Determination under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement), 9544-9545 [08-784]
Download as PDF
<![CDATA[
9544
Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
provided in NMFS’ 1998 EA led NMFS
to conclude that implementation of the
preferred alternative identified in the
EA would not have a significant impact
on the human environment. In
considering the adequacy of NMFS’
1998 EA for analysis of potential
environmental consequences associated
with the 2008 proposed authorizations,
NMFS conducted an informal review
and analysis of that EA and prepared a
supplemental EA (SEA) to address the
following specific issues: (1) purpose
and need; (2) affected environment to
include spotted seals; (3) environmental
consequences to include spotted seals;
(4) cumulative impacts analysis; and (5)
revised mitigation and monitoring
measures. NMFS believes that the
information in NMFS’ 1998 EA remains
valid, except as noted or modified in the
SEA. Therefore, an Environmental
Impact Statement was not prepared.
NMFS issued a Finding of No
Significant Impact Statement on
February 14, 2008.
Determinations
For the reasons discussed in this
document and in the identified
supporting documents, NMFS has
determined that the impact of the on-ice
marine geophysical and seismic surveys
by Veritas and SOI would result, at
worst, in Level B harassment of small
numbers of ringed seals, and that such
taking will have no more than a
negligible impact on this species. In
addition, NMFS has determined that
bearded and spotted seals, if present
within the vicinity of the project area
could also be taken incidentally, by no
more than Level B harassment and that
such taking would have a negligible
impact on such species or stocks.
Although there is not a specific number
assessed for the taking of bearded and
spotted seals due to their rare
occurrence in the project area, NMFS
believes that any take would be
significantly lower than those of ringed
seals and would be small relative to the
overall population of spotted and
bearded seals. NMFS also finds that the
action will not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence uses.
In addition, no take by Level A
harassment (injury) or death is
anticipated or authorized, and
harassment takes should be at the
lowest level practicable due to
incorporation of the mitigation
measures described in this document.
Authorization
NMFS has issued two IHAs to Veritas
and one IHA to SOI for the potential
VerDate Aug<31>2005
16:34 Feb 20, 2008
Jkt 214001
Level B harassment of small numbers of
ringed seals, and potential Level B
harassment of small numbers of bearded
and spotted seals incidental to
conducting on-ice marine geophysical
and seismic surveys in the U.S. Beaufort
Sea, provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: February 14, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–3257 Filed 2–20–08; 8:45 am]
BILLING CODE 3510–22–S
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination under the Textile and
Apparel Commercial Availability
Provision of the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA-DR
Agreement)
February 15, 2008.
The Committee for the
Implementation of Textile Agreements
(CITA).
AGENCY:
Determination to add a product
in unrestricted quantities to Annex 3.25
of the CAFTA-DR Agreement
ACTION:
February 21, 2008.
The Committee for the
Implementation of Textile Agreements
(CITA) has determined that certain
composite fabrics, as specified below,
are 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.
EFFECTIVE DATE:
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3651.
FOR FURTHER INFORMATION ONLINE: https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference number:
38.2007.12.26.Fabric.Columbia
SportswearCo.
SUPPLEMENTARYINFORMATION:
Authority: Section 203(o)(4) of the
Dominican Republic-Central America-United
States Free Trade Agreement Implementation
Act (CAFTA-DR Act); the Statement of
Administrative Action (SAA) accompanying
the CAFTA-DR Act; Presidential
Proclamations 7987 (February 28, 2006) and
7996 (March 31, 2006).
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
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, Note; see
also section 203(o)(4)(C) of the CAFTADR Act.
The CAFTA-DR 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 the CAFTA-DR Act for
modifying the Annex 3.25 list. On
March 21, 2007, CITA published final
procedures it would follow in
considering requests to modify the
Annex 3.25 list (72 FR 13256).
On December 26, 2007, CITA received
a commercial availability request from
Columbia Sportswear Company
(Columbia) for a composite fabric
consisting of a woven face fabric and a
knit backing fabric laminated together
by means of a chemical adhesive, of the
specifications detailed below. On
December 28, 2007, in accordance with
CITA’s procedures , CITA notified
interested parties of, and posted on its
website, the accepted petition and
requested that interested entities
provide by January 10, 2008, a response
advising of its objection to the
commercial availability request or its
ability to supply the subject product.
