13256 Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 

Title: Electronic Response to Office 

Action and Preliminary Amendment 

Forms. 

Form Number(s): PTO Forms 1930, 

1957, 1966. 

Agency Approval Number: 0651–

0050. 

Type of Request: Revision of a 

currently approved collection. 

Burden: 25,653 hours annually. 

Number of Respondents: 150,900 

responses per year. 

Avg. Hours per Response: The time 

needed to respond to the request for 

reconsideration form is estimated to be 

10 minutes (0.17 hours). This includes 

time to gather the necessary 

information, create the documents, and 

submit the completed request. 

Needs and Uses: This collection is 

being submitted as a proposed addition 

in support of a notice of proposed 

rulemaking, ‘‘Changes in the 

Requirements for Filing Requests for 

Reconsideration of Final Office Action 

in Trademark Cases’’ (RIN 0651–AC05). 

The USPTO proposes to amend 37 CFR 

2.64 to require a request for 

reconsideration of an examining 

attorney’s final refusal or requirement to 

be filed through the Trademark 

Electronic Application System (TEAS) 

within three months of the mailing date 

of the final action. 

This rulemaking would add an 

additional requirement to this 

collection, a Request for 

Reconsideration after Final Action 

(Form 1930). The amendment to 37 CFR 

2.64 would streamline and promote 

efficiency in the process once a final 

action has issued in an application for 

Trademark registration. By setting a 

three-month period in which to file a 

request for reconsideration of the final 

action, and by requiring that the request 

be filed through TEAS, the proposed 

amendment would facilitate the likely 

disposition of an applicant’s request for 

reconsideration prior to the six-month 

deadline for filing an appeal to the 

Trademark Trial and Appeal Board 

(TTAB) or petition to the Director on the 

same final action. This practice may 

eliminate the need for some appeals or 

petitions, and reduces the need for 

remands and transfers of applications 

on appeal. 

The proposed earlier deadline and 

mandatory TEAS filing facilitate the 

likely disposition of the request for 

reconsideration prior to the deadline to 

petition or appeal. A grant of 

reconsideration within this timeframe 

will obviate the need for an applicant to 

file an appeal or petition, thus also 

saving the applicant the filing fee for an 

appeal or petition. A denial of 

reconsideration within this timeframe 

will obviate the need for a case on 

appeal to be remanded and transferred 

between the TTAB and the examining 

attorney. Under either scenario, the 

timeframe in the proposed rule 

promotes more efficient and prompt 

handling of the case, and achieves 

benefits both for the applicant and the 

USPTO. 

Affected Public: Individuals or 

households; business or other for-profit; 

not-for-profit institutions. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0050 copy request’’ in 

the subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan Brown. 

• Mail: Susan K. Brown, Records 

Officer, Office of the Chief Information 

Officer, Architecture, Engineering and 

Technical Services, Data Architecture 

and Services Division, U.S. Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before April 20, 2007 to David 

Rostker, OMB Desk Officer, Room 

10202, New Executive Office Building, 

Washington, DC 20503. 

Dated: March 15, 2007. 

Susan K. Brown, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Architecture, 

Engineering and Technical Services, Data 

Architecture and Services Division. 

[FR Doc. E7–5137 Filed 3–20–07; 8:45 am] 

BILLING CODE 3510–16–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Final Procedures for Considering 

Requests Under the Commercial 

Availability Provision of the Dominican 

Republic-Central America-United 

States Free Trade Agreement 

March 15, 2007. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Summary and response to 

comments concerning the CAFTA-DR 

commercial availability interim 

procedures; notice of final procedures. 

SUMMARY: This notice summarizes the 

comments received concerning the 

Interim Procedures and provides 

responses to those comments. See 

Interim Procedures for Considering 

Requests Under the Commercial 

Availability Provision to the Dominican 

Republic-Central America-United 

States Free Trade Agreement, 71 FR 

9315 (February 23, 2006). 

EFFECTIVE DATE: The date of entry into 

force of the Dominican-Central AmericaUnited States Free Trade Agreement. 

FOR FURTHER INFORMATION CONTACT: 

Richard Stetson, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3400. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 203(o)(4) of the 

Dominican Republic-Central America-United 

States Free Trade Agreement Implementation 

Act (‘‘CAFTA-DR’’); the Statement of 

Administrative Action (‘‘SAA’’), 

accompanying the CAFTA-DR, at 16-20. 

Comments and Responses Concerning 

the Interim Procedures 

On February 21, 2006, the Committee 

for the Implementation of Textile 

Agreements (‘‘CITA’’) issued a Federal 

Register notice advising interested 

parties of Interim Procedures that CITA 

would follow in implementing certain 

provisions of the Dominican RepublicCentral America-United States Free 

Trade Agreement Implementation Act 

(‘‘CAFTA-DR Implementation Act’’), 

namely the procedures for modification 

of the list of fabrics, yarns or fibers not 

available in commercial quantities in a 

timely manner in the countries that are 

Parties to the CAFTA-DR Agreement 

(‘‘CAFTA-DR’’ or ‘‘Agreement’’), as set 

out in Annex 3.25 of the CAFTA-DR. 

