Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement), 29664-29665 [E9-14754]

Download as PDF 29664 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices Commercial Availability Determination (‘‘Request’’) from Sorini, Samet & Associates (‘‘SS&A’’) for Cintas Corporation for certain yarn dyed plaid poplin fabrics. On May 19, 2009, in accordance with CITA’s procedures, CITA notified interested parties of the Request, which was posted on the dedicated website for CAFTA-DR Commercial Availability proceedings. In its notification, CITA advised that any Response with an Offer to Supply (‘‘Response’’) must be submitted by June 1, 2009, and any Rebuttal Comments to a Response (‘‘Rebuttal’’) must be submitted by June 5, 2009. No interested entity submitted a Response to the Request advising CITA of its objection to the Request and its ability to supply the subject product. In accordance with section 203(o)(4)(C) of the CAFTA-DR Implementation Act, and Section 8(c)(2) of CITA’s procedures, as no interested entity submitted a Response objecting to the Request and demonstrating its ability to supply the subject product, CITA has determined to add the specified fabric to the list in Annex 3.25 of the CAFTA-DR Agreement. The subject product has been added to the list in Annex 3.25 of the CAFTADR Agreement in unrestricted quantities. A revised list has been posted on the dedicated website for CAFTA-DR Commercial Availability proceedings. Specifications: Certain Yarn Dyed Plaid Poplin Fabric HTSUS: 5513.31 Fiber Content: 64% to 67% polyester; 33% to 36% cotton Yarn size, warp: Ring spun 49/1 to 53/1 metric: 64% to 67% polyester; 33% to 36% cotton Yarn size, filling: Ring spun 49/1 to 53/1 metric: 64% to 67% polyester; 33% to 36% cotton Thread count: 34.5 to 38 ends x 21 to 23 picks per centimeter Weave type: Plain Fabric Weight: 127 to 140 grams per square meter Fabric Width: 156 to 170 centimeters, cuttable Coloration: Warp stripes, filling yarns dyed multiple colors Finishing Processes: Moisture management, precure permanent press, 10% mechanical stretch in filling direction Kim-Bang Nguyen, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E9–14728 Filed 6–22–09; 8:45 am] BILLING CODE 3510–DS VerDate Nov<24>2008 18:02 Jun 22, 2009 Jkt 217001 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) June 18, 2009. AGENCY: The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. EFFECTIVE DATE: June 23, 2009. SUMMARY: The Committee for the Implementation of Textile Agreements (‘‘CITA’’) has determined that certain cotton stretch woven fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA–DR countries. The product will be added to the list in Annex 3.25 of the CAFTA–DR Agreement in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3651. FOR FURTHER INFORMATION ONLINE: https://web.ita.doc.gov/tacgi/ CaftaReqTrack.nsf. Reference number: 117.2009.05.13.Fabric.AmericanDesign Industries. SUPPLEMENTARY INFORMATION: Authority: The CAFTA–DR Agreement; Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade Agreement Implementation Act (CAFTA–DR Implementation Act), Pub. Law 109–53; the Statement of Administrative Action (SAA), accompanying the CAFTA–DR Implementation Act; and Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). BACKGROUND: The CAFTA–DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA–DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA–DR Agreement provides that this list may be modified pursuant to Article 3.25(4)–(5), when the President of the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party. See Annex 3.25 of the CAFTA–DR Agreement; see also section 203(o)(4)(C) of the CAFTA–DR Implementation Act. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 The CAFTA–DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of CAFTA–DR Implementation Act for modifying the Annex 3.25 list. On September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to CAFTA–DR (Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, 73 FR 53200) (‘‘procedures’’). On May 13, 2009, the Chairman of CITA received a Request for a Commercial Availability determination (‘‘Request’’) from American Design Industries (‘‘ADI’’) for certain cotton stretch woven fabrics. On May 15, 2009, in accordance with CITA’s procedures (73 FR 53200, September 15, 2008), CITA notified interested parties of the Request, which was posted on the dedicated website for CAFTA–DR Commercial Availability proceedings. In its notification, CITA advised that any Response with an Offer to Supply (‘‘Response’’) must be submitted by May 28, 2009, and any rebuttal to a Response (‘‘Rebuttal’’) must be submitted by June 3, 2009. No interested entity submitted a Response to the Request advising CITA of its objection to the Request and its ability to supply the subject product. In accordance with section 203(o)(4)(C) of the CAFTA–DR Implementation Act, and Section 8(c)(2) of CITA’s procedures, as no interested entity submitted a Response objecting to the Request and demonstrating its ability to supply the subject product, CITA has determined to add the specified fabric to the list in Annex 3.25 of the CAFTA–DR Agreement. The subject product has been added to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. A revised list