28198 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 

Dated: May 7, 2013. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2013–11314 Filed 5–13–13; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

[Docket #: 130425410–3410–01; OMB 

Control #: 0625–0273 (Expiration: 04/30/ 

2016)] 

RIN 0625–XC005 

Interim Procedures for Considering 

Requests Under the Commercial 

Availability Provision of the United 

States-Panama Trade Promotion 

Agreement 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Notice of Interim Procedures 

and Request for Comments. 

SUMMARY: This notice sets forth the 

interim procedures the Committee for 

the Implementation of Textile 

Agreements (‘‘CITA’’) will follow in 

implementing certain provisions of the 

United States-Panama Trade Promotion 

Agreement (‘‘US-Panama TPA’’). 

Section 203(o)(4) of the United StatesPanama Trade Promotion Agreement 

Implementation Act (‘‘Implementation 

Act’’) [Public Law 112–43] authorizes 

the President to establish procedures to 

modify the list of fabrics, yarns, or fibers 

not available in commercial quantities 

in a timely manner in either the United 

States or Panama as set out in Annex 

3.25 of the US-Panama TPA. The 

President has delegated to CITA the 

authority to determine whether fabrics, 

yarns, or fibers are not available in 

commercial quantities in a timely 

manner in either the United States or 

Panama and has directed CITA to 

establish procedures that govern the 

submission of a request and provide the 

opportunity for interested entities to 

submit comments and supporting 

evidence for any such determination 

pursuant to the Implementation Act. 

CITA hereby gives notice to interested 

entities of the procedures CITA will 

follow in considering such requests and 

solicits public written comments on 

these interim procedures. CITA will be 

using the procedures detailed in this 

notice as of May 14, 2013. 

DATE: Comments on the interim 

procedures must be received no later 

than June 13, 2013 of this notice, either 

in hard copy or electronically. 

ADDRESSES: If submitting comments in 

hard copy, an original, signed hard copy 

must be submitted to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230. If submitting 

comments electronically, the electronic 

copy must be submitted to 

OTEXA_PANAMA@trade.gov. All 

submitted comments will be posted for 

public review on the Web site dedicated 

to US-Panama TPA commercial 

availability proceedings. The Web site is 

located on the U.S. Department of 

Commerce’s Office of Textile and 

Apparel Web site (http:// 

otexa.ita.doc.gov), under ‘‘Commercial 

Availability’’/‘‘Panama TPA.’’ 

Additional instructions regarding the 

submission of comments may be found 

at the end of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

SUPPLEMENTARY INFORMATION: 

Legal Authority: Section 203(o) of the 

Implementation Act and Proclamation No. 

8894, 77 FR 66507 (November 5, 2012). 

Background 

The US-Panama TPA provides a list 

in Annex 3.25 for fabrics, yarns, and 

fibers that the United States has 

determined are not available in 

commercial quantities in a timely 

manner from producers in the United 

States or Panama. A textile or apparel 

good must satisfy the specific rules of 

origin in Annex 4.1 of the US-Panama 

TPA as well as other requirements of the 

Agreement. However, a textile and 

apparel good containing fabrics, yarns, 

or fibers that are included on the list in 

Annex 3.25 of the US-Panama TPA will 

be treated as if it is an originating good 

for purposes of the US-Panama TPA, 

regardless of the actual origin of those 

inputs in accordance with the specific 

rules of origin in Annex 4.1, Notes to 

Section XI. The Implementation Act 

provides that the President will 

establish procedures governing the 

submission of requests under Section 

203(o)(4) (‘‘the commercial availability 

provision’’), and as set forth in the USPanama TPA, and may determine 

whether additional fabrics, yarns, or 

fibers are available or are not available 

in commercial quantities in a timely 

manner in the United States or Panama. 

In addition, Section 203(o)(4) of the 

Implementation Act establishes that the 

President may restrict the quantity of, or 

remove a fabric, yarn, or fiber from the 

list, if it has been added to the list in 

an unrestricted quantity or has had a 

restriction eliminated, if he determines 

that the fabric, yarn, or fiber has become 

available in commercial quantities in a 

timely manner. 

In Proclamation No. 8894 (77 FR 

66507, November 5, 2012), the President 

delegated to CITA his authority under 

the commercial availability provision to 

establish procedures for modifying the 

list of fabrics, yarns, or fibers not 

available in commercial quantities in a 

timely manner, as set out in Annex 3.25 

of the US-Panama TPA. 

Pursuant to that delegation, CITA 

provides below its interim procedures 

governing the submission of requests 

under Section 203(o)(4) set forth in the 

Implementation Act. As of May 14, 

2013, CITA intends to use these 

procedures to process requests for 

modifying the list of fabrics, yarns, or 

fibers not available in commercial 

quantities. CITA intends to publish its 

final procedures after considering any 

public comments received pursuant to 

its request for comments. 

Interim Procedures 

1. Introduction 

The intent of these procedures is to 

foster trade in U.S. and Panamanian 

textile and apparel articles by allowing 

non-originating fibers, yarns, or fabrics 

to be placed on or removed from a list 

of items not available in commercial 

quantities in a timely manner, and in a 

manner that is consistent with normal 

business practice. To this end, these 

procedures are intended to facilitate the 

transmission, on a timely basis, of 

requests for commercial availability 

determinations and offers to supply the 

products that are the subject of the 

requests; have the market indicate the 

availability of the supply of products 

that are the subject of requests; make 

available promptly, to interested entities 

and parties, information regarding the 

requests for products and offers to 

supply received; ensure wide 

participation by interested entities and 

parties; provide careful scrutiny of 

information provided to substantiate 

order requests and response to supply 

offers; and provide timely public 

dissemination of information used by 

CITA in making commercial availability 

determinations. 