CITA has reviewed and considered all 

submitted comments, and below is a 

summary of and response to those 

comments. 

Standards For Submissions: One 

commentator noted that the interim 

procedures did not provide a factual 

standard for determining the 

substitutability of other products for the 

product subject to the commercial 

availability request. See, e.g., sections 

4(b)(4) and 6(b)(2)(iv) of the Interim 

Procedures. CITA has not adopted this 

suggestion. A wide range of products 

may be the subject of a commercial 

availability request. As each commercial 

availability request is evaluated on the 

basis of the facts contained therein, it 

would be impracticable to set forth a 

uniform standard for substitutability; 


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rather, CITA will examine each request 

and any subsequent responses on a caseby-case basis. 

The same commentator suggested that 

an offer made in response to a request 

must contain an explicit commitment by 

the potential CAFTA-DR supplier to 

immediately deliver the product in 

question or one determined to be 

substitutable. CITA has not adopted this 

suggestion. Section 203(o)(4)(C) of the 

CAFTA-DR Implementation Act sets 

forth the standard that the subject 

product be delivered ‘‘in a timely 

manner.’’ What is ‘‘timely’’ in any given 

situation can only be determined on a 

case-by-case basis. 

One commentator asked that CITA 

clarify that in addition to accepting 

responses that object to a request, CITA 

will also accept submissions in support 

of a request. Section 203(o)(4)(C)(iii)(II) 

of the CAFTA-DR Implementation Act 

provides for a determination as to 

whether any ‘‘interested entity has 

objected to the request.’’ Section 6 of the 

Interim Procedures required that an 

objection to the request contain an offer 

to supply, and that both offers to supply 

and rebuttal submissions provide 

information to substantiate the claims 

contained in the respective submissions. 

This requirement is maintained in 

section 6 of the Final Procedures. Thus, 

CITA will not consider submissions in 

support of a request in making 

commercial availability determinations. 

Removal From Annex 3.25 List: One 

commentator noted that the procedures 

should contain an explicit statement 

that all products already approved 

under Trade Preference Programs 

(Caribbean Basin Trade partnership Act 

(‘‘CBTPA’’), African Growth and 

Opportunity Act (‘‘AGOA’’), and the 

Andean Trade Promotion and Drug 

Eradication Act (‘‘ATPDEA’’) and added 

to the list in Annex 3.25 of CAFTA-DR 

cannot be removed from Annex 3.25. A 

different commentator asked that CITA 

confirm that products added to the list 

in Annex 3.25 since the date that the 

CAFTA-DR was signed cannot be 

removed from that list. Article 3.25.5(a) 

of the CAFTA-DR and section 

203(o)(4)(E)(I) of the CAFTA-DR 

Implementation Act provide that 

fabrics, yarns, or fibers added to the list 

in Annex 3.25 since the date the 

CAFTA-DR was signed are subject to 

removal. Section 9 of Final Procedures 

accurately reflects these statutory 

requirements. 

Public Notice: One commentator 

asserted that the procedures’ reliance on 

Internet notification and electronic mail 

(‘‘email’’) correspondence will result in 

delays or failures to distribute the 

information fully, especially for small 

companies relying on outside 

consultants. Moreover, the commentator 

stated that forbearing the use of a 

Federal Register notification results in 

greater risk for parties to be uninformed 

of developments in these proceedings. 

Another commentator alleges that as 

these procedures are a federal 

administrative process, publication in 

the Federal Register is required so that 

all parties may be assured of 

notification. Given the abbreviated 

timeline for these proceedings, Internet 

and email communications provide 

more timely notification than 

publication in the Federal Register and 

allow all parties equal opportunity for 

notification. This is particularly relevant 

for parties outside of the United States. 

Further, given the abbreviated timeline 

for such proceedings, Internet and email 

communications provide interested 

entities with more time to allocate to 

reviewing information and providing 

submissions than Federal Register 

publication would allow. Moreover, 

although a notice published in the 

Federal Register does constitute ‘‘public 

notice,’’ it is not the only means by 

which to notify the public. CITA has 

widely publicized that any interested 

party may receive its email notifications 

and that all public documents will be 

posted on its website. This system 

provides broad access and accessibility 

to interested parties inside and outside 

of the United States. 

Another commentator noted that 

CITA’s requirement to submit hard 

copies of submissions via express 

courier is too inflexible, and requests 

that CITA accept hand-delivered 

submissions accompanied by an 

appropriate receipt that allows 

confirmation of delivery. CITA has not 

adopted this suggestion. In light of the 

abbreviated timeline for such 

proceedings, delivery by express courier 

permits tracking of submissions and 

avoids the possibility of documents 

being lost or misplaced. 