CITA also explained that rebuttals to
responses were due to CITA by January
16, 2008.
On January 7, 2008, Polartec, LLC
(Polartec) submitted a response with an
offer to supply, advising CITA of its
objection to the request and explaining
its ability to supply the fabric as
specified in the request in commercial
quantities in a timely manner. In its
response, Polartec explained that it had
been contacted by Columbia and that it
had engaged in extensive discussions
regarding development and production
of the fabric. Polartec claimed that the
sample fabric it had provided Columbia
in November 2007 was a substitutable
product and a reasonable alternative to
E:\FR\FM\21FEN1.SGM
21FEN1
pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices
the specified product. Polartec further
stated that while there had been some
difficulties in sourcing one component
of the final fabric, a woven face fabric,
that product was currently available,
and that any concerns Columbia had
with respect to the sample previously
provided could be addressed.
On January 16, 2008, Columbia
submitted its rebuttal to Polartec’s
response. In its submission, Columbia
indicated that it had made significant
efforts to produce the fabric with
Polartec, and had provided the company
ample opportunity to develop the
product. Columbia argued that despite
its efforts to source the product from
Polartec, Polartec was unable to
substantiate its claims that it could
produce the fabric as specified in a
timely manner. Columbia asserted that
Polartec’s inability to source different
components of the final fabric as
specified, namely the woven face fabric
and the embossing, was the reason that
the sample provided by Polartec
differed substantially from the
specifications Columbia required.
Therefore, Columbia argued that
Polartec is unable to supply the fabric
in question in a timely manner.
On January 24, 2008, in accordance
with section 203(o)(4) of the CAFTA-DR
Act, Article 3.25 of the CAFTA-DR
Agreement, and section 8(c)(4) of CITA’s
procedures, because there was
insufficient information to make a
determination within 30 days, CITA
extended the period of making a
determination by 14 U.S. business days.
On February 6, 2008, in accordance
with section 8(c)(4)(i) of CITA’s final
procedures, CITA held a public meeting
with representatives from Columbia,
Polartec, and Burlington Worldwide,
during which the interested entities
presented evidence and arguments to
CITA regarding Polartec’s stated ability
to provide the subject fabric in
commercial quantities in a timely
manner.
Section 203(o)(4)(C)(ii) of the CAFTADR 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 clearly
indicates that Columbia made
significant efforts to source the fabric in
the CAFTA-DR region, specifically from
Polartec, and that Polartec cannot
supply the specified fabric in a timely
manner. Therefore, in accordance with
section 203(o) of the CAFTA-DR Act,
and its procedures, as no interested
entity has substantiated its ability to
supply the subject product in
VerDate Aug<31>2005
17:42 Feb 20, 2008
Jkt 214001
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 Agreement.
The subject fabric is added to the list
in Annex 3.25 of the CAFTA-DR
Agreement in unrestricted quantities. A
revised list has been published on-line.
CITA notes that, in accordance with
section 203(o)(4) of the CAFTA-DR Act,
Article 3.25 of the CAFTA-DR
Agreement, and section 9 of CITA’s
procedures, an interested entity may
request CITA to remove or restrict the
quantity of a product listed in Annex
3.25 six months after the product has
been added. If CITA determines that the
product is available in commercial
quantities, or restricted quantities, in a
timely manner in the CAFTA-DR
countries, CITA will publish in the
Federal Register a notice of its
determination of removal or restriction.
Accordingly, the product will be
removed from the Annex 3.25 list, or its
quantity restricted, six months after the
publication date of CITA’s
determination.
