Determination under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement), 48055-48056 [E9-22669]
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Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices
Specifications: Certain Cotton/Nylon/Spandex
Raschel Knit Open Work Crepe Fabric
HTSUS: 6005.22.00, 6005.24.00
Fabric type: Raschel knit, open work crepe fabric
Fiber content: 59–63% cotton, 33–36% nylon,
wrapped with 3–5% spandex
Yarn size:
Cotton:
English: 57/2 to 63/2
Metric: 96/2 to 107/2
Nylon:
English: 38 to 42 denier/24 filament or 66 to 74
denier / 2
Metric: 38 to 62 denier/24 filament or 121.50 to
136.50 / 2
Spandex (wrapped around Nylon):
Spandex—English: 199.5 to 220.5 denier; Metric:
40.85 to 45.15;
Nylon— English: 66–74 denier/2; Metric: 121.50
to 136.5/2)
Machine gauge: 18
Number of bars: 34
Weight: 110 to 140 grams per sq. meter
Width: 127 to 152 centimeters
Finishing Process: Piece dyed or printed
Kimberly Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. E9–22672 Filed 9–18–09; 8:45 am]
BILLING CODE 3510–DS
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,
mstockstill on DSKH9S0YB1PROD with NOTICES
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 ONLINE: https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf, under ‘‘Approved
Requests,’’ reference number:
VerDate Nov<24>2008
18:40 Sep 18, 2009
Jkt 217001
127.2009.08.07.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–
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); 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
48055
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 the 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
E:\FR\FM\21SEN1.SGM
21SEN1
48056
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices
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
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.
mstockstill on DSKH9S0YB1PROD with NOTICES
Specifications: Certain Cotton/Polyester Three
Thread Circular Knit Fleece Fabric (Fabric #1)
HTSUS: 6001.21
Fiber Content: 77–83% cotton/17–23% polyester
Yarn Size:
1.Face Yarn: 100% combed cotton ring spun, 49/1
to 54/1 metric (29/1 to 32/1 English) in each of
the following configurations:
a. 100% bleached or dyed cotton
b. 95% undyed cotton/5% dyed cotton
c. 90% undyed cotton/10% dyed cotton
d. 80% undyed cotton/20% dyed cotton
e. 70% undyed cotton/30% dyed cotton
f. 60% undyed cotton/40 dyed cotton
g. 50% undyed cotton/50% dyed cotton
h. 40% undyed cotton/60% dyed cotton
i. 30% undyed cotton/70% dyed cotton
j. 25% undyed cotton/75% dyed cotton
k. 20% undyed cotton/80% dyed cotton
The percentages above may vary by up to 2 percentage points.
2. Tie Yarn: 176 to 184/48 filament metric filament
polyester (49 to 51/48 filament denier)
3. Fleece Yarn: 67-73% carded cotton, 26/1 to 30/1
metric ring spun/27–33% 3600–4500 metric polyester staple (15.5/1 to 18/1 ring spun/2.0 to 2.5
denier polyester staple)
Machine Gauge: 21
Weight: 232–271 grams per square meter (6.85 to
8.0 ounces per square yard)
Width: Not less than 152 centimeters cuttable (60
inches)
Finish: Napped on technical back; bleached and/or
dyed; and of yarns of different colors
VerDate Nov<24>2008
18:40 Sep 18, 2009
Jkt 217001
Performance Criteria: Not more than 5% vertical
and horizontal shrinkage; not more than 4%
vertical torque
Kimberly Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. E9–22669 Filed 9–18–09; 8:45 am]
BILLING CODE 3510–DS
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Limitations of Duty-and Quota-Free
Imports of Apparel Articles Assembled
in Beneficiary ATPDEA Countries from
Regional Country Fabric
September 15, 2009.
AGENCY: Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Publishing the New 12-Month
Cap on Duty and Quota Free Benefits.
DATES:
Effective Date: October 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Richard Stetson, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 3103 of the Trade Act
of 2002, Pub. L. 107-210; Title VII of the Tax
Relief and Health Care Act of 2006 (TRHCA
2006), P.L. 109-432; H.R. 1830, 110th Cong.
(2007) (H.R. 1830); Presidential Proclamation
7616 of October 31, 2002 (67 FR 67283,
November 5, 2002).