One commentator asked that CITA 

accept submissions of electronic 

information in PDF format. CITA has 

adopted this suggestion and clarified 

this point in the Final Procedures. 

Other commentators asked that CITA 

advise interested parties of all 

deadlines, extensions, availability of 

samples for public inspection, and the 

posting of responses on the website in 

its email notifications. Additional 

commentators requested that the 

procedures clarify that information on 

determinations, including ‘‘Deemed 

Approvals’’ and removal of restrictions 

will be provided through email 

notifications, website postings, and 

publication in the Federal Register. 

CITA has adopted this suggestion and 

clarified these points in its Final 

Procedures. 

Contents of Requests and Responses: 

A commentator suggested that requests 

should include ‘‘offers to buy,’’ as 

responses are required to contain ‘‘offers 

to supply,’’ to prevent speculative and 

spurious requests by potential buyers. 

CITA has not adopted this suggestion. 

CITA has no authority to obligate or 

compel requesters to purchase products, 

and therefore, cannot require requesters 

to include an ‘‘offer to buy.’’ However, 

should a subject or substitutable 

product be available from a CAFTA-DR 

supplier, articles containing such 

products from third-country sources 

would not qualify for preferential trade 

benefits. 

Another commentator suggested that 

denials, approvals in restricted 

quantities, or removals contain contact 

information of the potential CAFTA-DR 

supplier(s) of the subject product(s). 

This information would already be 

contained in any response with an offer 

to supply or rebuttal submission. 

Moreover, as this information is posted 

on the Internet, there is no need to 

duplicate such information in CITA’s 

determination notice. 

The same commentators suggested 

that responses with an offer to supply 

should contain a sample of the 

petitioned or allegedly substitutable 

product. CITA is not adopting this 

suggestion. CITA notes that given the 

abbreviated timeline to conduct these 

proceedings and depending on the 

nature of the requested product, it may 

not be possible for an interested entity 

to provide a sample in all situations. 

Samples may be submitted with 

requests or offers to supply, but this is 

not required. CITA notes that in the 

event that the 14-day extension is 

invoked, interested entities are provided 

with additional time to provide a 

sample product to substantiate their 

claims should they choose to do so. 

A commentator asked that CITA allow 

discretion regarding treatment of 

business confidential information in 

special circumstances, such as when a 

potential supplier wants to keep its 

name confidential for fear of retaliation. 

CITA has not adopted this suggestion. In 

order to conduct this procedure in an 

open and fair manner, CITA finds it is 

necessary for all participants to know: 

(1) the names of potential suppliers that 

have been contacted by petitioners, and 

(2) those interested entities who object 

to the request. However, specific 

proprietary information may be treated 

as business confidential information. 

See section 3 of the Final Procedures. 


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Restricted Quantities: One 

commentator was strongly opposed to 

an automatic review of restricted 

quantities in a CITA determination, 

alleging that such reviews would 

burden parties and CITA with 

unnecessary processes. Moreover, this 

commentator claims that the automatic 

review is not required by the legislation. 

Section 203(o)(4)(C)(vi) of the CAFTADR Implementation Act provides that 

the restriction may be eliminated not 

later than six months after the product 

is added to the list in Annex 3.25 of the 

Agreement in a restricted quantity. 

Therefore, CITA may review current 

circumstances to determine whether 

eliminating the restricted quantity is 

warranted. This section of the Final 

Procedures has been revised to provide 

clarity. See section 8(c)(3) of the Final 

Procedures. 

One commentator asked that CITA 

specify how it will determine a given 

quantity in determinations that involve 

restricted quantities. In the course of the 

proceeding, based on the information 

submitted , CITA will specify an 

amount that can be provided by the 

CAFTA-DR supplier(s). CITA will 

provide additional explanation in a 

Frequently Asked Questions (‘‘FAQ’’) 

document that will be made available 

on its website. 

Another commentator requests that in 

section 8(c)(2) of the Interim 

Procedures, regarding approvals in 

unrestricted quantities, the language be 

modified to read, ‘‘... if CITA determines 

that no CAFTA-DR supplier(s) or 

manufacturer(s) could fulfill any 

amount of the request.’’ CITA has 

determined to remove this sentence all 

together, as it is redundant to the 

previous sentence. 

The same commentator asked that 

CITA consider eliminating a quantity 

restriction only upon receipt of a 

request from an interested entity. CITA 

has not adopted this suggestion. Section 

203(o)(4)(C)(vi) of the CAFTA-DR 

Implementation Act does not require 

that a request be submitted to CITA, but 

only that CITA may remove the 

restriction within six months after the 

product is added to the Annex 3.25 list 

in a restricted quantity. 