Specifications:
HTS Subheading: 6001.22
(a) Woven Face Fabric:
Fiber Content: 100% textured polyester with mechanical stretch
Average Yarn Number:
Warp: 114-126 metric/72 filament polyester
(71-79 denier/72 filament polyester)
Filling: 107-118 metric/72 filament polyester
(76-84 denier/72 filament polyester)
Thread Count: 54-60 warp ends per centimeter x
45-50 filing picks per centimeter(137-152 warp
end per inch x (114-126 filling picks per inch)
Weave Type: 2x2 twill with mechanical stretch
Weight: 100-110 grams per square meter (2.9-3.3
ounces per square yard)
Finish: Piece dyed or printed; piece dyed or printed and embossed with engraved rollers
(b) Knit Back Fabric:
Knit: 2 thread circular knit fleece (looped pile knit)
Average Yarn Number:
Face yarn: 114 -127 metric/36 filament (7179 denier/36 filament)
Fleece yarn: 114-127 metric/144 filament
(71-79 denier / 144 filament)
Machine Gauge: 24
Weight: 133-147 grams/sq. meter (3.9-4.3 oz. sq
yd)
Finish: Piece dyed or printed; piece dyed or printed and embossed with engraved rollers
NOTES: Face fabric treated with a durable water
repellent finish that passes the AATCC Test ι22;
Fabrics joined with a dot matrix adhesive; Fleece
fabric has a mechanical anti-pill finish achieved
by shearing the technical back and tumbling in
the presence of heat.
≤Width: Minimum cuttable width of composite fabric
is 143.5 cm (56.5 inches).
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
9545
R. Matthew Priest,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. 08–784 Filed 2–15–08; 1:42 pm]
BILLING CODE 3510–DS–S
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination under the Textile and
Apparel Commercial Availability
Provision of the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA-DR
Agreement)
February 15, 2008.
The Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Determination to add a product
in unrestricted quantities to Annex 3.25
of the CAFTA-DR Agreement.
AGENCY:
EFFECTIVE DATE: February 21, 2008.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(CITA) has determined that certain wool
blend coating fabrics, as specified
below, are 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 ONLINE: https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference number:
39.2008.01.16.Fabric.Alston&BirdRothschild&Co.
SUPPLEMENTARYINFORMATION:
Authority: Section 203(o)(4) of the
Dominican Republic-Central America-United
States Free Trade Agreement Implementation
Act (CAFTA-DR Act); the Statement of
Administrative Action (SAA), accompanying
the CAFTA-DR 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
E:\FR\FM\21FEN1.SGM
21FEN1
]]>Agencies
[Federal Register Volume 73, Number 35 (Thursday, February 21, 2008)]
[Notices]
[Pages 9544-9545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-784]
=======================================================================
-----------------------------------------------------------------------
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)
February 15, 2008.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Determination to add a product in unrestricted quantities to
Annex 3.25 of the CAFTA-DR Agreement
-----------------------------------------------------------------------
EFFECTIVE DATE: February 21, 2008.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain composite fabrics, as specified
below, are 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: https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference number: 38.2007.12.26.Fabric.Columbia
SportswearCo.
SUPPLEMENTARYINFORMATION:
Authority: Section 203(o)(4) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(CAFTA-DR Act); the Statement of Administrative Action (SAA)
accompanying the CAFTA-DR 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, Note; see also section
203(o)(4)(C) of the CAFTA-DR Act.
The CAFTA-DR 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 the CAFTA-DR Act for modifying the
Annex 3.25 list. On March 21, 2007, CITA published final procedures it
would follow in considering requests to modify the Annex 3.25 list (72
FR 13256).
On December 26, 2007, CITA received a commercial availability
request from Columbia Sportswear Company (Columbia) for a composite
fabric consisting of a woven face fabric and a knit backing fabric
laminated together by means of a chemical adhesive, of the
specifications detailed below. On December 28, 2007, in accordance with
CITA's procedures , CITA notified interested parties of, and posted on
its website, the accepted petition and requested that interested
entities provide by January 10, 2008, a response advising of its
objection to the commercial availability request or its ability to
supply the subject product. CITA also explained that rebuttals to
responses were due to CITA by January 16, 2008.
On January 7, 2008, Polartec, LLC (Polartec) submitted a response
with an offer to supply, advising CITA of its objection to the request
and explaining its ability to supply the fabric as specified in the
request in commercial quantities in a timely manner. In its response,
Polartec explained that it had been contacted by Columbia and that it
had engaged in extensive discussions regarding development and
production of the fabric. Polartec claimed that the sample fabric it
had provided Columbia in November 2007 was a substitutable product and
a reasonable alternative to
[[Page 9545]]
the specified product. Polartec further stated that while there had
been some difficulties in sourcing one component of the final fabric, a
woven face fabric, that product was currently available, and that any
concerns Columbia had with respect to the sample previously provided
could be addressed.
