[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48054-48055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22672]


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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)

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

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DATES: Effective Date: September 21, 2009.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain cotton/nylon/spandex raschel 
knit open work crepe 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 under ``Approved Requests,'' Reference number: 
130.2009.08.21.Fabric.ST&Rfor Hansae

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); 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) 
(``CITA's procedures'').

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. See CITA's procedures.
    On August 21, 2009, the Chairman of CITA received a Request for a 
Commercial Availability Determination (``Request'') from Sandler, 
Travis & Rosenberg, P.A., on behalf of Hansae Co. Ltd., for certain 
cotton/nylon/spandex raschel knit open work crepe fabric, as specified 
below. On August 24, 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 September 4, 2009, and any 
Rebuttal Comments to a Response must be submitted by September 11, 
2009, in accordance with Sections 6 and 7 of CITA's procedures. No 
interested entity submitted a Response to the Request advising CITA of 
an objection to the Request and an 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.
    Therefore, 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.

[[Page 48055]]



 
 
 
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