A commentator asked that CITA 

clarify that approvals in restricted 

quantities take effect 30 days after the 

official receipt of the request. CITA is 

required to make a determination, 

whether a denial, approval in an 

unrestricted quantity, or an approval in 

a restricted quantity, within the 30 U.S. 

business-day deadline, with the caveat 

that CITA may extend the deadline for 

an additional 14 U.S. business days 

should additional information be 

required. See Section 8(c) of the Interim 

and Final Procedures. 

Another commentator asked that 

CITA specify that the effective date of 

the elimination of a restriction will be 

six months after the date of publication 

of the notice. CITA has not adopted this 

suggestion. CITA notes that section 

203(o)(4)(C)(vi) of the CAFTA-DR 

Implementation Act does not specify the 

effective date for removal of the 

restricted quantity should CITA make 

such a determination. CITA would 

publish in the Federal Register any 

modification to products on the Annex 

3.25 list, such as removal of a 

restriction, which in effect adds a 

product to the Annex 3.25 list in an 

unrestricted quantity. CITA notes that 

section 203(o)(4)(C)(v) of the CAFTA-DR 

Implementation Act specifies that the 

effective date for adding products to the 

Annex 3.25 list in an unrestricted or 

restricted quantity is the date of 

publication in the Federal Register. 

A commentator asked that CITA 

clarify that a review to determine 

whether to remove restricted quantities 

can take place later than six months 

after adding the product in a restricted 

quantity to the Annex 3.25 list. CITA 

has not adopted this suggestion. The 

procedure in section 8(c)(3)(ii) of the 

Final Procedures implements Section 

203(o)(4)(C)(vi) of the CAFTA-DR 

Implementation Act which provides 

only for a review not later than six 

months after the product is added to the 

Annex 3.25 list in a restricted quantity. 

Changed Circumstances: Several 

commentators requested that CITA 

clarify a discrepancy in the timeframes 

provided for reconsideration of 

determinations in sections 8(c)(6) and 

9(a) of the interim procedures. Another 

commenter requested that CITA strike 

section 8(c)(6). 

In section 8(c)(6) of the Interim 

Procedures, CITA proposed to allow for 

proceedings based upon changed 

circumstances. Several commentators 

expressed that CITA does not possess 

statutory authority to conduct changed 

circumstances proceedings. The Final 

Procedures clarify when it is 

appropriate for the agency to conduct a 

proceeding based upon changed 

circumstances. It is CITA’s intention at 

this time to exercise its inherent 

authority to reconsider, and/or 

subsequently amend, commercial 

availability determinations that may 

have been procured by, e.g., error, fraud, 

or similar faults. See, e.g., Elkem 

Metals, et al. v. United States, 26 C.I.T. 

234, 239, 193 F. Supp. 2d 1314, 1319- 

20 (2002) (‘‘It is indeed the general rule 

that administrative agencies in 

general...have the inherent authority to 

institute reconsideration proceedings so 

as to ‘vindicate the integrity of the 

administrative process.’’’); Belville Min. 

Co. v. U.S., 999 F.2d 989, 997 (6th Cir. 

1993) (‘‘Even where there is no express 

reconsideration authority for an 

agency...the general rule is that an 

agency has inherent authority to 

reconsider its decision, provided that 

reconsideration occurs within a 

reasonable time after the first 

decision.’’)(citations and internal 

quotations omitted)); Bookman v. 

United States, 197 Ct. Cl. 108, 453 F.2d 

1263, 1265 (1972) (explaining the 

general rule that ‘‘every tribunal, 

judicial or administrative, has some 

power to correct its own errors or 

otherwise modify its judgment, decree, 

or order’’ and that ‘‘[courts] will sustain 

the reconsidered decision of an agency, 

as long as the administrative action is 

conducted within a short and 

reasonable time’’) (citations and internal 

quotations omitted)); Gilmore Steel 

Corp. v. U.S., 7 C.I.T. 219, 223, 585 F. 

Supp. 670, 674 (1984) (holding that the 

International Trade Administration had 

the authority to correct a manifest error 

that ‘‘taints the proceeding’’); Gun 

South, Inc. v. Brady, 877 F.2d 858, 862 

(11th Cir. 1989) (concluding that the 

Bureau of Alcohol, Tobacco, and 

Firearms ‘‘must necessarily retain the 

power to correct the erroneous approval 

of firearms import applications’’ despite 

the absence of express statutory 

authority). 

Therefore, the proposed changed 

circumstances provision was not based 

on statutory changes made by the 

CAFTA-DR Implementation Act, but 

rather relied on the longstanding 

inherent authority that CITA has always 

possessed. See cases cited supra. 

Further, neither the CAFTA-DR 

Implementation Act nor case precedent 

prohibits the proposed proceeding. In 

the interest of fairness and transparency, 

however, it seems appropriate to clarify 

the agency’s inherent authority to 

address such faults in the conduct of the 

proceeding. In the Final Procedures, 

CITA has deleted section 8(c)(6) and 

provided a clarification in the 

‘‘Background’’ section. 