2. Definitions 

(a) Commercial Availability Request. 

A Commercial Availability Request 

(‘‘Request’’) is a request for a 

commercial availability determination 

submitted by an interested entity 

requesting that CITA place a good on 

the Commercial Availability List in 

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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 28199 

Annex 3.25 of the US-Panama TPA in a 

restricted or unrestricted quantity 

because that fiber, yarn, or fabric is not 

available in commercial quantities in a 

timely manner from a US-Panama TPA 

supplier. 

(b) Commercial Availability List. The 

Commercial Availability List is the list 

of products (fibers, yarns, and/or 

fabrics) in Annex 3.25 of the US-Panama 

TPA that have been determined to be 

not commercially available from USPanama TPA suppliers in commercial 

quantities in a timely manner. 

(c) Fiber, Yarn, or Fabric. The terms 

‘‘fiber, yarn, or fabric’’ mean a single 

product or a range of products, which 

meet the same specifications provided 

in a submission, and which may be only 

part of a Harmonized Tariff Schedule of 

the United States (‘‘HTSUS’’) 

classification. 

(d) Interested Entity. An ‘‘interested 

entity’’ means the government of 

Panama, a potential or actual purchaser 

of a textile or apparel good, or a 

potential or actual supplier of a textile 

or apparel good. CITA recognizes that a 

legal or other representative may act on 

behalf of an interested entity. See 

Section 203(o)(4)(B)(i) of the 

Implementation Act. 

(e) Interested Party. An ‘‘interested 

party’’ means any interested person that 

requests to be included on the email 

notification list for commercial 

availability proceedings. Any interested 

person may become an interested party 

by contacting CITA either by sending an 

email to OTEXA_PANAMA@trade.gov, 

or through the Web site dedicated to 

commercial availability proceedings 

under the US-Panama TPA (‘‘Web site’’). 

The Web site is located on the U.S. 

Department of Commerce’s Office of 

Textile and Apparel Web site (http:// 

otexa.ita.doc.gov), under ‘‘Commercial 

Availability’’/‘‘Panama TPA.’’ 

(f) Official Receipt. The ‘‘official 

receipt’’ is CITA’s email confirmation 

that it has received both the electronic 

version and the original submission 

signed by the interested entity delivered 

via express courier. 

(g) Rebuttal Comment. A ‘‘Rebuttal 

Comment’’ (‘‘Rebuttal’’) is a submission 

from an interested entity providing 

information in response to evidence or 

arguments raised in a Response. A 

Rebuttal must be limited to evidence 

and arguments provided in a Response. 

(h) Request to Remove or Restrict. A 

‘‘Request to Remove or Restrict’’ is a 

submission from an interested entity 

requesting that CITA either remove a 

product or that a quantity restriction be 

introduced, made no sooner than six 

months after a product has been added 

to the Commercial Availability List in 

Annex 3.25 of the US-Panama TPA in 

an unrestricted quantity pursuant to 

Section 203(o)(4) of the Implementation 

Act. 

(i) Requestor. The ‘‘Requestor’’ refers 

to the interested entity that files a 

Commercial Availability Request or a 

Request to Remove or Restrict, under 

the commercial availability provision of 

the US-Panama TPA, for CITA’s 

consideration. 

(j) Response with an Offer to Supply. 

A ‘‘Response with an Offer to Supply’’ 

(‘‘Response’’) is a submission from an 

interested entity to CITA objecting to 

the Commercial Availability Request 

and asserting its ability to supply the 

subject product by providing an offer to 

supply the subject product described in 

the Request. 

(k) U.S. Business Day. A ‘‘U.S. 

business day’’ is any calendar day other 

than a Saturday, Sunday, or a legal 

holiday observed by the Government of 

the United States. See section 

203(o)(4)(B)(ii) of the Implementation 

Act. 

(l) US-Panama TPA Supplier. A ‘‘USPanama TPA Supplier’’ is a potential or 

actual supplier of a textile or apparel 

good of a producer. 

3. Submissions for Participation in a 

US-Panama TPA Commercial 

Availability Proceeding 

(a) Filing a Submission. All 

submissions in a US-Panama TPA 

commercial availability proceeding (e.g., 

Request, Response, Rebuttal, and 

Request to Remove or Restrict) must be 

in English. If any attachments are in a 

language other than English, then a 

complete translation must be provided. 

Each submission must be submitted to 

the Chairman of CITA, in care of the 

U.S. Department of Commerce’s Office 

of Textiles and Apparel (‘‘OTEXA’’) in 

two forms: email and an original signed 

submission. 

(1) An electronic version of the 

submission must be either in PDF, 

Word, or Word-Perfect format, must 

contain an adequate public summary of 

any business confidential information 

and the due diligence certification, and 

be sent to OTEXA_PANAMA@trade.gov. 

The electronic version of the submission 

will be posted for public review on the 

US-Panama TPA commercial 

availability Web site. No business 

confidential information should be 

submitted in the electronic version of 

any document. 

(2) The original signed submission 

must be received via express courier 

to—Chairman, Committee for the 

Implementation of Textile Agreements, 

Room 30003, U.S. Department of 

Commerce, 14th and Constitution Ave. 

NW., Washington, DC 20230. Any 

business confidential information upon 

which an interested entity wishes to 

rely must be included in the original 

signed submission only. Except for the 

inclusion of business confidential 

information and corresponding public 

summary, the two versions of a 

submission should be identical. 

