[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52640-52641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21561]


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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'')

AGENCY: The Committee for the Implementation of Textile Agreements.

ACTION: Determination to remove a product currently on Annex 3.25 of 
the CAFTA-DR Agreement.

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DATES: Effective Date: February 20, 2012.

SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that an acceptable substitute for certain 
compacted, plied, ring spun cotton yarns, as specified below, is 
available in the CAFTA-DR countries in commercial quantities in a 
timely manner. The product, which is currently on the list in Annex 
3.25 of the CAFTA-DR

[[Page 52641]]

Agreement in unrestricted quantities, will be removed, effective 180 
days after publication of this notice.

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: 
156.2011.07.20.Yarn.ParkdaleMillsandBuhlerQualityYarns.

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''), 
Public 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).

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, 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 (September 15, 
2008)) (``CITA's procedures'').
    On July 20, 2011, the Chairman of CITA received a request from 
Parkdale Mills and Buhler Quality Yarns for a Commercial Availability 
determination to remove or restrict (``Request'') certain compacted, 
plied, ring spun cotton yarns, currently on Annex 3.25. Parkdale Mills 
and Buhler Quality Yarns offered to supply yarns substitutable for the 
specified yarns and provided documentation demonstrating their ability 
to supply commercial quantities in a timely manner. On July 22, 2011, 
in accordance with CITA's procedures, CITA notified interested parties 
of the Request, which was posted on the dedicated Web site for CAFTA-DR 
Commercial Availability proceedings. In its notification, CITA advised 
that any Response to the Request (``Response'') must be submitted by 
August 3, 2011, and any Rebuttal Comments to a Response (``Rebuttal'') 
must be submitted by August 9, 2011, in accordance with Sections 6, 7 
and 9 of CITA's procedures. No interested entity submitted a Response 
advising CITA of its objection to the Request.
    In accordance with section 203(o)(4)(C) of the CAFTA-DR 
Implementation Act, Section 8(a) and (b), and Section 9(c)(1) of CITA's 
procedures, as no interested entity submitted a Response objecting to 
the Request, CITA has determined to remove the subject product from 
Annex 3.25. Pursuant to Section 9(c)(3)(iii)(A), textile and apparel 
articles containing the subject product are not to be treated as 
originating in a CAFTA-DR country if the subject product is obtained 
from non-CAFTA-DR sources, effective for goods entered into the United 
States on or after 180 calendar days after the date of publication of 
this notice. A revised list in Annex 3.25, noting the effective date of 
the removal of the subject product, has been posted on the dedicated 
Web site for CAFTA-DR Commercial Availability proceedings.

Specifications: Certain Compacted, Plied, Ring Spun Cotton Yarns

    Compacted, plied, ring spun cotton yarns, with yarn counts in the 
range from 42 to 102 metric, classified in subheadings 5205.42.0020, 
5205.43.0020, 5205.44.0020, 5205.46.0020, and 5205.47.0020 of the 
Harmonized Tariff Schedule of the United States (HTSUS)

Kim Glas,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2011-21561 Filed 8-22-11; 8:45 am]
BILLING CODE 3510-DS-P