Deadlines: Several commentators 

noted that the deadlines set forth by the 

procedures do not allow for extensions 

for responses with offers to supply or 

rebuttal comments. The procedures do 

allow for CITA to extend the time limit 

for responses with offers to supply and 

rebuttal comments. However, even if an 

extension is provided, CITA is required 

to meet the statutory deadline for 

making a determination. See sections 6 

and 7of the Final Procedures; see also, 


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e.g., section 203(o)(4)(C)(iv) of the 

CAFTA-DR Implementation Act. 

Another commentator suggested that 

CITA begin the timeline for the 

proceeding from the date of publication 

of the commercial availability request 

rather than the date of its official receipt 

by CITA, which would allow for two 

additional days for submitting responses 

with offers to supply. CITA has not 

adopted this suggestion, as CITA needs 

sufficient time to review the 

completeness of commercial availability 

requests before notifying interested 

parties that a commercial availability 

request has been submitted and 

accepted. At the same time, the statute 

requires that the determination be made 

within a certain time period from the 

date of submission. Therefore, in order 

for CITA to make a commercial 

availability determination within the 

statutorily prescribed deadlines, CITA 

needs the two days in question to 

review the completeness of the 

commercial availability request before 

notifying interested parties that a 

request has been submitted and 

accepted. See section 203(o)(4)(C)(iv) of 

the CAFTA-DR Implementation Act. 

Another commentator suggested that 

when CITA seeks to meet with 

interested entities during an extended 

review period, the meeting should 

include all sides of the issue and be 

open to the public. Should CITA 

convene a meeting between the 

requester and interested entities 

providing offers to supply, such 

meetings will be public and conducted 

in an open manner. 

A commentator explained that the 

procedures should state that CITA may 

determine to extend the 30-day deadline 

for an additional 14 days to obtain 

additional information. Section 8 of the 

Final Procedures explains that CITA is 

permitted to extend the 30 U.S. 

business-day deadline for an additional 

14 U.S. business days. This same 

section of the procedures clearly 

explains the purpose of the 14 U.S. 

business day extension. See also section 

203(o)(4)(c)(iv) of the CAFTA-DR 

Implementation Act. 

Another commentator asked that 

CITA add in section 8(c)(3)(i) of the 

Interim Procedures the phrase, ‘‘or not 

more than 44 U.S. business days where 

extension is provided...’’ CITA has 

adopted this suggestion in its Final 

Procedures. 

A commentator requested that CITA 

clarify that if CITA provides an 

extension for submitting responses with 

offers to supply, CITA’s determinations 

will still meet the statutory deadline. 

CITA has adopted this suggestion in its 

Final Procedures. 

One commentator asked that CITA 

acknowledge that in ‘‘emergency 

circumstances’’ CITA could make a 

decision prior to its 30 U.S. businessday deadline. CITA has not adopted this 

suggestion. CITA is required to make a 

determination ‘‘within’’ 30 U.S. 

business days of receipt of a commercial 

availability request, unless an extension 

is provided. See section 203(o)(4)(C)(iv) 

of the CAFTA-DR Implementation Act. 

Moreover, each proceeding must allow 

all interested entities sufficient time to 

respond with offers to supply and 

provide rebuttal comments in the course 

of the proceeding. 

Deemed Approval: One commentator 

objected to the provision regarding 

‘‘Deemed Approval,’’ noting that such 

requirements set a negative precedent 

for future procedures. CITA has not 

adopted this suggestion. Section 

203(o)(4)(D) of the CAFTA-DR 

Implementation Act provides expressly 

for the ‘‘Deemed Approval’’ procedure. 

Another commentator asked that the 

‘‘Deemed Approval’’ provision apply to 

all determinations in these proceedings, 

not only to commercial availability 

requests to add a given product to 

Annex 3.25. Section 203(o)(4)(D) of the 

CAFTA-DR Implementation Act 

provides that the ‘‘Deemed Approval’’

process only applies to commercial 

availability requests and not to requests 

to remove or restrict. 

Interested Entities: One commentator 

claimed that CITA inadvertently limited 

participation in commercial availability 

proceedings by using the term 

‘‘interested entities’’ to identify who 

may request to be included on the email 

notification list. The Final Procedures 

clarify that any interested party can be 

included on the mass email notification 

list. 

Another commentator asked that 

CITA clarify that trade associations are 

an ‘‘interested entity.’’ CITA has not 

adopted this suggestion. The term 

‘‘interested entity’’ is defined in section 

203(o)(4)(B)(i) of the CAFTA-DR 

Implementation Act, and this definition 

does not include trade associations. 

However, trade associations can 

participate in the process as an 

interested party. 

