notice of the
denial will be posted on the CAFTA Commercial Availability website at
https://otexa.ita.doc.gov.
(2) Approval in Unrestricted Quantity. An approval in unrestricted
quantities means that CITA has determined that the subject product is
not available in commercial quantities in a timely manner in the CAFTA-
DA area or that no interested entity has objected to the request. CITA
will approve the request in an unrestricted quantity if CITA determines
that no CAFTA-DR supplier(s) or manufacturer(s) could fulfill the
request for the subject product.
(i) If a request is approved without restriction, a notice will be
published in the U.S. Federal Register not later than 30 U.S. business
days after the official receipt of a request, adding the subject
product to the Commercial Availability List in Annex 3.25 of the CAFTA-
DR.
(ii) The effective date of the determination is the notice's date
of publication in the U.S. Federal Register.
(3) Approval in Restricted Quantity. An approval in restricted
quantities means that CITA has determined that the subject product is
not available in sufficient commercial quantities to supply the
quantities stated in the request in a timely manner in the CAFTA-DR
area. CITA may approve the request in a restricted quantity if CITA
determines that a CAFTA-DR supplier(s) or manufacturer(s) could
partially fulfill the request for the subject product.
(i) If a request is approved with a restriction, a notice will be
published in the Federal Register not later than the 30 U.S. business
days after approval, adding the subject product to the Commercial
Availability List in Annex 3.25 of the CAFTA-DR with a restricted
quantity. The restricted quantity specifies the amount of the subject
product that must be obtained from a CAFTA-DR supplier(s) or
manufacturer(s) for the product to remain eligible for inclusion on the
Commercial Availability List.
(ii) The effective date of the determination will be the date of
publication in the U.S. Federal Register.
(iii) Elimination of the Restricted Quantity. Not later than six
months after adding a product to the Commercial Availability List with
a restricted quantity, CITA may eliminate the restriction if it
determines that the subject product is not available in commercial
quantities in a timely manner in the CAFTA-DR area.
(A) Within this six-month period, CITA will determine whether the
restricted quantity of the subject product specified in the original
determination, which was based upon an offer presented by the CAFTA-DR
supplier(s) or manufacturer(s), has been met. CITA will solicit
comments from the CAFTA-DR supplier(s) or manufacturer(s) and requestor
regarding the restricted quantity during the six-month period.
(1) If the CAFTA-DR supplier(s) or manufacture(s)r was unable to
provide the specifically offered amount, an explanation must be
provided to CITA for its consideration of whether to eliminate the
restriction.
(2) In the event that the restricted amount was not obtained from
the CAFTA-DR supplier(s) or manufacturer(s), CITA will notify
interested entities, by e-mail not later than 30 U.S. business days
before the six-month period expires, that it is considering elimination
of the quantitative restrictions for the subject product on the
Commercial Availability List.
(3) Interested entities may provide information explaining the
reasons for being unable to supply the specified offer, which CITA will
consider in making a decision on whether to eliminate the quantitative
restriction of the subject product.
(B) If CITA determines to eliminate the restricted quantity, a
notice will be published in the Federal Register.
(4) Insufficient Information to Determine. CITA will extend its time
period for consideration of the request an additional 14 U.S. business
days in the event that CITA determines, not later than 30 U.S. business
days after official receipt of a request, that it has insufficient
information to make a determination regarding the ability of a CAFTA-DR
supplier(s) or manufacturer(s) to supply the request based on the
submitted information. CITA will normally determine that it does not
have sufficient information to make a determination on a request when
CITA finds there is inconsistency in material information contained in
the request, one or more reply offers to supply the subject product,
and/or the rebuttal submissions. CITA will notify interested parties
via e-mail that it has
[[Page 9319]]
extended the time period for CITA's consideration by 14 U.S. business
days. CITA also will announce the extension on the website.
