Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR Agreement”), 78249 [2011-32274]

Agencies

• Committee for the Implementation of Textile Agreements

[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Page 78249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32274]


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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.

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DATES: Effective Date: December 16, 2011.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain cotton/nylon/spandex raschel 
knit, open work crepe, piece dyed 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: 
158.2011.11.10.Fabric.SS&AforHansollTextile,Ltd.

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, 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. 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 (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) 
(``CITA's procedures'').
    On November 10, 2011, the Chairman of CITA received a request for a 
Commercial Availability determination (``Request'') from Sorini Samet & 
Associates, on behalf of Hansoll Textile, Ltd. for certain cotton/
nylon/spandex raschel knit, open crepe, piece dyed fabric, as specified 
below. On November 15, 2011, in accordance with CITA's procedures, CITA 
notified interested parties of the Request, which was posted on the 
dedicated Web site for CAFTA-DR Commercial Availability proceedings. In 
its notification, CITA advised that any Response with an Offer to 
Supply (``Response'') must be submitted by November 28, 2011, and any 
Rebuttal Comments to a Response (``Rebuttal'') must be submitted by 
December 2, 2011, in accordance with sections 6 and 7 of CITA's 
procedures. 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 Web site for CAFTA-DR Commercial Availability 
proceedings.

Specifications

Certain Cotton/Nylon/Spandex Raschel Knit Open Work Crepe Fabric, Piece 
Dyed

HTS: 6005.22.00

    Fabric Type: Raschel knit, open work crepe fabric with a 
blistered surface with interstices covering 15% of the surface area, 
piece dyed.
    Fiber Content: Cotton: 61-65%; Nylon: 32-34%; Spandex: 3-5%
    Yarn Size:
    Cotton:
    Metric: 28/2 to 32/2
    English: 16.5/2 to 19/2
    Nylon:
    Metric: 150-160 denier/10 filament
    English: 56-60 denier/10 filament
    Nylon (wrapping yarn for spandex core):
    Metric: 113-150 denier/36 filament
    English: 60-80 denier/36 filament
    Spandex (wrapped in nylon):
    Metric: 40-45 denier
    English: 200-225 denier
    Weight:
    Metric: 160-180 grams per sq. meter
    English: 4.7-5.3 ounces per sq. yard
    Width:
    Metric: 137.2-147.4 centimeters, cuttable
    English: 54-58 inches, cuttable
    Machine gauge: 18
    Bar: 18
    Coloration: Piece dye
    Performance Criteria:
    1. Dimensional Stability: -7%/+2%, AATCC 135/150
    2. Fabric Skewing: 4%, AATCC 179
    3. Fabric Weight: -8%/+8%

Kim Glas,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2011-32274 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-DS-P