has been posted on the dedicated website for CAFTA–DR Commercial Availability proceedings. Specifications: Certain Cotton Stretch Woven Fabric HTS: 5209.39.0090 and 5209.39.0080 Fiber Content: 96% to 97% cotton/4% to 3% spandex E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices Average Yarn Number: 38/IMC–40/IMC; 61/IMC Thread Count: 77 warp ends x 20 filling picks per square centimeter Weave Type: Stretch Dobby Weight: 208.17–254.43 grams/m2 Width: 124.46 to 132.08 centimeters Finish: Piece Dyed Variance allowance of up to three percent for content, ten percent for yarn size, ten percent for thread count, ten percent for fabric weight, and ten percent for fabric width. Kim-Bang Nguyen, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E9–14754 Filed 6–22–09; 8:45 am] BILLING CODE 3510–DS DEPARTMENT OF COMMERCE International Trade Administration [A–570–945] Prestressed Concrete Steel Wire Strand From the People’s Republic of China: Initiation of Antidumping Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. Effective Date: June 23, 2009. Alex Villanueva, AD/CVD Operations, Office 9, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3208. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: The Petition On May 27, 2009, the Department of Commerce (‘‘the Department’’) received an antidumping duty (‘‘AD’’) petition concerning imports of prestressed concrete steel wire strand (‘‘PC strand’’) from the People’s Republic of China (‘‘PRC’’) filed in proper form by American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp., (collectively, ‘‘Petitioners’’).1 On June 1, 2009, the Department issued a request for additional information and clarification of certain areas of the Petition. Based on the Department’s request, Petitioners filed supplements to the Petition on June 4, 2009 (‘‘Supplement to the AD Petition’’ and ‘‘Supplement to the AD/ CVD Petitions). On June 8, 2009, the Department requested further clarifications of industry support and producers/exporters identified in the 1 See Petitions for the Imposition of Antidumping and Countervailing Duties: Prestressed Concrete Steel Wire Strand From the People’s Republic of China, dated May 27, 2009 (the Petition). VerDate Nov<24>2008 16:15 Jun 22, 2009 Jkt 217001 Petitions. Based on the Department’s request, Petitioners filed supplements to the Petition on June 9, 2009 (‘‘Second Supplement to the AD/CVD Petitions’’). On June 12, 2009 the Department again asked for clarification regarding the scope. Based on the Department’s request, Petitioners filed an additional supplement to the Petition on June 15, 2009 (‘‘Third Supplement to the AD/ CVD Petitions’’). In accordance with section 732(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), Petitioners allege that imports of PC strand from the PRC are being, or are likely to be, sold in the United States at less than fair value, within the meaning of section 731 of the Act, and that such imports materially injure, or threaten material injury to, an industry in the United States. The Department finds that Petitioners filed the Petition on behalf of the domestic industry because Petitioners are interested parties as defined in section 771(9)(C) of the Act, and that they have demonstrated sufficient industry support with respect to the investigation that they are requesting the Department to initiate (see ‘‘Determination of Industry Support for the Petition’’ below). Scope of Investigation The products covered by this investigation are PC strand from the PRC. For a full description of the scope of the investigation, please see the ‘‘Scope of Investigation’’ in Appendix I of this notice. Comments on Scope of Investigation During our review of the Petition, we discussed the scope with Petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations (Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by July 6, 2009, twenty calendar days from the signature date of this notice. Comments should be addressed to Import Administration’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 29665 Comments on Product Characteristics for Antidumping Duty Questionnaires We are requesting comments from interested parties regarding the appropriate physical characteristics of PC strand to be reported in response to the Department’s antidumping questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate listing of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as (1) general product characteristics and (2) the product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, while there may be some physical product characteristics utilized by manufacturers to describe PC strand, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in product matching. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the antidumping duty questionnaires, we must receive comments at the above-referenced address by July 6, 2009. Additionally, rebuttal comments must be received by July 13, 2009. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29664-29665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14754]


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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)

June 18, 2009.
AGENCY: The Committee for the Implementation of Textile Agreements.