A commentator noted that the 

language of the procedures differs from 

the Agreement and the CAFTA-DR 

Implementation Act, using the standard 

for determining whether to add a 

product to the Annex 3.25 list as ‘‘are 

not available’’ instead of ‘‘are available’’

in the CAFTA-DR countries. The 

language of the procedures is consistent 

with both the Agreement and the 

CAFTA-DR Implementation Act. 

One commentator asked that CITA 

clarify that non-essential character 

components are eligible for 

determinations. The CAFTA-DR 

Implementation Act provides for 

determinations whether ‘‘fabrics, yarns, 

or fibers’’ are to be added to the list in 

Annex 3.25 of the Agreement. See 

section 203(o)(4)(A). Further, Section 

Notes 2, 3, and 4 to Section XI of Annex 

4.1 of the Agreement provides for how 

the list of fabrics, yarns, and fibers in 

Annex 3.25 is taken into account in 

applying the Agreement’s rules of 

origin. Nothing in the commercial 

availability process alters the rules of 

origin contained in the Agreement. 

Several commentators asked that 

CITA elaborate on several of the 

provisions included in the procedures, 

including ‘‘Deemed Approval,’’

approvals with restricted quantities, the 

contents of commercial availability 

requests, responses with offers to 

supply, and rebuttal comments. CITA 

has adopted this suggestion and will 

provide further explanations in a FAQ 

document to be made available on its 

website. 

Another commentator asked that 

CITA review its procedures after one 

year to determine if any modifications 

are necessary. The Final Procedures 

provide that the procedures may be 

modified at any time to address 

concerns that may arise. CITA notes that 

these are administrative procedures 

rather than regulations, and can be 

modified as needed. 

Final Procedures 

This notice also sets forth the final 

procedures the Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’) will follow in implementing 

certain provisions of the Dominican 

Republic-Central America-United States 

Free Trade Agreement Implementation 

Act (‘‘CAFTA-DR Implementation Act’’). 

Section 203(o)(4) of the CAFTA-DR 

Implementation Act establishes 

procedures for the President to modify 

the list of fabrics, yarns, or fibers not 

available in commercial quantities in a 

timely manner in the countries that are 

Parties to the CAFTA-DR, as set out in 

Annex 3.25 of the Agreement. The 

President has delegated to CITA the 

authority to determine whether a fabric, 

yarn, or fiber is not available in 

commercial quantities in a timely 

manner in CAFTA-DR countries and has 

directed CITA to establish procedures 

that govern the submission of a request 

and provide the opportunity for 

interested entities to submit comments 

and supporting evidence in any such 

determination pursuant to the CAFTADR Implementation Act. This notice 


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hereby gives notice to interested parties 

of the procedures CITA will follow in 

considering such requests. 

Background: 

The CAFTA-DR provides a list in 

Annex 3.25 of the Agreement for fabrics, 

yarns, and fibers that the Parties to the 

Agreement have determined are not 

available in commercial quantities in a 

timely manner from suppliers in the 

United States or other CAFTA-DR 

countries. A textile and apparel good 

containing fabrics, yarns, or fibers that 

is included in Annex 3.25 of the 

Agreement may be treated as if it is an 

originating good for purposes of the 

specific rules of origin in Annex 4.1 of 

the Agreement, regardless of the actual 

origin of those inputs, provided that all 

other fabrics, yarns, or fibers of the 

component that determines the 

classification of the good meet the 

specific rules of origin in Annex 4.1 of 

the Agreement. The CAFTA-DR 

Implementation Act provides that the 

President will establish procedures 

governing the submission of requests 

and may determine whether additional 

fabrics, yarns, or fibers are not available 

in commercial quantities in a timely 

manner in the United States or the other 

CAFTA-DR countries. In addition, the 

CAFTA-DR Implementation Act 

establishes that the President may 

remove a fabric, yarn, or fiber from the 

list, if it has been added to the list in 

an unrestricted quantity pursuant to 

section 203(o), if he determines that the 

fabric, yarn, or fiber has become 

available in commercial quantities in a 

timely manner. 

The SAA provides that the President 

will delegate to CITA his authority 

under section 203(o)(4) of the 

Agreement (‘‘Commercial Availability 

Provision’’), to establish procedures for 

modifying the list of fabrics, yarns, or 

fibers not available in commercial 

quantities in a timely manner for 

Agreement countries, as set out in 

Annex 3.25 of the Agreement. 

These procedures are not subject to 

the requirement to provide prior notice 

and opportunity for public comment, 

pursuant to 5 U.S.C. 553(b)(A) 

(Administrative Procedures Act). These 

procedures may be modified in the 

future to address concerns that may 

arise as CITA gains experience in 

implementing them. CITA possesses 

inherent authority to reconsider, and/or 

subsequently amend, commercial 

availability determinations that may 

have been procured by error, fraud, or 

similar faults. Should CITA undertake 

to review a determination under such 

circumstances, CITA will provide notice 

to the public, through the email and 

website notification processes described 

in the Final Procedures, and provide 

opportunity for interested entities to 

submit comments and information for 

CITA’s consideration. 