(3) Brackets must be placed around all 

business confidential information 

contained in submissions. Documents 

containing business confidential 

information must have a bolded heading 

stating ‘‘Confidential Version.’’ 

Attachments considered business 

confidential information must have a 

heading stating ‘‘Business Confidential 

Information.’’ Documents, including 

those submitted electronically, provided 

for public release, must have a bolded 

heading stating ‘‘Public Version’’ and all 

the business confidential information 

must be deleted and substituted with an 

adequate public summary. 

(4) Generally, details such as 

quantities and lead times for providing 

the subject product can be treated as 

business confidential information. 

However, the names of US-Panama TPA 

suppliers who were contacted, what was 

asked generally about the capability to 

manufacture the subject product, and 

the responses thereto should be 

included in public versions, which will 

be made available to the public. 

(b) Due Diligence Certification. An 

interested entity must file a certification 

of due diligence as described in 

subsection (b)(1) with each submission, 

both electronic and original signed 

versions, containing factual information. 

If the interested entity has legal counsel 

or other representation, the legal 

counsel or other representative must 

also file a certification of due diligence 

as described in subsection (b)(2) with 

each submission, both electronic and 

original signed versions, containing 

factual information. Accurate 

representations of material facts 

submitted to CITA for the US-Panama 

TPA commercial availability proceeding 

are vital to the integrity of this process 

and are necessary for CITA’s effective 

administration of the statutory scheme. 

Each submission containing factual 

information for CITA’s consideration 

must be accompanied by the 

appropriate certification regarding the 

accuracy of the factual information. Any 

submission that lacks the applicable 

certifications will be considered an 

incomplete submission that CITA will 

reject and return to the submitter. CITA 

may verify any factual information 

submitted by interested entities in a USPanama TPA commercial availability 

proceeding. 

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(1) For the person responsible for 

presentation of the factual information: 

I, (name and title), currently employed 

by (interested entity), certify that (1) I 

have read the attached submission, and 

(2) the information contained in this 

submission is, to the best of my 

knowledge, complete and accurate. 

(2) For the person’s legal counsel or 

other representative: I, (name), of (law 

or other firm), counsel or representative 

to (interested entity), certify that (1) I 

have read the attached submission, and 

(2) based on the information made 

available to me by (person), I have no 

reason to believe that this submission 

contains any material misrepresentation 

or omission of fact. 

(c) Official Receipt. A submission will 

be considered officially submitted to 

CITA only when both the electronic 

version and the original signed 

submission have been received by CITA. 

For Requests, CITA will confirm to the 

requestor that both versions of the 

Request were received through an email 

confirmation. CITA’s email 

confirmation shall be considered the 

‘‘official receipt’’ of the Request, and 

also begins the statutory 30 U.S. 

business-day process for CITA 

consideration of Requests. CITA will 

confirm official receipt of any Response 

and Rebuttal by posting the submissions 

on the US-Panama TPA commercial 

availability Web site. 

4. Submitting a Request for 

Consideration in a Commercial 

Availability Proceeding 

(a) Commercial Availability Request. 

An interested entity may submit a 

Request to CITA alleging that a fiber, 

yarn, or fabric is not available in 

commercial quantities in a timely 

manner from a US-Panama TPA 

supplier. 

(b) Contents of a Commercial 

Availability Request. 

(1) Detailed Product Information. The 

Request must provide a detailed 

description of the subject product, 

including, if applicable, fiber content, 

construction, yarn size, and finishing 

processes; and the classification of the 

product under the HTSUS. All 

measurements in the entire submission 

must be stated in metric units. If the 

English count system is used in any 

part, then a conversion to metric units 

must be provided. The description must 

include reasonable product 

specifications, including, if applicable, 

fiber content, construction, yarn size, 

and finishing processes, as well as 

timelines and quantities. Reasonable 

product specifications include the use 

of accepted terminology and standards, 

such as those used by the American 

Society for Testing and Materials 

(‘‘ASTM’’) or the American Association 

of Textile Chemists and Colorists 

(‘‘AATCC’’). 

If any aspect of the Request is outside 

the normal course of business (e.g., tight 

deadline, higher standards of 

performance, requirements to match 

existing specifications), requestors must 

provide US-Panama TPA suppliers with 

detailed explanations and measurable 

criteria for the specification or term at 

issue. In the course of its review of the 

Request, CITA will consider record 

evidence to determine whether such 

specifications and terms are reasonable. 

The requestor must clearly describe 

the unique characteristics of the subject 

product that distinguishes it from other 

similar or potentially substitutable 

products. In addition, the requestor 

must also explain why such 

characteristics are required for the 

purposes of the end-use of the product 

and cannot be substituted by another 

product. However, all characteristics 

and specifications must be supported by 

measurable criteria. 

(2) Quantity. The Request must 

provide the specific quantity of the 

product needed by the requestor, in 

standard units of quantity for 

production of the subject product in the 

United States or Panama. 

(3) Due Diligence. The Request must 

provide a complete description of the 

due diligence undertaken by the 

requestor to determine the subject 

product’s availability in the United 

States or Panama. Due diligence for the 

requestor means it has made reasonable 

efforts to obtain the subject product 

from US-Panama TPA suppliers. 

