Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 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 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral 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. 

DATES: Effective Date: September 21, 

2009. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’) has determined that certain 

cotton/polyester three thread circular 

knit fleece 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 ONLINE: http://web.ita.doc.gov/tacgi/

CaftaReqTrack.nsf, under ‘‘Approved 

Requests,’’ reference number: 

127.2009.08.07.Fabric.ST&Rfor 

Intradeco. 

SUPPLEMENTARY INFORMATION: 

Authority: The CAFTA–DR Agreement; 

Section 203(o)(4) of the Dominican RepublicCentral 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); 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). 

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 August 7, 2009, the Chairman of 

CITA received a request for a 

commercial availability determination 

(‘‘Request’’) from Sandler, Travis & 

Rosenberg, P.A. on behalf of Intradeco 

Apparel, Inc. (‘‘Intradeco’’), for certain 

cotton/polyester three thread circular 

knit fleece fabrics. On August 11, 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 

August 21, 2009, and any Rebuttal 

Comments to a Response (‘‘Rebuttal’’) 

must be submitted by August 27, 2009. 

On August 24, 2009, CITA announced 

that, in accordance with Section 6(a) 

and 7(a) of its procedures, it found 

sufficient good cause to extend the 

deadlines for Responses to August 24, 

2009, and deadlines for Rebuttals to 

August 28, 2009. On August 24, 2009, 

Hylos y Telas s.a. (‘‘HyT’’) submitted a 

Response to the Request. On August 28, 

2009, Interdeco submitted a Rebuttal to 

the Response. 

In its Request, Intradeco stated that it 

had conducted due diligence to source 

the fabric from CAFTA–DR suppliers, 

including HyT. Intradeco reported that 

it had engaged in a dialogue with HyT 

over the course of several weeks, during 

which time it requested information 

about HyT’s capacity and asked that 

HyT confirm its interest in supplying 

the subject fabric. The requestor 

asserted that HyT did not provide 

detailed information about its 

production capability and capacity to 

produce the subject fabric. As a result, 

Intradeco claimed that HyT did not 

demonstrate that it is able supply the 

fabric in question in commercial 

quantities in a timely manner. 

In the Response submitted by HyT, 

the supplier stated that it had been in 

contact with Intradeco in the course of 

its due diligence efforts, and had offered 

to supply the subject fabric. In the 

Confidential version of its Response, 

HyT provided information regarding its 

production capabilities, including 

quantities of past production of other 

fabrics, and an inventory of its 

manufacturing equipment. HyT also 

stated that it had developed a new fabric 

in response to Intradeco’s inquiries, and 

had sent a sample to Intradeco on 

August 8, 2009. With the sample, HyT 

also sent a lab report reflecting the 

specifications of the fabric, known as a 

‘‘specification sheet.’’ HyT asserted that 

it had provided Intradeco with the same 

specification sheet it included as an 

attachment in the Confidential version 

of its Response. In its Response, HyT 

stated that, while there were some 

variations in the specifications of the 

fabric it had developed and the required 

specifications of the subject fabric, 

‘‘such differences (were) not an obstacle 

mstockstill on DSKH9S0YB1PROD with NOTICES

48056 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

to fulfill the requirements of the final 

product.’’ 

Section 203(o)(4)(C) of the CAFTA– 

DR Implementation Act provides that 

after receiving a Request, CITA will 

make a determination 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 indicates that the fabric offered 

by HyT does not meet the specifications 

outlined in Intradeco’s Request, 

differing in fiber content, appearance, 

shrinkage tolerance, and yarn 

construction. Further, HyT has not 

established why its proposed fabric, 

with its different specifications, is 

substitutable for the subject product. 

CITA therefore finds that HyT has not 

demonstrated its ability to supply the 

specified fabric or one substitutable. 

Therefore, in accordance with section 

203(o) of the CAFTA–DR 

Implementation Act and CITA’s 

procedures, as no interested entity has 

substantiated its ability to supply the 

subject product in commercial 

quantities in a timely manner, 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/Polyester Three 

Thread Circular Knit Fleece Fabric (Fabric #1) 

HTSUS: 6001.21 

Fiber Content: 77–83% cotton/17–23% polyester 

Yarn Size: 

1.Face Yarn: 100% combed cotton ring spun, 49/1 

to 54/1 metric (29/1 to 32/1 English) in each of 

the following configurations: 

a. 100% bleached or dyed cotton 

b. 95% undyed cotton/5% dyed cotton 

c. 90% undyed cotton/10% dyed cotton 

d. 80% undyed cotton/20% dyed cotton 

e. 70% undyed cotton/30% dyed cotton 

f. 60% undyed cotton/40 dyed cotton 

g. 50% undyed cotton/50% dyed cotton 

h. 40% undyed cotton/60% dyed cotton 

i. 30% undyed cotton/70% dyed cotton 

j. 25% undyed cotton/75% dyed cotton 

k. 20% undyed cotton/80% dyed cotton 

The percentages above may vary by up to 2 percentage points. 

