Determination under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement), 48053-48054 [E9-22665]
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Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices
will begin at 9 a.m., at the Lassen
National Forest Headquarters Office,
Caribou Conference Room, 2550
Riverside Drive, Susanville, CA 96130.
This meeting will be dedicated to
review the process for 2009 funding
cycle, discuss project review with
monthly monitoring reports and the
future monitoring process, and report
out on summer field trips to projects.
FOR FURTHER INFORMATION CONTACT:
Contact Tern Frolli, Designated Federal
Official, at (530) 257–4188; or Public
Affairs Officer, Heidi Perry, at (530)
252–6604.
Lorene T. Guffey,
Acting Forest Supervisor.
[FR Doc. E9–22574 Filed 9–18–09; 8:45 am]
BILLING CODE M
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)
September 16, 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.
DATES:
Effective Date: September 21,
2009.
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY: The Committee for the
Implementation of Textile Agreements
(‘‘CITA’’) has determined that certain
cotton/polyester three thread circular
knit fleece 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, under ‘‘Approved
Requests,’’ reference number:
128.2009.08.07.Fabric.ST&Rfor
Intradeco
SUPPLEMENTARY INFORMATION:
Authority: The CAFTA–DR Agreement;
Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade
Agreement Implementation Act (‘‘CAFTA–
VerDate Nov<24>2008
17:24 Sep 18, 2009
Jkt 217001
DR Implementation Act’’), Public 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); 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
(September 15, 2008).
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 August 7, 2009, the Chairman of
CITA received a request for a
commercial availability determination
(‘‘Request’’) from Sandler, Travis &
Rosenberg, P.A. on behalf of Intradeco
Apparel, Inc. (‘‘Intradeco’’), for certain
cotton/polyester three thread circular
knit fleece fabrics. On August 11, 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
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
48053
(‘‘Response’’) must be submitted by
August 21, 2009, and any Rebuttal
Comments to a Response (‘‘Rebuttal’’)
must be submitted by August 27, 2009.
On August 24, 2009, CITA announced
that, in accordance with Section 6(a)
and 7(a) of its procedures, it found
sufficient good cause to extend the
deadlines for Responses to August 24,
2009, and deadlines for Rebuttals to
August 28, 2009. On August 24, 2009,
Hylos y Telas s.a. (‘‘HyT’’) submitted a
Response to the Request. On August 28,
2009, Interdeco submitted a Rebuttal to
the Response.
In its Request, Intradeco stated that it
had conducted due diligence to source
the fabric from CAFTA-DR suppliers,
including HyT. Intradeco reported that
it had engaged in a dialogue with HyT
over the course of several weeks, during
which time it requested information
about HyT’s capacity and asked that
HyT confirm its interest in supplying
the subject fabric. The requestor
asserted that HyT did not provide
detailed information about its
production capability and capacity to
produce the subject fabric. As a result,
Intradeco claimed that HyT did not
demonstrate that it is able supply the
fabric in question in commercial
quantities in a timely manner.
In the Response submitted by HyT,
the supplier stated that it had been in
contact with Intradeco in the course of
its due diligence efforts, and had offered
to supply the subject fabric. In the
Confidential version of its Response,
HyT provided information regarding its
production capabilities, including
quantities of past production of other
fabrics, and an inventory of its
manufacturing equipment. HyT also
stated that it had developed a new fabric
in response to Intradeco’s inquiries, and
had sent a sample to Intradeco on
August 8, 2009. With its sample, HyT
also sent a lab report reflecting the
specifications of the fabric, known as a
‘‘specification sheet.’’ HyT asserted that
it had provided Intradeco with the same
specification sheet it included as an
attachment in the Confidential version
of its Response. In its Response, HyT
stated that, while there were some
variations in the specifications of the
fabric it had developed and the required
specifications of the subject fabric,
‘‘such differences (were) not an obstacle
to fulfill the requirements of the final
product.’’
Section 203(o)(4)(C) of the CAFTA–
DR Implementation Act provides that
after receiving a Request, CITA will
make a determination as to whether the
subject product is available in
commercial quantities in a timely
manner in the CAFTA–DR countries. In
E:\FR\FM\21SEN1.SGM
21SEN1
48054
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices
the instant case, the information on the
record indicates that the fabric offered
by HyT does not meet the specifications
outlined in Intradeco’s Request,
differing in fiber content, appearance,
shrinkage tolerance, and yarn
construction. Further, HyT has not
established why its proposed fabric,
with its different specifications, is
substitutable for the subject product.