(i) Generally: The requestor must 

provide the names and addresses of 

suppliers contacted, who (by name and 

position) was specifically contacted, the 

exact request that was made, the dates 

of those contacts, whether a sample of 

the subject product was provided for 

review, and the exact response given for 

the supplier’s inability to supply the 

subject product under the same 

conditions as contained in the Request 

submitted to CITA, in addition to any 

other information the requestor believes 

is relevant. The requestor must submit 

copies or notes of relevant 

correspondence, both inquiries and 

responses, with these suppliers. 

Relevant correspondence includes notes 

of telephone conversations. 

(ii) Identification of US-Panama TPA 

suppliers: Requestors must make 

reasonable efforts to identify USPanama TPA suppliers in the United 

States or Panama. Requestors should 

identify US-Panama TPA suppliers 

through a number of means, including 

the requestor’s knowledge of the 

industry, industry directories, and 

industry association memberships. 

However, an email from a requestor 

with a general inquiry to all 

manufacturers in the United States or 

Panama may not constitute due 

diligence. Rather, reasonable efforts 

must be taken to identify US-Panama 

TPA suppliers who are generally known 

to produce the class or type of product 

at issue. Requestors must provide an 

explanation in their Request as to why 

their efforts to identify US-Panama TPA 

suppliers were reasonable given the 

product at issue. 

(iii) Use of Third Parties and 

Business-to-Business Contact: Due 

diligence includes substantive and 

direct contact, indicating a legitimate 

intent to do business, between 

requestors and US-Panama TPA 

suppliers. Third party communications 

are no substitute for meaningful 

dialogue between appropriate officials. 

Once interest is expressed between 

requestors and US-Panama TPA 

suppliers, subsequent communications 

should be conducted by appropriate 

officials of the requestor and USPanama TPA supplier based on normal 

business practice. A lack of appropriate 

business-to-business contact may be 

deemed as insufficient due diligence. 

(iv) Description of the Subject 

Product: In undertaking due diligence, 

requestors must provide a detailed 

description of the product to USPanama TPA suppliers. The description 

must include reasonable product 

specifications, including, if applicable, 

fiber content, construction, yarn size, 

and may include a finishing process or 

operation, as well as timelines and 

quantities. Reasonable product 

specifications include the use of 

accepted terminology and standards, 

such as those used by ASTM or AATCC. 

If any aspect of the Request is outside 

the normal course of business (e.g., tight 

deadline, higher standards of 

performance, requirements to match 

existing specifications), requestors must 

provide US-Panama TPA suppliers with 

detailed explanations and measurable 

criteria for the specification or term at 

issue that would render such aspects as 

reasonable for the product in question. 

CITA will consider record evidence to 

determine whether such specifications 

and terms are reasonable. 

(v) Provision of Samples: In 

undertaking its due diligence, a 

requestor must clearly communicate to 

US-Panama TPA suppliers its standard 

business practice with respect to the 

provision of samples. While requestors 

may request a sample, a US-Panama 

TPA supplier is not required to provide 

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a sample under CITA’s procedures. 

However, CITA notes that US-Panama 

TPA suppliers must meet certain 

requirements with respect to the 

provision of samples and/or information 

demonstrating their ability to supply the 

subject product in commercial 

quantities in a timely manner. See 

Section 6(b)(3) and Section 6(b)(4). 

(vi) Substitutability of Products: In 

undertaking its due diligence, a 

requestor must clearly communicate 

information regarding the 

substitutability of the product in 

question to US-Panama TPA suppliers. 

In its inquiries to US-Panama TPA 

suppliers, the requestor must clearly 

describe the unique characteristics of 

the subject product that distinguishes it 

from other similar or potentially 

substitutable products. In addition, the 

requestor must provide US-Panama TPA 

suppliers with information why such 

characteristics are required for the 

purposes of the end-use of the product 

and cannot be substituted by another 

product. However, all characteristics 

and specifications must be supported by 

measurable criteria. If, in the course of 

due diligence, a US-Panama TPA 

supplier proposes a substitutable 

product, the requestor must provide 

reasonable justifications to the USPanama TPA supplier for rejecting 

potentially substitutable products. 

(vii) Treatment of Business 

Confidential Information: Specific 

details of correspondence with 

suppliers, such as quantities and lead 

times for providing the subject product, 

can be treated as business confidential 

information. However, the names of USPanama TPA suppliers who were 

contacted, what was asked generally 

about the capability to manufacture the 

subject product, and the responses 

thereto should be available for public 

review to ensure proper public 

participation in the process. ‘‘Lead 

times’’ refers to supplying the subject 

product within normal business time 

frames for the subject product once an 

order is received. Specific delivery dates 

are not necessary. Required delivery 

dates that fall within the time needed to 

complete the commercial availability 

determination process are not 

acceptable. 

(4) Substitutable Products. The 

Request must provide information on 

whether the requestor believes that 

other products supplied by the USPanama TPA supplier are not 

substitutable in commercial quantities 

in a timely manner for the product(s) 

that is (are) the subject of the Request 

for purposes of the intended use. Clearly 

describe the unique characteristics of 

the subject product that distinguishes it 

from other similar or potentially 

substitutable products. Describe why 

such characteristics are required for the 

purposes of the end-use of the product 

and cannot be substituted by another 

product available from a US-Panama 

TPA supplier. 

(5) Additional Information. The 

Request may provide any additional 

evidence or information believed to be 

relevant for CITA to determine whether 

a fiber, yarn, or fabric is not available in 

commercial quantities in a timely 

manner from a supplier in the United 

States or Panama. 

5. Consideration and Acceptance of a 

Request 

In considering whether to accept a 

Request, CITA will consider and 

determine whether the Request provides 

all the required information specified in 

Sections 3 and 4 of these Procedures. 