On January 16, 2008, Columbia submitted its rebuttal to Polartec's
response. In its submission, Columbia indicated that it had made
significant efforts to produce the fabric with Polartec, and had
provided the company ample opportunity to develop the product. Columbia
argued that despite its efforts to source the product from Polartec,
Polartec was unable to substantiate its claims that it could produce
the fabric as specified in a timely manner. Columbia asserted that
Polartec's inability to source different components of the final fabric
as specified, namely the woven face fabric and the embossing, was the
reason that the sample provided by Polartec differed substantially from
the specifications Columbia required. Therefore, Columbia argued that
Polartec is unable to supply the fabric in question in a timely manner.
On January 24, 2008, in accordance with section 203(o)(4) of the
CAFTA-DR Act, Article 3.25 of the CAFTA-DR Agreement, and section
8(c)(4) of CITA's procedures, because there was insufficient
information to make a determination within 30 days, CITA extended the
period of making a determination by 14 U.S. business days.
On February 6, 2008, in accordance with section 8(c)(4)(i) of
CITA's final procedures, CITA held a public meeting with
representatives from Columbia, Polartec, and Burlington Worldwide,
during which the interested entities presented evidence and arguments
to CITA regarding Polartec's stated ability to provide the subject
fabric in commercial quantities in a timely manner.
Section 203(o)(4)(C)(ii) of the CAFTA-DR 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 clearly indicates that Columbia made significant efforts
to source the fabric in the CAFTA-DR region, specifically from
Polartec, and that Polartec cannot supply the specified fabric in a
timely manner. Therefore, in accordance with section 203(o) of the
CAFTA-DR Act, and its 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 Agreement.
The subject fabric is added to the list in Annex 3.25 of the CAFTA-
DR Agreement in unrestricted quantities. A revised list has been
published on-line.
CITA notes that, in accordance with section 203(o)(4) of the CAFTA-
DR Act, Article 3.25 of the CAFTA-DR Agreement, and section 9 of CITA's
procedures, an interested entity may request CITA to remove or restrict
the quantity of a product listed in Annex 3.25 six months after the
product has been added. If CITA determines that the product is
available in commercial quantities, or restricted quantities, in a
timely manner in the CAFTA-DR countries, CITA will publish in the
Federal Register a notice of its determination of removal or
restriction. Accordingly, the product will be removed from the Annex
3.25 list, or its quantity restricted, six months after the publication
date of CITA's determination.
Specifications:
HTS Subheading: 6001.22
(a) Woven Face Fabric:
Fiber Content: 100% textured polyester with mechanical stretch
Average Yarn Number:
Warp: 114-126 metric/72 filament polyester (71-79 denier/72
filament polyester)
Filling: 107-118 metric/72 filament polyester (76-84 denier/72
filament polyester)
Thread Count: 54-60 warp ends per centimeter x 45-50 filing picks per
centimeter(137-152 warp end per inch x (114-126 filling picks per
inch)
Weave Type: 2x2 twill with mechanical stretch
Weight: 100-110 grams per square meter (2.9-3.3 ounces per square
yard)
Finish: Piece dyed or printed; piece dyed or printed and embossed with
engraved rollers
(b) Knit Back Fabric:
Knit: 2 thread circular knit fleece (looped pile knit)
Average Yarn Number:
Face yarn: 114 -127 metric/36 filament (71-79 denier/36 filament)
Fleece yarn: 114-127 metric/144 filament (71-79 denier / 144
filament)
Machine Gauge: 24
Weight: 133-147 grams/sq. meter (3.9-4.3 oz. sq yd)
Finish: Piece dyed or printed; piece dyed or printed and embossed with
engraved rollers
NOTES: Face fabric treated with a durable water repellent finish that
passes the AATCC Test 22; Fabrics joined with a dot matrix
adhesive; Fleece fabric has a mechanical anti-pill finish achieved by
shearing the technical back and tumbling in the presence of heat.
>Width: Minimum cuttable width of composite fabric is 143.5 cm (56.5
inches).
R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 08-784 Filed 2-15-08; 1:42 pm]
BILLING CODE 3510-DS-S
