[Federal Register: August 18, 2008 (Volume 73, Number 160)]
[Notices]               
[Page 48199-48200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au08-33]                         


[[Page 48199]]

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

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

August 12, 2008.
AGENCY: The Committee for the Implementation of Textile Agreements.

ACTION: Determinations to add products in unrestricted quantities to 
Annex 3.25 of the CAFTA-DR Agreement

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EFFECTIVE DATE: August 18, 2008.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has made eight determinations that eight woven fabrics, as 
specified below, are not available in commercial quantities in a timely 
manner in the CAFTA-DR countries. The fabrics 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: http://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference numbers: 
70.2008.06.18.Fabric.GovofDominican Republic; 
71.2008.06.18.Fabric.GovofDominican Republic; 
72.2008.06.18.Fabric.GovofDominican Republic; 
73.2008.06.18.Fabric.GovofDominican Republic; 
74.2008.06.18.Fabric.GovofDominican Republic; 
75.2008.06.18.Fabric.GovofDominican Republic; 
76.2008.06.18.Fabric.GovofDominican Republic; 
77.2008.06.18.Fabric.GovofDominican Republic; 
78.2008.06.18.Fabric.GovofDominican Republic; 
79.2008.06.18.Fabric.GovofDominican Republic; 
80.2008.06.18.Fabric.GovofDominican Republic; 
81.2008.06.18.Fabric.GovofDominican Republic.

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 
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 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 the CAFTA-DR Act for modifying the 
Annex 3.25 list. On March 21, 2007, CITA published Final Procedures 
(``procedures'') it would follow in considering Requests to modify the 
Annex 3.25 list (72 FR 13256).
    On June 18, 2008, The Chairman of CITA received eight commercial 
availability Requests from the Government of the Dominican Republic 
(``GDR'') for various woven fabrics, of the specifications detailed 
below. On June 19, 2008, in accordance with CITA's procedures, CITA 
notified interested parties of, and posted on its website, the accepted 
Requests and asked that interested entities provide, by July 2, 2008, a 
Response with an Offer to Supply (``Responses'') advising of its 
objection to the Request and its ability to supply the subject product. 
CITA also explained that Rebuttals to Responses were due to CITA by 
July 9, 2008.
    On July 2, 2008, a CAFTA-DR supplier, Monte Textil S.A. 
(``Monte''), submitted Responses to each of the eight Requests, 
advising CITA of its objections to the Requests and explaining its 
ability to supply each of the eight fabrics as specified in commercial 
quantities in a timely manner. In its Responses to the GDR's Requests, 
Monte stated its ability to supply the subject fabrics, and provided 
some detailed information regarding its production capability.
    In its Rebuttals to Monte's Responses, the GDR argued that Monte 
had failed to demonstrate that it has the capability to make the 
fabrics in question and that in its Responses the company provided only 
a ``broad recitation of its general production capabilities.''
    In accordance with section 203(o)(4) of the CAFTA-DR Act, Article 
3.25 of the CAFTA-DR Agreement, and section 8(c)(4) of CITA's 
procedures, because there was insufficient information to make a 
determination within 30 days, CITA extended the period of making a 
determination by 14 U.S. business days.
    On July 21, 2008, in accordance with section 8(c)(4)(i) of CITA's 
final procedures, CITA held a public meeting with representatives from 
the GDR, Grupo M, a Dominican apparel producer, and Monte, to allow the 
interested entities to provide additional evidence to support their 
claims and information previously submitted to CITA.
    Section 203(o)(4)(C)(ii) of the CAFTA-DR Act provides that after 
receiving a Request, a determination will be made 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 clearly indicates that the GDR, and specifically a 
Dominican manufacturer, Grupo M, made significant efforts to source the 
fabrics in the CAFTA-DR countries, including from Monte, and that Monte 
has not demonstrated that it can supply the specified fabrics in a 
timely manner. Therefore, in accordance with section 203(o) of the 
CAFTA-DR Act, and CITA's procedures, as CITA has determined that the 
subject products are not available in commercial quantities in a timely 
manner, CITA has determined to add the specified fabrics to the list in 
Annex 3.25 of the CAFTA-DR Agreement.
    The subject fabrics are added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
published on-line.
    CITA notes that, in accordance with section 203(o)(4) of the CAFTA-
DR Act, Article 3.25 of the CAFTA-DR Agreement, and section 9 of CITA's 
procedures, an interested entity may request CITA to remove or restrict 
the quantity of a product listed in Annex 3.25 six months after the 
product has been added. If CITA determines that the product is 
available in commercial quantities in a timely manner in the CAFTA-DR 
countries, CITA will publish in the Federal Register a notice of its 
determination of removal or restriction. Accordingly, the product will 
be removed from the Annex 3.25 list, or its quantity restricted, six 
months after the publication date of CITA's determination.


