[Federal Register: June 23, 2009 (Volume 74, Number 119)]
[Notices]               
[Page 29664-29665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn09-24]                         

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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.

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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: http://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]

	

	
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