CITA will determine whether to accept 

the Request for consideration and 

investigation not later than two U.S. 

business days after the official receipt of 

a Request. 

(a) Request Rejected. If CITA 

determines that the Request does not 

contain the required information, the 

requestor will be notified promptly by 

email that the Request has not been 

accepted and the reasons for the 

rejection. A Request may be resubmitted 

with additional information for the 

subject product and CITA will 

reevaluate it as a new Request. 

(1) Requests for Downstream Products 

with Inputs Not Commercially 

Available. If, in its initial review of a 

Request, CITA determines that a subject 

product would be commercially 

available but for the commercial 

unavailability of a certain input of the 

subject product, CITA will reject the 

Request. The requestor may submit a 

Request for the input in question rather 

than the downstream product. 

(2) Requests for Products with 

Prohibited Inputs, Specifications, and/ 

or Processes. If, in its initial review of 

a Request, CITA determines that the 

subject product requires inputs, 

specifications, and/or processes that are 

prohibited under the laws and 

regulations of the United States, CITA 

will reject the Request if there is a 

substitute product that does not require 

such prohibited inputs, specifications, 

or processes. 

(b) Request Accepted. If CITA 

determines that the Request contains the 

required information, CITA will notify 

interested parties by email that a 

Request has been accepted and filed and 

will assign a File Number. CITA will 

post the accepted Request on its Web 

site for public notice. The email 

notification and the Web site posting 

will indicate the calendar date 

deadlines for submitting Responses and 

Rebuttals. 

6. Submitting a Response With an Offer 

To Supply 

Responses must meet the 

requirements outlined in Section 3 of 

these Procedures. General comments in 

support of or opposition to a Request do 

not meet the requirements of a 

Response. A Due Diligence Certification 

must accompany a Response. 

(a) Response With an Offer to Supply 

Submission. An interested entity (a USPanama TPA supplier) may file a 

Response to a Request CITA accepted 

advising CITA of its objection to the 

Request and its ability to supply the 

subject product by providing an offer to 

supply the subject product as described 

in the Request. An interested entity will 

have 10 U.S. business days after official 

receipt of a Request to respond to a 

Request. If good cause is shown, CITA 

may extend this deadline. 

(b) Contents of a Response with an 

Offer to Supply. 

(1) File Number. The Response must 

reference the CITA File Number 

assigned to the particular Request being 

addressed. 

(2) Quantity. The Response must 

supply the quantity of the subject 

product that the respondent is capable 

of currently supplying, in standard units 

of quantity. All measurements must be 

in metric units. If the English count 

system is used in any part, then a 

conversion to metric units must be 

provided. 

(3) Production Capability/ 

Demonstration of Ability to Supply. A 

Response must contain information 

supporting the claim to supply the 

subject product, or one substitutable, in 

commercial quantities in a timely 

manner. 

(i) The Response must report the 

quantity, in metric units, that the USPanama TPA supplier produced of the 

subject product, or a substitutable 

product, in the preceding 24-month 

period. 

(ii) For products that have 

experienced cyclical demand or are not 

currently produced, the US-Panama 

TPA supplier must indicate the quantity 

that has been supplied or offered 

commercially in the past, with an 

explanation of the reasons it is not 

currently produced or offered. 

(iii) If the subject product involves a 

new style, weight, or other variation that 

is new to the market or new to the USPanama TPA supplier, then the supplier 

must provide detailed information on its 

current ability to make the subject 

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product in commercial quantities in a 

timely manner. Such information could 

include current production capacity, 

current loom availability, and standard 

timetables to produce. 

(iv) A US-Panama TPA supplier may 

support its claim to be able to produce 

the subject product through provision of 

a sample meeting exactly the 

specifications as presented in the 

Request. However, the provision of a 

sample is not required. Regardless of 

whether a sample is provided, a 

respondent must demonstrate its ability 

to produce the subject product by 

providing sufficient relevant 

information regarding their production 

capability. Such information could 

include past production of similar 

products and/or descriptions of 

equipment and identification of 

suppliers necessary to produce the 

subject product. If some operations, 

such as finishing, will be completed by 

other entities, the name of the facility 

and contact information must be 

provided. 

(v) The Response may provide, if 

relevant, the basis for the US-Panama 

TPA supplier’s rationale that other 

products that are supplied by the USPanama TPA supplier in commercial 

quantities in a timely manner are 

substitutable for the subject product(s) 

for purposes of the intended use, 

supported by measurable criteria. 

(vi) In its review of a Response, CITA 

will consider whether the US-Panama 

TPA supplier was responsive to the 

efforts employed by the requestor to 

obtain the subject product in the course 

of due diligence. In the event that a USPanama TPA supplier was not 

responsive, a US-Panama TPA supplier 

must provide a reasonable explanation 

in its Response as to why it did not 

respond to earlier inquiries by the 

requestor in the course of due diligence. 

CITA will reject a Response if it does 

not include such explanation. 

(4) Due Diligence. The Response must 

provide a complete description of the 

due diligence undertaken by the USPanama TPA supplier to substantiate 

the ability to supply the subject product. 

If a US-Panama TPA supplier has 

participated in the requestor’s 

undertaking of due diligence, the 

supplier must provide certain 

information in response to the 

requestor’s inquiries. 

(i) If a US-Panama TPA supplier has 

been responsive to a requestor in the 

undertaking of due diligence, the USPanama TPA supplier must have stated 

its ability to supply or not supply the 

subject product. If the product can be 

supplied, the response to the inquiry 

must contain information supporting 

the US-Panama TPA supplier’s claim to 

supply the subject product, or one 

substitutable, in commercial quantities 

in a timely manner. 

