48054 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

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 #2) 

HTSUS: 6001.21 

Fiber Content: 67–73% cotton/27–33% polyester 

Average Yarn Number: 

Face Yarn: 100% combed cotton, 50/1 to 57/1 

metric (30/1 to 34/1 English). 

Tie Yarn: 100% filament polyester; 176 to 184/48 

filament metric filament polyester (49 to 51/48 

filament denier) 

Fleece Yarn: 57-63% carded cotton/37-43% polyester; 15/1 to 20/1 metric (9/1 to 12/1 English). 

Machine Gauge: 21 

Weight: 271–310 grams per square meter (8.0 to 

9.15 ounces per square yard) 

Width: 152–183 centimeters (60 to 72 inches) 

Finish: Piece dyed and/or printed 

In addition, the technical back must be heavily 

napped to produce a fabric thickness of not less 

than 4.5 millimeters, including the napped pile. 

The height of the pile is a requirement of the finished fabric. During processing, including rolling 

of the fabric, the actual height of the fabric, including the napping, may be less. 

Performance Criteria: Vertical and horizontal 

shrinkage must be less than 5%. Torque may not 

exceed 4% All fabrics must have a Class 1 flammability rating. 

For optimum fabric integrity and stitch definition, this 

fabric must be knit on machines whose number of 

yarn feeds is a multiple of 3. 

Kimberly Glas, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E9–22665 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/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 ONLINE: 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 RepublicCentral 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

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