Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement), 53199-53200 [E8-21480]

Download as PDF Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522–8220 (voice) or (808) 522– 8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C 1801 et seq. Dated: September 10, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries National Marine Fisheries Service. [FR Doc. E8–21438 Filed 9–12–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Membership of the National Oceanic and Atmospheric Administration Performance Review Board National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of Membership of the NOAA Performance Review Board. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: In accordance with 5 U.S.C. 4314(c)(4), NOAA announces the appointment of four new members to serve with the current membership on the NOAA Performance Review Board (PRB). The NOAA PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service and Senior Professional members and making written recommendations to the appointing authority on retention and compensation matters, including performance-based pay adjustments, awarding of bonuses and reviewing recommendations for potential Presidential Rank Award nominees. The appointment of members to the NOAA PRB will be for a period of 12 months. DATES: Effective Date: The effective date of service of the four new appointees to the NOAA Performance Review Board is September 30, 2008. FOR FURTHER INFORMATION CONTACT: Claudia McMahon, Executive Resources Program Manager, Workforce Management Office, NOAA, 1305 EastWest Highway, Silver Spring, Maryland 20910, (301) 713–6306. SUPPLEMENTARY INFORMATION: The names and position titles of the members of the NOAA PRB are set forth below: John E. Oliver, Jr., Deputy Assistant Administrator for Operations, National Marine Fisheries Service Maureen E. Wylie, Chief Financial Officer VerDate Aug<31>2005 20:22 Sep 12, 2008 Jkt 214001 Vickie L. Nadolski, Deputy Assistant Administrator, National Weather Service Charles S. Baker, Deputy Assistant Administrator, National Environmental Satellite, Data and Information Service Alexander E. MacDonald, Deputy Assistant Administrator for Laboratories and Cooperative Institutes and Director, ESRL, Office of Oceanic and Atmospheric Research Paul N. Doremus, Director, Strategic Planning, Office of Program Planning and Integration William Corso, Deputy Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service Timothy R.E. Keeney, Deputy Assistant Secretary Tyra D. Smith, Director, Human Resources, Bureau of the Census, Department of Commerce Craig N. McLean, Deputy Assistant Administrator for Programs and Administration, Office of Oceanic and Atmospheric Research David M. Kennedy, Director for Ocean and Coastal Resource Management, National Ocean Service Rebecca Lent, Director, International Affairs, National Marine Fisheries Service Deidre R. Jones, Director, Systems Engineering Center, National Weather Service Joseph F. Klimavicz, Chief Information Officer and Director for High Performance Computing and Communications Charles A. Franklin, Director of Communications, Office of the Under Secretary Louisa Koch, Director, Office of Education Louis W. Uccellini, Director, National Centers for Environmental Prediction, National Weather Service Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service Kathleen A. Kelly, Director, Office of Satellite Operations, National Environmental Satellite, Data and Information Service Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service Ronald A. Glaser, Human Resources Officer, International Trade Administration, Department of Commerce PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 53199 Dated: September 4, 2008. Conrad C. Lautenbacher, Jr., Vice Admiral, U.S. Navy (Ret.), Under Secretary of Commerce for Oceans and Atmosphere. [FR Doc. E8–21474 Filed 9–12–08; 8:45 am] BILLING CODE 3510–12–P 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) The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. AGENCY: DATES: Effective Date: September 15, 2008. SUMMARY: The Committee for the Implementation of Textile Agreements (CITA) has determined that certain raschel knit open work crepe 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/CaffaReq Track.nsf. Reference number: 83.2008.08.08.Fabric.SoriniSametfor Hansoll. SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\15SEN1.SGM 15SEN1 53200 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices mstockstill on PROD1PC66 with NOTICES 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 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) (‘‘procedures’’). On August 8, 2008, the Chairman of CITA received a Request for a commercial availability determination (‘‘Request’’) under the CAFTA–DR from Sorini Samet & Associates, LLC, on behalf of Hansoll Textile Ltd., for certain raschel knit open work crepe fabrics. On August 12, 2008, in accordance with CITA’s procedures, CITA notified interested parties of the Request and posted the Request on the dedicated Web site for CAFTA–DR Commercial Availability. In its notification, CITA advised that any Response with an Offer to Supply (‘‘Response’’) must be submitted by August 22, 2008, and any Rebuttal be submitted by August 28, 2008. No interested entity submitted a Response advising CITA of its objection to the Request and its ability to supply the subject product. In accordance with section 203(o)(4)(C) of the CAFTA–DR Act, and CITA’s procedures, as no interested entity submitted a Response objecting to the Request and demonstrating its ability to supply the subject product, CITA has determined to add the specified fabric to the list in Annex 3.25 of the CAFTA–DR Agreement. The subject fabric has been added to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. A revised list has been posted on the dedicated Web site for CAFTA–DR Commercial Availability. Specifications: Raschel Knit Open Work Crepe HTS: 6005.22.00; 6005.24.00 Fiber Content: 75% cotton, 22% nylon, wrapped around 3% spandex. Yarn Size: Cotton: English: 17.2/s–18.9/2 Metric: 28.50/2–31.5/2 Nylon: VerDate Aug<31>2005 20:22 Sep 12, 2008 Jkt 214001 English: 38–42 denier/10 filament Metric: 213.75–236.25 metric/10 filament Spandex: English: 199.50–220.50 denier Metric: 40.85–45.15 metric Machine Gauge: 18 Number of Bars: 18 Weight: English: 0.45 to 0.50 linear yds/lb. Metric: 0.155–.171 kg/sq.m. Width: English: Not less than 54 to 58 inches, cuttable Metric: 137.2 to 147.3 cm, cuttable Finish: piece dyed or printed R. Matthew Priest, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E8–21480 Filed 9–12–08; 8:45 am] BILLING CODE 3510–DS–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement Committee for the Implementation of Textile Agreements (‘‘CITA’’). ACTION: Modifications to the CAFTA–DR Commercial Availability Final Procedures; Notice of Modified Procedures. AGENCY: SUMMARY: This notice presents the modifications to CITA’s Final Procedures under the CAFTA–DR Commercial Availability Provisions. DATES: Effective Date: September 15, 2008. FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3400. SUPPLEMENTARY INFORMATION: Authority: Section 203(o)(4) of the CAFTA–DR Implementation Act; the Statement of Administrative Action (‘‘SAA’’), accompanying the CAFTA–DR, at 16–20. Background Annex 3.25 of the Dominican Republic-Central America-United States Free Trade Agreement (‘‘Agreement’’) provides a list of fabrics, yarns, and fibers that the Parties to the Agreement have determined are not available in commercial quantities in a timely manner from suppliers 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 may be PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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, provided that all other fabrics, yarns, or fibers of the component that determines the classification of the good meet the specific rules of origin in Annex 4.1 of the Agreement. The CAFTA–DR Implementation Act provides that the President will establish procedures governing the submission of requests and may determine whether additional fabrics, yarns, or fibers 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 Implementation Act 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, known as the 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 Agreement countries, as set out in Annex 3.25 of the Agreement. The CAFTA–DR Commercial Availability Final Procedures (‘‘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). These procedures may be modified in the future to address concerns that may arise as CITA gains experience in implementing them. CITA possesses inherent authority to reconsider, and/or subsequently amend, commercial availability determinations that may have been procured by error, fraud, or similar faults. Should CITA undertake to review a determination under such circumstances, CITA will provide notice to the public, through the email and website notification processes described in the procedures, and provide opportunity for interested entities to submit comments and information for CITA’s consideration. CITA’s Request for Public Comment on the Due Diligence Requirement Under the CAFTA–DR Commercial Availability Procedures On December 3, 2007, CITA issued a Federal Register notice requesting public comment and proposals on the E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Notices]
[Pages 53199-53200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21480]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination Under the Textile and Apparel Commercial 
Availability Provision of the Dominican Republic-Central America-United 
States Free Trade Agreement (CAFTA-DR Agreement)