(ii) If a US-Panama TPA supplier 

offers to supply the subject product, the 

supplier may support its offer by 

reporting the quantity, in metric units, 

that it has produced of the subject 

product, or a substitutable product, in 

the preceding 24-month period. If the 

US-Panama TPA supplier does not 

provide such information, it must, 

subject to section 6(b)(4)(vii), explain 

why the information it has provided 

sufficiently supports its offer to supply. 

(iii) In response to a requestor’s 

inquiry, for products that have 

experienced cyclical demand or are not 

currently produced, the US-Panama 

TPA supplier must provide the 

requestor the quantity that has been 

supplied or offered commercially in the 

past, with an explanation of the reasons 

it is not currently produced or offered. 

(iv) If the subject product involves a 

new style, weight, or other variation that 

is new to the market or new to the USPanama TPA supplier, then the supplier 

must provide detailed information on its 

current ability to make the subject 

product in commercial quantities in a 

timely manner. Such information could 

include current production capacity, 

current loom availability, and standard 

timetables to produce the subject 

product. 

(v) A US-Panama TPA supplier may 

support its claim to be able to produce 

the subject product through provision of 

a sample meeting the specifications as 

presented in an inquiry. However, the 

provision of a sample is not required. 

Regardless of whether a sample is 

provided, the US-Panama TPA supplier 

must demonstrate its ability to produce 

the subject product by providing 

sufficient relevant information regarding 

their production capability. Such 

information could include past 

production of similar products and/or 

descriptions of equipment and 

identification of suppliers necessary to 

produce the subject product. If some 

operations, such as finishing, will be 

completed by other entities, the name of 

the facility and contact information 

must be provided. 

(vi) A response to a requestor’s 

inquiry must provide, as applicable, the 

basis for the US-Panama TPA supplier’s 

rationale that other products that are 

supplied by the US-Panama TPA 

supplier in commercial quantities in a 

timely manner are substitutable for the 

subject product for purposes of the 

intended use, supported by measurable 

criteria. 

(vii) Nothing in these procedures shall 

require any US-Panama TPA supplier to 

provide business confidential or other 

commercially sensitive information to a 

requestor. However, a US-Panama TPA 

supplier must provide the requestor a 

reasonable explanation why such 

information was not provided and why 

the information it has provided 

sufficiently supports its offer to supply. 

(5) Location of the US-Panama TPA 

supplier. The Response must provide 

the name, address, phone number, and 

email address of a contact person at the 

facility claimed to be able to supply the 

subject product. 

7. Submitting a Rebuttal Comment 

A Rebuttal must meet the 

requirements outlined in Section 3 of 

these procedures. General comments in 

support of or opposition to a Request or 

a Response do not meet the 

requirements of a Rebuttal. A Due 

Diligence Certification must accompany 

a Rebuttal. 

(a) Rebuttal Comment. Any interested 

entity may submit a Rebuttal to a 

Response. An interested entity must 

submit its Rebuttal not later than 4 U.S. 

business-days after the deadline for 

Response. If good cause is shown, CITA 

may extend the time limit. 

(b) Contents of a Rebuttal. The 

Rebuttal Comment may respond only to 

evidence or arguments raised in the 

Response and must identify the 

Response, evidence and/or arguments to 

which it is responding. The Rebuttal 

must reference the CITA File Number 

assigned to the particular Request being 

addressed. 

8. Determination Process 

(a) Not later than 30 U.S. business 

days after official receipt of a Request 

(or not later than 44 U.S. business days 

where an extension is provided), CITA 

will notify interested entities by email 

and will post a notice on its Web site 

whether the subject product is available 

in commercial quantities in a timely 

manner in the United States or Panama 

and whether an interested entity has 

objected to the Request. 

(b) CITA will notify the public of the 

determination by publication in the 

Federal Register when the 

determination results in a change to the 

Commercial Availability List in Annex 

3.25 of the US-Panama TPA. 

(c) Types of Determinations. 

(1) Denial. A denial means that CITA 

has determined that the subject product 

is available in commercial quantities in 

a timely manner in the United States or 

Panama. If a Request is denied, notice 

of the denial will be posted on the USmstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 28203 

Panama TPA Commercial Availability 

Web site. 

(i) Denial of Requests for Downstream 

Products with Inputs Not Commercially 

Available: If, during the course of its 

review of a Request, CITA determines 

that the subject product is commercially 

available but for the commercial 

unavailability of a certain input of the 

subject product, CITA will deny the 

Request. The requestor may submit a 

Request for the input in question rather 

than the downstream product. 

(ii) Denial of Requests for Products 

with Prohibited Inputs, Specifications, 

and/or Processes: If, during the course 

of its review of a Request, CITA 

determines that the subject product 

requires inputs, specifications, and/or 

processes that are prohibited under the 

laws and regulations of the United 

States, CITA will deny the Request if 

there is a substitute product that does 

not require such prohibited inputs, 

specifications, or processes. 

(2) Approval in Unrestricted Quantity. 

An approval in unrestricted quantities 

means that CITA has determined that 

the subject product is not available in 

commercial quantities in a timely 

manner in the United States or Panama 

or that no interested entity has objected 

to the Request. 