[[Page 48200]]






Specifications:

70.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Sateen Fabrics
HTS: 5209.39.0020
Fiber Content: 98% cotton/2% spandex
Average Yarn Number:
  Metric: 74/1 - 78/1; 26/1 - 28/1
  English: 44/1 - 46/1; 14.5/1 - 15.5/1
Thread Count:
  Metric: 80-84 warp ends/30-31 filling picks per cm
  English: 204-214 warp ends/76-80 filling picks per inch
Weave: Sateen
Weight:
  Metric: 248-261 gm/sq. m.
  English: 7.3 - 7.8 oz./sq. yd.
Width:
  Metric: 134-41 cm
  English: 53-55 inches
Finish: Piece dyed
71.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Dyed Sateen Fabrics
HTS: 5209.39.0020
Fiber Content: 98% cotton/2% spandex
Average Yarn Number:
  Metric: 53/1 - 56/1; 53/1 - 56/1; 225 metric spandex
  English: 31/1 - 33/1; 31/1 - 33/1; 40 denier spandex
Thread Count:
  Metric: 73-77 warp ends/31-32 filling picks per cm
  English: 185-195 warp ends/78-82 filling picks per inch
Weave: Sateen
Weight:
  Metric: 225-236 gm/sq. m.
  English: 6.6 - 7.0 oz./sq. yd.
Width:
  Metric: 122-127 cm
  English: 48-50 inches
Finish: Piece dyed
72.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Dyed Twill Fabrics
HTS: 5209.32.00
Fiber Content: 97% cotton/3% spandex
Average Yarn Number:
  Metric: 66/1 - 69/1; 26/1 - 28/1; 116 metric spandex
  English: 39/1 - 41/1; 16/1; 70 denier spandex
Thread Count:
  Metric: 77-81 warp ends/25-26 filling picks per cm
  English: 195-205 warp ends/62-66 filling picks per inch
Weave: Three or four thread twill
Weight:
  Metric: 231-243 gm/sq. m.
  English: 6.8 - 7.2 oz./sq. yd.
Width:
  Metric: 129-135 cm
  English: 51-53 inches
Finish: Piece dyed
73.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Dobby Weave Fabrics
HTS: 5209.39.0090
Fiber Content: 98% cotton/2% spandex
Average Yarn Number:
  Metric: 53/1 - 56/1; 53/1 - 56/1; 225 metric spandex
  English: 31/1 - 33/1; 31/1 - 33/1; 40 denier spandex
Thread Count:
  Metric: 69-73 warp ends/ 30-31 filling picks per cm.
  English: 176-185 warp ends/76-80 filling picks per inch
Weave: Dobby weave
Weight:
  Metric: 225-236 gm/sq. m.
  English: 6.6 - 7.0 oz/sq. yd.
Width:
  Metric: 119-125 cm
   English: 48-50 inches
Finish: Piece dyed
74.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Plain Weave Fabrics
HTS: 5208.32.40, 5208.32.50
Fiber Content: 100% cotton
Average Yarn Number:
  Metric: 66/1 - 69/1; 66/1 - 69/1;
  English: 39/1 - 41/1; 39/1 - 41/1;
Thread Count:
  Metric: 51-54 warp ends/ 38-40 filling picks per cm.
  English: 130-136 warp ends/98-103 filling picks per inch
Weave: Plain weave
Weight:
  Metric: 151-159 gm/sq. m.
  English: 4.5 - 4.7 oz/sq. yd.
Width:
  Metric: 141-148 cm
  English: 56-58 inches
Finish: Piece dyed
75.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Herringbone Twill Fabrics
HTS: 5208.39.2090
Fiber Content: 100% cotton
Average Yarn Number:
  Metric: 53/1 - 56/1; 66/1 - 69/1;
  English: 31/1 - 33/1; 39/1 - 41/1;
Thread Count:
  Metric: 63-66 warp ends/ 35-36 filling picks per cm.
  English: 160-168 warp ends/88-92 filling picks per inch
Weave: Herringbone twill
Weight:
  Metric: 155-163 gm/sq. m.
  English: 4.6 - 4.8 oz/sq. yd.
Width:
  Metric: 139-146 cm
  English: 55-57 inches
Finish: Piece dyed
76.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Dobby Weave Fabrics
HTS: 5209.39.0080
Fiber Content: 100% cotton
Average Yarn Number:
  Metric: 53/1 - 56/1; 53/1 - 56/1;
  English: 31/1 - 33/1; 31/1 - 33/1;
Thread Count:
  Metric: 65-69 warp ends/ 53-56 filling picks per cm.
  English: 166-174 warp ends/135-141 filling picks per inch
Weave: Dobby Weave
Weight:
  Metric: 248 - 261 gm/sq. m.
  English: 7.3 - 7.7 oz/sq. yd.
Width:
  Metric: 141-148 cm
  English: 56-58 inches
Finish: Piece dyed
77.2008.06.18.Fabric.Govof DominicanRepublic:
Certain Herringbone Twill Fabrics
HTS: 5209.49.0090
Fiber Content: 100% cotton
Average Yarn Number:
  Metric: 53/2 - 56/2; 33/1 - 35/1;
  English: 31/2 - 33/2; 20/1 - 21/1;
Thread Count:
  Metric: 31-32 warp ends/ 24-25 filling picks per cm.
  English: 78-82 warp ends/60-64 filling picks per inch
Weave: Herringbone twill
Weight:
  Metric: 271-285 gm/sq. m.
  English: 8.0 - 8.4 oz/sq. yd.
Width:
  Metric: 142-145 cm
  English: 56-57 inches
Finish: Yarn dyed



R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E8-19094 Filed 8-15-08; 8:45 am]

BILLING CODE 3510-DS-S