Section 3103 of the Trade Act of 2002
amended the Andean Trade Preference
Act (ATPA) to provide for duty and
quota-free treatment for certain textile
and apparel articles imported from
designated Andean Trade Promotion
and Drug Eradication Act (ATPDEA)
beneficiary countries. Section
204(b)(3)(B)(iii) of the ATPA, as
amended, provides duty- and quota-free
treatment for certain apparel articles
assembled in ATPDEA beneficiary
countries from regional fabric and
components. More specifically, this
provision applies to apparel articles
sewn or otherwise assembled in one or
more ATPDEA beneficiary countries
from fabrics or from fabric components
formed or from components knit-toshape, in one or more ATPDEA
beneficiary countries, from yarns wholly
formed in the United States or one or
more ATPDEA beneficiary countries
(including fabrics not formed from
yarns, if such fabrics are classifiable
under heading 5602 and 5603 of the
Harmonized Tariff Schedule (HTS) and
are formed in one or more ATPDEA
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
beneficiary countries). Such apparel
articles may also contain certain other
eligible fabrics, fabric components, or
components knit-to-shape.
The TRHCA of 2006 extended the
expiration of the ATPA to June 30, 2007.
See section 7002(a) of the TRHCA 2006.
H.R. 1830 further extended the
expiration of the ATPA to February 29,
2008. H.R. 5264 further extended the
expiration of the ATPA to December 31,
2008. H.R. 7222, 110th Cong. (2008),
further extended the expiration of the
ATPA to December 31, 2009. See Pub.
L. No. 110-436.
For the period beginning on October
1, 2009 and extending through
December 31, 2009, preferential tariff
treatment is limited under the regional
fabric provision to imports of qualifying
apparel articles in an amount not to
exceed 5 percent of the aggregate square
meter equivalents of all apparel articles
imported into the United States in the
preceding 12-month period for which
data are available. For the purpose of
this notice, the 12-month period for
which data are available is the 12-month
period that ended July 31, 2009. In
Presidential Proclamation 7616
(published in the Federal Register on
November 5, 2002, 67 FR 67283), the
President directed CITA to publish in
the Federal Register the aggregate
quantity of imports allowed during each
period.
For the period beginning on October
1, 2009 and extending through
December 31, 2009, the aggregate
quantity of imports eligible for
preferential treatment under the
regional fabric provision is
1,163,423,598 square meters equivalent.
Apparel articles entered in excess of this
quantity will be subject to otherwise
applicable tariffs.
This quantity is calculated using the
aggregate square meter equivalents of all
apparel articles imported into the
United States, derived from the set of
Harmonized System lines listed in the
Annex to the World Trade Organization
Agreement on Textiles and Clothing
(ATC), and the conversion factors for
units of measure into square meter
equivalents used by the United States in
implementing the ATC.
Kimberly Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. E9–22675 Filed 9–18–09; 8:45 am]
BILLING CODE 3510–DS
E:\FR\FM\21SEN1.SGM
21SEN1
]]>Agencies
[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48055-48056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22669]
-----------------------------------------------------------------------
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:
127.2009.08.07.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''), 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);
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 the 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
[[Page 48056]]
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 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 1)
HTSUS: 6001.21
Fiber Content: 77-83% cotton/17-23% polyester
Yarn Size:
1.Face Yarn: 100% combed cotton ring spun, 49/1 to 54/1 metric (29/1 to
32/1 English) in each of the following configurations:
a. 100% bleached or dyed cotton
b. 95% undyed cotton/5% dyed cotton
c. 90% undyed cotton/10% dyed cotton
d. 80% undyed cotton/20% dyed cotton
e. 70% undyed cotton/30% dyed cotton
f. 60% undyed cotton/40 dyed cotton
g. 50% undyed cotton/50% dyed cotton
h. 40% undyed cotton/60% dyed cotton
i. 30% undyed cotton/70% dyed cotton
j. 25% undyed cotton/75% dyed cotton
k. 20% undyed cotton/80% dyed cotton
The percentages above may vary by up to 2 percentage points.
2. Tie Yarn: 176 to 184/48 filament metric filament polyester (49 to 51/
48 filament denier)
3. Fleece Yarn: 67-73% carded cotton, 26/1 to 30/1 metric ring spun/27-
33% 3600-4500 metric polyester staple (15.5/1 to 18/1 ring spun/2.0 to
2.5 denier polyester staple)
Machine Gauge: 21
Weight: 232-271 grams per square meter (6.85 to 8.0 ounces per square
yard)
Width: Not less than 152 centimeters cuttable (60 inches)
Finish: Napped on technical back; bleached and/or dyed; and of yarns of
different colors
Performance Criteria: Not more than 5% vertical and horizontal
shrinkage; not more than 4% vertical torque
Kimberly Glas,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E9-22669 Filed 9-18-09; 8:45 am]
BILLING CODE 3510-DS