If a Request is approved without 

restriction, a notice will be published in 

the U.S. Federal Register not later than 

30 U.S. business days (or not more than 

44 U.S. business days where an 

extension is provided) after the official 

receipt of a Request, adding the subject 

product to the Commercial Availability 

List in Annex 3.25 of the US-Panama 

TPA. The effective date of the 

determination is the date of publication 

of the notice in the U.S. Federal 

Register. 

(3) Approval in a Restricted Quantity. 

(i) Approval in a Restricted Quantity: 

An Approval in a Restricted Quantity 

means that CITA has determined to add 

the subject product to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA with a specified 

restricted quantity. CITA may approve 

the Request in a restricted quantity if 

CITA determines that a US-Panama TPA 

supplier(s) can partially fulfill the 

Request for the subject product. The 

restricted quantity specifies the amount 

of the subject product that can be 

provided by a US-Panama TPA 

supplier(s). 

(A) If a Request is approved in a 

restricted quantity, a notice will be 

published in the Federal Register not 

later than 30 U.S. business days (or not 

more the 44 U.S. business days where 

an extension is provided) after official 

receipt of the Request, adding the 

subject product to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA with a specified 

restricted quantity. The restricted 

quantity specifies the amount of the 

subject product that can be provided by 

a US-Panama TPA supplier(s). 

(B) The effective date of the 

determination will be the date of 

publication in the U.S. Federal Register. 

(ii) Elimination of a restricted 

quantity: Not later than six months after 

adding a product to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA in a restricted quantity, 

CITA may eliminate the restriction if it 

determines that the subject product is 

not available in commercial quantities 

in a timely manner in the United States 

or Panama. See Section 203(o)(4)(C)(vi) 

of the Implementation Act. 

(A) The determination that the subject 

product is not available in commercial 

quantities in a timely manner will be 

based upon whether the restricted 

quantity has been provided by a USPanama TPA supplier(s). CITA will 

solicit comments and information from 

the US-Panama TPA supplier(s) and the 

requestor. 

(B) If the US-Panama TPA supplier(s) 

are still capable of providing the 

restricted quantity, the restriction will 

remain. 

(C) If the US-Panama TPA supplier(s) 

are unable to provide the restricted 

quantity, CITA will eliminate the 

quantity restriction. CITA will publish a 

notice in the U.S. Federal Register, and 

post on the Web site, that the quantity 

restriction is eliminated and the subject 

product is added to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA in an unrestricted 

quantity. The effective date of the 

determination will be the date of 

publication in the U.S. Federal Register. 

(4) Insufficient Information to 

Determine. CITA will extend its time 

period for consideration of the Request 

by an additional 14 U.S. business days 

in the event that CITA determines, not 

later than 30 U.S. business days after 

official receipt of a Request, that it has 

insufficient information to make a 

determination regarding the ability of a 

US-Panama TPA supplier to supply the 

subject products of the Request based on 

the submitted information. CITA will 

normally determine that it does not 

have sufficient information to make a 

determination on a Request when CITA 

finds there is inconsistency in material 

information contained in the Request, 

one or more Responses, and/or the 

Rebuttal(s). CITA will notify interested 

parties via email that it has extended the 

time period for CITA’s consideration by 

14 U.S. business days. CITA also will 

announce the extension on the Web site 

for US-Panama TPA commercial 

availability proceedings. 

(i) Process during Extension Period: 

During the extended time period, CITA 

will request that interested entities 

provide additional evidence to 

substantiate the information provided, 

and may initiate a meeting with 

interested entities. Such evidence may 

include, inter alia, product samples, lab 

tests, detailed descriptions of product 

facilities, and comparisons of product 

performance in the intended end-use of 

the subject product. Any samples, if 

requested, of fibers, yarns, or fabrics, 

that are provided to CITA will be made 

available for public inspection at the 

Office of Textiles and Apparel, Room 

30003, U.S. Department of Commerce, 

14th St. and Constitution Ave. NW., 

Washington, DC 20230. All written 

submissions must follow instructions 

described in Section 3 of these 

procedures. Samples should be 

identified with a cover sheet that 

describes the specifications of the 

sample and be identical to the 

specifications of the Request. If CITA 

conducts a meeting, it will comply with 

requirements to conduct proceedings in 

an open manner. 

(ii) CITA also will consider evidence 

in support of claims that US-Panama 

TPA supplier(s) can supply a 

substantially similar product to that 

specified in the Request. 

(ii) CITA will make a determination, 

not later than 44 U.S. business days 

after the official receipt of a Request 

whether to approve, approve with 

restriction, or deny the Request and will 

follow the notification process 

accordingly. 

(5) Deemed Approval. In the event 

that CITA does not make a 

determination in response to a Request 

to add a product to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA within the statutory 

deadlines provided, not later than 45 

U.S. business days after the official 

receipt of the Request or not later than 

60 U.S. business days after the official 

receipt of the Request that was 

determined to lack sufficient 

information pursuant to Section 8(c)(4) 

of these Procedures, the requested 

subject product shall be added to the 

Commercial Availability List in Annex 

3.25 of the US-Panama TPA, in an 

unrestricted quantity, in accordance 

with the requirements of section 

203(o)(4)(D) of the Implementation Act. 

CITA will notify the public of the 

deemed approval by publication in the 

Federal Register and posting on 

OTEXA’s Web site. 

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28204 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 

9. Submitting a Request To Remove or 

Restrict 

(a) Request to Remove or Restrict. No 

earlier than six months after a product 

has been added to the Commercial 

Availability List in Annex 3.25 of the 

US-Panama TPA in an unrestricted 

quantity pursuant to Sections 203(o)(2), 

203(o)(4)(C)(iii) or (vi), or 203(o)(4)(D) of 

the Implementation Act, an interested 

entity may submit a request to CITA 

requesting that a product be either 

removed from the List in Annex 3.25 or 

that a quantity restriction be introduced. 

