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[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]               
[Page 65609-65610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-32]                         

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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 add a product in unrestricted quantities to 
Annex 3.25 of the CAFTA-DR Agreement.

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DATES: Effective Date: October 26, 2010.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain woven flannel fabric of 
polyester, rayon and acrylic, as specified below, is not available in 
commercial quantities in a timely manner in the CAFTA-DR countries. The 
product will be added to

[[Page 65610]]

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: 
149.2010.09.22.Fabric.ElderManufacturingCo.

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. 
L. 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, 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) 
(``CITA's procedures'').
    On September 22, 2010, the Chairman of CITA received a Request for 
a Commercial Availability Determination (``Request'') from Elder 
Manufacturing Company, Inc. for certain woven flannel fabrics of 
polyester, rayon, and acrylic. On September 24, 2010, 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 with an Offer to Supply (``Response'') must be 
submitted by October 6, 2010, and any Rebuttal Comments to a Response 
(``Rebuttal'') must be submitted by October 13, 2010, in accordance 
with Sections 6 and 7 of CITA's procedures. No interested entity 
submitted a Response to the Request advising CITA of its objection to 
the Request and its 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.
    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 Web site for CAFTA-DR Commercial Availability 
proceedings.

Specifications: Certain Woven Flannel Fabric

HTS Subheading: 5515.11.0040
Fiber Content: 50% Polyester, 25% Rayon, 25% Acrylic
Yarn Size(s): 2/47 x 2/47 to 2/50 x 2/50
Thread Count (warp): 32 to 33 cm
Thread Count (weft): 25.5 to 26.5 picks/cm
Weave Type: Four harness twill
Fabric Weight: 210-225 grams per square meter
Fabric Width: 148-152 cm
Coloration: Piece dyed, then over dyed (single uniform color)
Finishing Processes: (CRF) Finish softeners, singed, semi-decated, 
sheared

Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 2010-27078 Filed 10-25-10; 8:45 am]
BILLING CODE 3510-DS-P
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