Procedures for Considering Requests 

1. Introduction 

The intent of the CAFTA-DR 

Commercial Availability Procedures is 

to foster the use of U.S. and CAFTA-DR 

products by implementing procedures 

that allow products to be placed on or 

removed from a product list, on a timely 

basis, and in a manner that is consistent 

with normal business practice. To this 

end, these procedures are intended to 

facilitate the transmission, on a timely 

basis, of order requests and offers to 

supply such requests; have the market 

indicate the availability of the supply of 

products that are the subject of requests; 

make available promptly, to interested 

entities and parties, information 

regarding the requests for products and 

offers to supply received; ensure wide 

participation by interested entities and 

parties; provide careful scrutiny of 

information provided to substantiate 

order requests and response to supply 

offers; and provide timely public 

dissemination of information used by 

CITA in making commercial availability 

determinations. 

2. Definitions 

(a) Commercial Availability Request. A 

‘‘Commercial Availability Request’’ is a 

submission from an interested entity 

requesting that CITA place a good on 

the list in Annex 3.25 because that fiber, 

yarn, or fabric is not available in 

commercial quantities in a timely 

manner from a supplier in the CAFTADR countries. 

(b) Interested Entity. An ‘‘interested 

entity’’ means a government that is a 

Party to the Agreement, other than the 

United States; a potential or actual 

purchaser of a textile or apparel good; 

or a potential or actual supplier of a 

textile or apparel good. CITA recognizes 

that a legal or other representative may 

act on behalf of an ‘interested entity.’

See section 203(o)(4)(B)(i) of the 

CAFTA-DR Implementation Act. 

(c) Interested Party. An ‘‘interested 

party’’ means any interested person that 

requests to be included on the email 

notification list for Commercial 

Availability proceedings. Any interested 

person may become an interested party 

by contacting CITA. See Office of 

Textile and Apparel, U.S. Department of 

Commerce, website for details at http:// 

web.ita.doc.gov/tacgi/CABroadcast.nsf/ 

Document?Openform or send an email 

to OTEXACAFTA@ita.doc.gov. 

(d) Official Receipt. The ‘‘official 

receipt’’ is CITA’s email confirmation 

that it has received both the email 

version and the original submission 

signed by the interested entity delivered 

via express courier. 

(e) Request. A ‘‘request’’ refers to the 

Commercial Availability Request. 

(f) Request to Remove or Restrict. A 

‘‘request to remove or restrict’’ is a 

submission from an interested entity, 

made no sooner than six months after a 

product has been added to the Annex 

3.25 list in an unrestricted quantity 

pursuant to Section 203(o) of the 

CAFTA-DR Implementation Act, 

requesting that CITA either remove a 

product or that a quantity restriction be 

introduced. 

(g) Requestor. The ‘‘requestor’’ refers to 

the interested entity that files a request, 

either a Commercial Availability 

Request or a Request to Remove or 

Restrict, under the CAFTA-DR 

Commercial Availability provision, for 

CITA’s consideration. 

(h) CAFTA-DR Supplier. A ‘‘CAFTA-DR 

supplier’’ is a potential or actual 

supplier of a textile or apparel good in 

the territory of any Party. 

(i) Response with an Offer. A ‘‘response 

with an offer’’ is a submission from an 

interested entity to CITA providing its 

objection to the request or asserting its 

ability to supply the subject product by 

providing an offer to supply the subject 

product described in the request. 

(j) Rebuttal Comment. A ‘‘rebuttal 

comment’’ is a submission from an 

interested entity providing information 

in response to evidence or arguments 

raised in a response with an offer 

submission. Rebuttal comments must be 

limited to evidence and arguments 

provided in a response with an offer 

submission. 

(k) Fiber, Yarn, or Fabric. The term 

‘‘fiber, yarn, or fabric’’ means a single 

product or a range of products, which 

meet the same specifications provided 

in a submission, and which may be only 

part of a Harmonized Tariff Schedule of 

the United States (‘‘HTSUS’’) provision. 

(l) U.S. Business Day. A ‘‘U.S. businessday’’ is any calendar day other than a 

Saturday, Sunday, or a legal holiday. 

See section 203(o)(4)(B)(i) of the 

CAFTA-DR Implementation Act. 

3. Submissions for Participation the 

CAFTA-DR Commercial Availability 

Proceeding. 