See Section 203(o)(4)(E)(i) of the 

Implementation Act. 

(b) Content of a Request to Remove or 

Restrict. The Request to Remove or 

Restrict must provide the substantive 

information set forth in Section 6(b) 

(Contents of a Response with an Offer to 

Supply) of these procedures. 

(c) Procedures. 

(1) In considering whether to accept a 

Request to Remove or Restrict, CITA 

will follow procedures set forth in 

Section 5 (Consideration and 

Acceptance of a Request) of these 

procedures. 

(2) If CITA determines to accept the 

Request to Remove or Restrict, CITA 

and any responding interested entity 

shall follow applicable procedures and 

contents set forth in subsection 6(a) 

(Response with an Offer to Supply) and 

Section 7 (Submitting a Rebuttal 

Comment) of these procedures. 

(3) As set forth in subsections 8(a) and 

(b) (Determination Process) of these 

procedures, CITA will determine 

whether the subject product of the 

Request to Remove or Restrict is 

available in commercial quantities in a 

timely manner from a US-Panama TPA 

supplier not later than 30 U.S. business 

days after the official receipt of the 

Request to Remove or Restrict. 

(i) If CITA determines that the 

product is available in commercial 

quantities in a timely manner in the 

United States or Panama, then that 

product will be removed from the 

Commercial Availability List in Annex 

3.25 of the US-Panama TPA. 

(ii) If CITA determines that the 

product is available in restricted 

quantities in a timely manner in the 

United States or Panama, then a 

restricted quantity will be introduced 

for that product. 

(iii) If the Commercial Availability 

List in Annex 3.25 of the US-Panama 

TPA changes as a result of CITA’s 

determination for the Request to 

Remove or Restrict, CITA will notify 

interested parties by email of its 

determination and will publish a notice 

of its determination for the Request to 

Remove or Restrict in the U.S. Federal 

Register. 

(A) For removal, the notice of 

determination will state that textile and 

apparel good containing the subject 

product are not to be treated as 

originating in either the United States or 

Panama if the subject product is 

obtained from sources outside the 

United States or Panama, effective for 

goods entered into the United States on 

or after six months (i.e., 180 calendar 

days) after the date of publication of the 

notice. See Section 203(o)(4)(E)(iv) of 

the Implementation Act. 

(B) For restriction, the notice of 

determination will specify the restricted 

quantity for the subject product that is 

to be effective on or after six months 

(i.e., 180 calendar days) after the 

publication date of the notice. See 

Section 203(o)(4)(E)(iv) of the 

Implementation Act. 

Request for Comments on the Interim 

Procedures 

Comments must be received no later 

than June 13, 2013, and in the following 

format: 

(1) Comments must be in English. 

(2) Comments must be submitted 

electronically OR in hard copy, with 

original signatures. 

(3) Comments submitted 

electronically must be either in PDF, 

Word, or Word-Perfect format, and sent 

to the following email address: 

OTEXA_PANAMA@trade.gov. 

Comments submitted electronically will 

be posted for public review on the Web 

site dedicated to US-Panama TPA 

commercial availability proceedings. 

(4) Comments submitted in hard copy 

must be original signed documents and 

must be mailed to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th and 

Constitution Avenue NW., Washington, 

DC 20230. Comments submitted in hard 

copy will be made available for public 

inspection at the Office of Textiles and 

Apparel, Room 30003, U.S. Department 

of Commerce, 14th and Constitution 

Avenue NW., Washington, DC, between 

the hours of 8:30 a.m. and 5:00 p.m. on 

business days. In addition, comments 

submitted in hard copy will also be 

posted for public review on the Web site 

dedicated to US-Panama TPA 

commercial availability proceedings. 

Kim Glas, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. 2013–11455 Filed 5–13–13; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 10:00 a.m., Thursday, 

May 16, 2013. 

PLACE: CFTC Headquarters Conference 

Center, Three Lafayette Centre, 1155 

21st St. NW., Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission has scheduled this meeting 

to consider various rulemaking matters, 

including the issuance of interpretive 

guidance and policy statement and the 

approval of final rules. The agenda for 

this meeting is available to the public 

and posted on the Commission’s Web 

site at http://www.cftc.gov. In the event 

that the time, date, or place of the 

meeting changes, an announcement of 

the change, along with the new time, 

date, or place of the meeting, will be 

posted on the Commission’s Web site. 

CONTACT PERSON FOR MORE INFORMATION: 

Melissa D. Jurgens, Secretary of the 

Commission, 202–418–5516. 

Melissa D. Jurgens, 

Secretary of the Commission. 

[FR Doc. 2013–11506 Filed 5–10–13; 11:15 am] 

BILLING CODE 6351–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2013–0014] 

Agency Information Collection 

Activities; Comment Request 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice and request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), the Consumer Financial 

Protection Bureau (Bureau) is proposing 

to renew the Office and Management 

and Budget (OMB) approval for an 

existing information collection titled, 

Truth in Savings (Regulation DD) 12 

CFR 1030. 

DATES: Written comments are 

encouraged and must be received on or 

before July 15, 2013 to be assured of 

consideration. 

ADDRESSES: You may submit comments, 

identified by the title of the information 

collection, OMB Control Number (see 

below), and docket number (see above), 

by any of the following methods: 

• Electronic: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

mstockstill on DSK4VPTVN1PROD with NOTICES