CITA therefore finds that HyT has not
demonstrated its ability to supply the
specified fabric or one substitutable.
Therefore, in accordance with section
203(o) of the CAFTA–DR
Implementation Act and CITA’s
procedures, as no interested entity has
substantiated its ability to supply the
subject product in commercial
quantities in a timely manner, CITA has
determined to add the specified fabric to
the list in Annex 3.25 of the CAFTA–
DR 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/Polyester Three
Thread Circular Knit Fleece Fabric (Fabric #2)
mstockstill on DSKH9S0YB1PROD with NOTICES
HTSUS: 6001.21
Fiber Content: 67–73% cotton/27–33% polyester
Average Yarn Number:
Face Yarn: 100% combed cotton, 50/1 to 57/1
metric (30/1 to 34/1 English).
Tie Yarn: 100% filament polyester; 176 to 184/48
filament metric filament polyester (49 to 51/48
filament denier)
Fleece Yarn: 57-63% carded cotton/37-43% polyester; 15/1 to 20/1 metric (9/1 to 12/1 English).
Machine Gauge: 21
Weight: 271–310 grams per square meter (8.0 to
9.15 ounces per square yard)
Width: 152–183 centimeters (60 to 72 inches)
Finish: Piece dyed and/or printed
In addition, the technical back must be heavily
napped to produce a fabric thickness of not less
than 4.5 millimeters, including the napped pile.
The height of the pile is a requirement of the finished fabric. During processing, including rolling
of the fabric, the actual height of the fabric, including the napping, may be less.
Performance Criteria: Vertical and horizontal
shrinkage must be less than 5%. Torque may not
exceed 4% All fabrics must have a Class 1 flammability rating.
For optimum fabric integrity and stitch definition, this
fabric must be knit on machines whose number of
yarn feeds is a multiple of 3.
Kimberly Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. E9–22665 Filed 9–18–09; 8:45 am]
BILLING CODE 3510–DS
VerDate Nov<24>2008
18:40 Sep 18, 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)
September 16, 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
DATES:
Effective Date: September 21,
2009.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(‘‘CITA’’) has determined that certain
cotton/nylon/spandex raschel knit open
work crepe 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 under ‘‘Approved
Requests,’’ Reference number:
130.2009.08.21.Fabric.ST&Rfor Hansae
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
accompanying the CAFTA–DR
Implementation Act; and Presidential
Proclamations 7987 (February 28, 2006) and
7996 (March 31, 2006); 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
(September 15, 2008) (‘‘CITA’s procedures’’).
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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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.
Pursuant to this authority, on September
15, 2008, CITA published modified
procedures it would follow in
considering requests to modify the
Annex 3.25 list of products determined
to be not commercially available in the
territory of any Party to CAFTA–DR. See
CITA’s procedures.
On August 21, 2009, the Chairman of
CITA received a Request for a
Commercial Availability Determination
(‘‘Request’’) from Sandler, Travis &
Rosenberg, P.A., on behalf of Hansae Co.
Ltd., for certain cotton/nylon/spandex
raschel knit open work crepe fabric, as
specified below. On August 24, 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
September 4, 2009, and any Rebuttal
Comments to a Response must be
submitted by September 11, 2009, in
accordance with Sections 6 and 7 of
CITA’s procedures. No interested entity
submitted a Response to the Request
advising CITA of an objection to the
Request and an 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.
Therefore, 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.
E:\FR\FM\21SEN1.SGM
21SEN1
]]>Agencies
[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48053-48054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22665]
=======================================================================
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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)
September 16, 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.
-----------------------------------------------------------------------
DATES: Effective Date: September 21, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements
(``CITA'') has determined that certain cotton/polyester three thread
circular knit fleece 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, under ``Approved Requests,'' reference number:
128.2009.08.07.Fabric.ST&Rfor Intradeco
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''),
Public 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);
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 (September
15, 2008).
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 August 7, 2009, the Chairman of CITA received a request for a
commercial availability determination (``Request'') from Sandler,
Travis & Rosenberg, P.A. on behalf of Intradeco Apparel, Inc.