AGENCY: The Committee for the Implementation of Textile Agreements.

ACTION: Determination to add a product in unrestricted quantities to 
Annex 3.25 of the CAFTA-DR Agreement.

-----------------------------------------------------------------------

DATES: Effective Date: September 15, 2008.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain raschel knit open work crepe 
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/
CaffaReqTrack.nsf. Reference number: 
83.2008.08.08.Fabric.SoriniSametforHansoll.

SUPPLEMENTARY INFORMATION: 

    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

[[Page 53200]]

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 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) (``procedures'').
    On August 8, 2008, the Chairman of CITA received a Request for a 
commercial availability determination (``Request'') under the CAFTA-DR 
from Sorini Samet & Associates, LLC, on behalf of Hansoll Textile Ltd., 
for certain raschel knit open work crepe fabrics. On August 12, 2008, 
in accordance with CITA's procedures, CITA notified interested parties 
of the Request and posted the Request on the dedicated Web site for 
CAFTA-DR Commercial Availability. In its notification, CITA advised 
that any Response with an Offer to Supply (``Response'') must be 
submitted by August 22, 2008, and any Rebuttal be submitted by August 
28, 2008. No interested entity submitted a Response advising CITA of 
its objection to the Request and its ability to supply the subject 
product.
    In accordance with section 203(o)(4)(C) of the CAFTA-DR Act, and 
CITA's procedures, as no interested entity submitted a Response 
objecting to the Request and demonstrating its ability to supply the 
subject product, CITA has determined to add the specified fabric to the 
list in Annex 3.25 of the CAFTA-DR Agreement.
    The subject fabric has been added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
posted on the dedicated Web site for CAFTA-DR Commercial Availability.

Specifications: Raschel Knit Open Work Crepe

HTS: 6005.22.00; 6005.24.00
Fiber Content: 75% cotton, 22% nylon, wrapped around 3% spandex.
Yarn Size:
    Cotton:
    English: 17.2/s-18.9/2
    Metric: 28.50/2-31.5/2
    Nylon:
    English: 38-42 denier/10 filament
    Metric: 213.75-236.25 metric/10 filament
    Spandex:
    English: 199.50-220.50 denier
    Metric: 40.85-45.15 metric
Machine Gauge: 18
    Number of Bars: 18
    Weight:
    English: 0.45 to 0.50 linear yds/lb.
    Metric: 0.155-.171 kg/sq.m.
Width:
    English: Not less than 54 to 58 inches, cuttable
    Metric: 137.2 to 147.3 cm, cuttable
Finish: piece dyed or printed

R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E8-21480 Filed 9-12-08; 8:45 am]
BILLING CODE 3510-DS-P
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