2. Tie Yarn: 176 to 184/48 filament metric filament 

polyester (49 to 51/48 filament denier) 

3. Fleece Yarn: 67-73% carded cotton, 26/1 to 30/1 

metric ring spun/27–33% 3600–4500 metric polyester staple (15.5/1 to 18/1 ring spun/2.0 to 2.5 

denier polyester staple) 

Machine Gauge: 21 

Weight: 232–271 grams per square meter (6.85 to 

8.0 ounces per square yard) 

Width: Not less than 152 centimeters cuttable (60 

inches) 

Finish: Napped on technical back; bleached and/or 

dyed; and of yarns of different colors 

Performance Criteria: Not more than 5% vertical 

and horizontal shrinkage; not more than 4% 

vertical torque 

Kimberly Glas, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E9–22669 Filed 9–18–09; 8:45 am] 

BILLING CODE 3510–DS 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Limitations of Duty-and Quota-Free 

Imports of Apparel Articles Assembled 

in Beneficiary ATPDEA Countries from 

Regional Country Fabric 

September 15, 2009. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Publishing the New 12-Month 

Cap on Duty and Quota Free Benefits. 

DATES: Effective Date: October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Stetson, International Trade 

Specialist, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 3103 of the Trade Act 

of 2002, Pub. L. 107-210; Title VII of the Tax 

Relief and Health Care Act of 2006 (TRHCA 

2006), P.L. 109-432; H.R. 1830, 110th Cong. 

(2007) (H.R. 1830); Presidential Proclamation 

7616 of October 31, 2002 (67 FR 67283, 

November 5, 2002). 

Section 3103 of the Trade Act of 2002 

amended the Andean Trade Preference 

Act (ATPA) to provide for duty and 

quota-free treatment for certain textile 

and apparel articles imported from 

designated Andean Trade Promotion 

and Drug Eradication Act (ATPDEA) 

beneficiary countries. Section 

204(b)(3)(B)(iii) of the ATPA, as 

amended, provides duty- and quota-free 

treatment for certain apparel articles 

assembled in ATPDEA beneficiary 

countries from regional fabric and 

components. More specifically, this 

provision applies to apparel articles 

sewn or otherwise assembled in one or 

more ATPDEA beneficiary countries 

from fabrics or from fabric components 

formed or from components knit-toshape, in one or more ATPDEA 

beneficiary countries, from yarns wholly 

formed in the United States or one or 

more ATPDEA beneficiary countries 

(including fabrics not formed from 

yarns, if such fabrics are classifiable 

under heading 5602 and 5603 of the 

Harmonized Tariff Schedule (HTS) and 

are formed in one or more ATPDEA 

beneficiary countries). Such apparel 

articles may also contain certain other 

eligible fabrics, fabric components, or 

components knit-to-shape. 

The TRHCA of 2006 extended the 

expiration of the ATPA to June 30, 2007. 

See section 7002(a) of the TRHCA 2006. 

H.R. 1830 further extended the 

expiration of the ATPA to February 29, 

2008. H.R. 5264 further extended the 

expiration of the ATPA to December 31, 

2008. H.R. 7222, 110th Cong. (2008), 

further extended the expiration of the 

ATPA to December 31, 2009. See Pub. 

L. No. 110-436. 

For the period beginning on October 

1, 2009 and extending through 

December 31, 2009, preferential tariff 

treatment is limited under the regional 

fabric provision to imports of qualifying 

apparel articles in an amount not to 

exceed 5 percent of the aggregate square 

meter equivalents of all apparel articles 

imported into the United States in the 

preceding 12-month period for which 

data are available. For the purpose of 

this notice, the 12-month period for 

which data are available is the 12-month 

period that ended July 31, 2009. In 

Presidential Proclamation 7616 

(published in the Federal Register on 

November 5, 2002, 67 FR 67283), the 

President directed CITA to publish in 

the Federal Register the aggregate 

quantity of imports allowed during each 

period. 

For the period beginning on October 

1, 2009 and extending through 

December 31, 2009, the aggregate 

quantity of imports eligible for 

preferential treatment under the 

regional fabric provision is 

1,163,423,598 square meters equivalent. 

Apparel articles entered in excess of this 

quantity will be subject to otherwise 

applicable tariffs. 

This quantity is calculated using the 

aggregate square meter equivalents of all 

apparel articles imported into the 

United States, derived from the set of 

Harmonized System lines listed in the 

Annex to the World Trade Organization 

Agreement on Textiles and Clothing 

(ATC), and the conversion factors for 

units of measure into square meter 

equivalents used by the United States in 

implementing the ATC. 

Kimberly Glas, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E9–22675 Filed 9–18–09; 8:45 am] 

BILLING CODE 3510–DS 

mstockstill on DSKH9S0YB1PROD with NOTICES