(``Intradeco''), for certain cotton/polyester three thread circular
knit fleece fabrics. On August 11, 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 August 21, 2009,
and any Rebuttal Comments to a Response (``Rebuttal'') must be
submitted by August 27, 2009. On August 24, 2009, CITA announced that,
in accordance with Section 6(a) and 7(a) of its procedures, it found
sufficient good cause to extend the deadlines for Responses to August
24, 2009, and deadlines for Rebuttals to August 28, 2009. On August 24,
2009, Hylos y Telas s.a. (``HyT'') submitted a Response to the Request.
On August 28, 2009, Interdeco submitted a Rebuttal to the Response.
In its Request, Intradeco stated that it had conducted due
diligence to source the fabric from CAFTA-DR suppliers, including HyT.
Intradeco reported that it had engaged in a dialogue with HyT over the
course of several weeks, during which time it requested information
about HyT's capacity and asked that HyT confirm its interest in
supplying the subject fabric. The requestor asserted that HyT did not
provide detailed information about its production capability and
capacity to produce the subject fabric. As a result, Intradeco claimed
that HyT did not demonstrate that it is able supply the fabric in
question in commercial quantities in a timely manner.
In the Response submitted by HyT, the supplier stated that it had
been in contact with Intradeco in the course of its due diligence
efforts, and had offered to supply the subject fabric. In the
Confidential version of its Response, HyT provided information
regarding its production capabilities, including quantities of past
production of other fabrics, and an inventory of its manufacturing
equipment. HyT also stated that it had developed a new fabric in
response to Intradeco's inquiries, and had sent a sample to Intradeco
on August 8, 2009. With its sample, HyT also sent a lab report
reflecting the specifications of the fabric, known as a ``specification
sheet.'' HyT asserted that it had provided Intradeco with the same
specification sheet it included as an attachment in the Confidential
version of its Response. In its Response, HyT stated that, while there
were some variations in the specifications of the fabric it had
developed and the required specifications of the subject fabric, ``such
differences (were) not an obstacle to fulfill the requirements of the
final product.''
Section 203(o)(4)(C) of the CAFTA-DR Implementation Act provides
that after receiving a Request, CITA will make a determination as to
whether the subject product is available in commercial quantities in a
timely manner in the CAFTA-DR countries. In
[[Page 48054]]
the instant case, the information on the record indicates that the
fabric offered by HyT does not meet the specifications outlined in
Intradeco's Request, differing in fiber content, appearance, shrinkage
tolerance, and yarn construction. Further, HyT has not established why
its proposed fabric, with its different specifications, is
substitutable for the subject product. CITA therefore finds that HyT
has not demonstrated its ability to supply the specified fabric or one
substitutable. Therefore, in accordance with section 203(o) of the
CAFTA-DR Implementation Act and CITA's procedures, as no interested
entity has substantiated its ability to supply the subject product in
commercial quantities in a timely manner, CITA has determined to add
the specified fabric to the list in Annex 3.25 of the CAFTA-DR
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/Polyester Three Thread Circular Knit
Fleece Fabric (Fabric 2)
HTSUS: 6001.21
Fiber Content: 67-73% cotton/27-33% polyester
Average Yarn Number:
Face Yarn: 100% combed cotton, 50/1 to 57/1 metric (30/1 to 34/1
English).
Tie Yarn: 100% filament polyester; 176 to 184/48 filament metric
filament polyester (49 to 51/48 filament denier)
Fleece Yarn: 57-63% carded cotton/37-43% polyester; 15/1 to 20/1
metric (9/1 to 12/1 English).
Machine Gauge: 21
Weight: 271-310 grams per square meter (8.0 to 9.15 ounces per square
yard)
Width: 152-183 centimeters (60 to 72 inches)
Finish: Piece dyed and/or printed
In addition, the technical back must be heavily napped to produce a
fabric thickness of not less than 4.5 millimeters, including the napped
pile. The height of the pile is a requirement of the finished fabric.
During processing, including rolling of the fabric, the actual height
of the fabric, including the napping, may be less.
Performance Criteria: Vertical and horizontal shrinkage must be less
than 5%. Torque may not exceed 4% All fabrics must have a Class 1
flammability rating.
For optimum fabric integrity and stitch definition, this fabric must be
knit on machines whose number of yarn feeds is a multiple of 3.
Kimberly Glas,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E9-22665 Filed 9-18-09; 8:45 am]
BILLING CODE 3510-DS