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

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

EFFECTIVE DATE: June 23, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain cotton stretch woven fabric, as 
specified below, is not available in commercial quantities in a timely 
manner in the CAFTA-DR countries. The product will be added to the list 
in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3651.
FOR FURTHER INFORMATION ON-LINE: https://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf. Reference number: 
117.2009.05.13.Fabric.AmericanDesign Industries.

SUPPLEMENTARY INFORMATION:

    Authority: The CAFTA-DR Agreement; Section 203(o)(4) of the 
Dominican Republic-Central America-United States Free Trade 
Agreement Implementation Act (CAFTA-DR Implementation Act), Pub. Law 
109-53; the Statement of Administrative Action (SAA), accompanying 
the CAFTA-DR Implementation Act; and Presidential Proclamations 7987 
(February 28, 2006) and 7996 (March 31, 2006).

BACKGROUND:

    The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, 
yarns, and fibers that the Parties to the CAFTA-DR Agreement have 
determined are not available in commercial quantities in a timely 
manner in the territory of any Party. The CAFTA-DR Agreement provides 
that this list may be modified pursuant to Article 3.25(4)-(5), when 
the President of the United States determines that a fabric, yarn, or 
fiber is not available in commercial quantities in a timely manner in 
the territory of any Party. See Annex 3.25 of the CAFTA-DR Agreement; 
see also section 203(o)(4)(C) of the CAFTA-DR Implementation Act.
    The CAFTA-DR Implementation Act requires the President to establish 
procedures governing the submission of a request and providing 
opportunity for interested entities to submit comments and supporting 
evidence before a commercial availability determination is made. In 
Presidential Proclamations 7987 and 7996, the President delegated to 
CITA the authority under section 203(o)(4) of CAFTA-DR Implementation 
Act for modifying the Annex 3.25 list. On September 15, 2008, CITA 
published modified procedures it would follow in considering requests 
to modify the Annex 3.25 list of products determined to be not 
commercially available in the territory of any Party to CAFTA-DR 
(Modifications to Procedures for Considering Requests Under the 
Commercial Availability Provision of the Dominican Republic-Central 
America-United States Free Trade Agreement, 73 FR 53200) 
(``procedures'').
    On May 13, 2009, the Chairman of CITA received a Request for a 
Commercial Availability determination (``Request'') from American 
Design Industries (``ADI'') for certain cotton stretch woven fabrics. 
On May 15, 2009, in accordance with CITA's procedures (73 FR 53200, 
September 15, 2008), CITA notified interested parties of the Request, 
which was posted on the dedicated website for CAFTA-DR Commercial 
Availability proceedings. In its notification, CITA advised that any 
Response with an Offer to Supply (``Response'') must be submitted by 
May 28, 2009, and any rebuttal to a Response (``Rebuttal'') must be 
submitted by June 3, 2009. No interested entity submitted a Response to 
the Request advising CITA of its objection to the Request and its 
ability to supply the subject product.
    In accordance with section 203(o)(4)(C) of the CAFTA-DR 
Implementation Act, and Section 8(c)(2) of CITA's procedures, as no 
interested entity submitted a Response objecting to the Request and 
demonstrating its ability to supply the subject product, CITA has 
determined to add the specified fabric to the list in Annex 3.25 of the 
CAFTA-DR Agreement.
    The subject product has been added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
posted on the dedicated website for CAFTA-DR Commercial Availability 
proceedings.

 
 
 
Specifications: Certain Cotton Stretch Woven Fabric
 
HTS: 5209.39.0090 and 5209.39.0080
Fiber Content: 96% to 97% cotton/4% to 3% spandex

[[Page 29665]]

 
Average Yarn Number: 38/IMC-40/IMC; 61/IMC
Thread Count: 77 warp ends x 20 filling picks per square centimeter
Weave Type: Stretch Dobby
Weight: 208.17-254.43 grams/m2
Width: 124.46 to 132.08 centimeters
Finish: Piece Dyed
Variance allowance of up to three percent for content, ten percent for
 yarn size, ten percent for thread count, ten percent for fabric weight,
 and ten percent for fabric width.
 


Kim-Bang Nguyen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E9-14754 Filed 6-22-09; 8:45 am]
BILLING CODE 3510-DS
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