(i) Process during Extension Period. During the extended time
period, CITA will request that interested entities provide additional
evidence to support their claims and information previously submitted
to CITA and may meet with interested entities. Such evidence may
include inter alia product samples, lab tests, detailed descriptions of
product facilities, and comparisons of product performance in the
intended end-use of the subject product.
(ii) CITA also will consider evidence in support of claims that
CAFTA-DR supplier(s) or manufacturer(s) can supply a substantially
similar product to that specified in the request.
(iii) CITA will make a determination, not later than 44 U.S.
business days after the official receipt of a request whether to
approve, approve with restriction, or deny the request and will follow
the notification process accordingly.
(5) Deemed Approval. In the unlikely event that CITA does not make
a determination in response to a request, not later than 45 U.S.
business days after the official receipt of the request or not later
than 60 U.S. business days after the official receipt of the request
that was determined to lack sufficient information pursuant to
subsection (c)(4), the requested subject product shall be added to the
Commercial Availability list, in accordance with the requirements of
section 202(o)(4)(D) of the CAFTA-DR.
(6) Whenever the Chairman of CITA receives information concerning,
or a request from an interested entity for the review of a final
affirmative determination that resulted in a product being added to the
Commercial Availability List in Annex 3.25, which shows changed
circumstances sufficient to warrant a review of such determination,
CITA may conduct a review of such a determination after notifying
interested parties by e-mail of the review and posting notice on the
website. During a review conducted by CITA under this subsection, the
entity seeking revocation of a product from the Commercial Availability
List in Annex 3.25 shall have the burden of persuasion with respect to
whether there are changed circumstances sufficient to warrant such
revocation. Absent a show of good cause, CITA may not review a
determination less than 12 months after the date of publication of
notice of that determination.
9. Six Month Procedures: Submitting a Request to Remove or Restrict.
(a) Request to Remove or Restrict. An interested entity may file a
request with CITA requesting that a product be either removed or that a
quantity restriction be introduced six months after a requested subject
product has been added to Commercial Availability List in an
unrestricted quantity pursuant to Section 203(o).
(b) Content of a Request to Remove or Restrict. The request to
remove or restrict must provide the substantive information set forth
in subsection 6(b) (Contents of a Response with an Offer).
(c) Procedures.
(1) In considering whether to accept a request to remove or
restrict, CITA will follow procedures set forth in section 5
(Consideration and Acceptance of a Request).
(2) If CITA determines to accept the request to remove or restrict,
CITA and any responding interested party shall follow procedures and
contents set forth in subsections 6(a) and (c) (Response Submission)
and section 7 (Submitting Rebuttal Evidence).
(3) As set forth in subsections 8(a) and (b) (Determination
Process), CITA will determine whether the subject product of the
request to remove or restrict is available in commercial quantities in
a timely manner in the CAFTA-DR area not later than 30 U.S. business
days after the official receipt of the request.
(i) If CITA determines that the product is available in commercial
quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-
DR supplier(s) or manufacturer(s) is capable to supply all of the
subject product requested originally, then that product will be removed
from the Commercial Availability List.
(ii) If CITA determines that the product is available in commercial
quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-
DR supplier(s) or manufacturer(s) is capable to supply part of the
subject product requested originally, then a restricted quantity will
be introduced for that product.
(iii) If the Commercial Availability List changes as a result of
CITA's determination for the request to remove or restrict, CITA will
notify interested parties by e-mail of its determination and will
publish a notice of its determination for the request to remove or
restrict in the Federal Register.
(A) For removal, the notice will state that textile and apparel
articles containing the subject product are not to be treated as
originating in a CAFTA-DR country if the subject product is obtained
from non-CAFTA-DR sources, effective for goods entered into the United
States on or after six months (e.g., 180 calendar days) after the date
of publication of the notice.
(B) For restriction, the notice will specify the restricted
quantity for the subject product that is to be effective six months
after the publication date of the notice.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 06-1734 Filed 2-21-06; 12:43 pm]
BILLING CODE 3510-DS-S