(a) Filing a Submission.All submissions 

for a CAFTA-DR Commercial 

Availability proceeding (e.g., 

Commercial Availability Request, 

Response with an Offer, Rebuttal 

Comments, and Request to Remove or 

Restrict) must be in English. If any 


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attachments are in a language other than 

English, then a translation must be 

provided. Each submission must be 

submitted to the U.S. Department of 

Commerce’s Office of Textiles and 

Apparel (‘‘OTEXA’’) in two forms, 

electronic mail and original signed 

submission. 

(1) An electronic mail (‘‘email’’) version 

of the submission must be either in 

PDF, Word, or Word-Perfect format 

and must contain an adequate 

public summary of any business 

confidential information and the 

due diligence certification, sent to 

OTEXAlCAFTA@ita.doc.gov. The 

‘‘email’’ version of the submission 

will be posted for public review on 

OTEXA’s CAFTA-DR Commercial 

Availability website at 

http:otexa.ita.doc.gov. No business 

proprietary information should be 

submitted in the ‘‘email’’ version of 

any document. 

(2) The original signed submission must 

be received via express courier to—

Chairman, Committee for the 

Implementation of Textile 

Agreements, Room H3100, U.S. 

Department of Commerce, 14th and 

Constitution Ave., N.W., 

Washington, DC 20230. Any 

business confidential information 

upon which an interested entity 

wishes to rely must be included in 

the original signed submission only. 

Except for the inclusion of business 

confidential information, the two 

versions of a submission should be 

identical. 

(3) Brackets must be placed around all 

business confidential information 

contained in submissions. 

Documents containing business 

confidential information must have 

a bolded heading stating 

‘‘Confidential Version.’’

Attachments considered business 

confidential information must have 

a heading stating ‘‘Business 

Confidential Information.’’

Documents, including those 

submitted via ‘‘email,’’ provided for 

public release, must have a bolded 

heading stating ‘‘Public Version’’

and all the business confidential 

information must be deleted and 

substituted with asterisks. 

(4) Generally, details, such as quantities 

and lead times for providing the 

subject product, can be treated as 

business confidential information. 

However, the names of suppliers 

who were contacted, what was 

asked generally about the capability 

to manufacture the subject product, 

and the responses thereto should be 

included in public versions, which 

will be made available to the 

public. 

(b) Due Diligence Certification. An 

interested entity must file a certification 

of due diligence as described in 

subsection (b)(1) with each submission, 

both email and original signed versions, 

containing factual information. If the 

interested entity has legal counsel or 

other representative, the legal counsel or 

other representative must file a 

certification of due diligence as 

described in subsection (b)(2) with each 

submission, both email and original 

signed versions, containing factual 

information. Accurate representations of 

material facts submitted to CITA for the 

CAFTA-DR Commercial Availability 

proceeding are vital to the integrity of 

this process and are necessary for 

CITA’s effective administration of the 

statutory scheme. Each submission 

containing factual information for 

CITA’s consideration must be 

accompanied by the appropriate 

certification regarding the accuracy of 

the factual information. Any submission 

that lacks the applicable certifications 

will be considered an incomplete 

submission that CITA will reject and 

return to the submitter. CITA may verify 

any factual information submitted by 

interested entities in a CAFTA-DR 

Commercial Availability proceeding. 

(1) For the person responsible for 

presentation of the factual 

information: I, (name and title), 

currently employed by (interested 

entity), certify that (1) I have read 

the attached submission, and (2) the 

information contained in this 

submission is, to the best of my 

knowledge, complete and accurate. 

(2) For the person’s legal counsel or 

other representative:I, (name), of 

(law or other firm), counsel or 

representative to (interested entity), 

certify that (1) I have read the 

attached submission, and (2) based 

on the information made available 

to me by (person), I have no reason 

to believe that this submission 

contains any material 

misrepresentation or omission of 

fact. 

(c) Official Receipt. A submission will 

be considered officially submitted to 

CITA only when both the email version 

and the original signed submission have 

been received by CITA. For request 

submissions, CITA will confirm to the 

requestor that both versions of the 

request submission were received 

through an email confirmation. CITA’s 

email confirmation shall be considered 

the ‘‘official receipt’’ of the request 

submission, and also begins the 

statutory 30 U.S. business-day process 

for CITA consideration of requests. 

CITA will confirm official receipt of 

response and rebuttal submissions by 

posting the response or rebuttal on the 

dedicated website at http:// 

web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf. 

4. Submitting a Request for 

Consideration in a Commercial 

Availability Proceeding. 

(a) Commercial Availability Request. An 

interested entity may submit a 

Commercial Availability request to 

CITA alleging that a fiber, yarn, or fabric 

is not available in commercial quantities 

in a timely manner from a producer in 

the CAFTA-DR countries. 

(b) Contents of a Commercial 

Availability Request. 

(1) Detailed Product Information. The 

Commercial Availability request 

must provide a detailed description 

of the product subject to the 

request, including, if applicable, 

fiber content, construction, yarn 

size, and finishing processes; and 

the classification of the product 

under the HTSUS. All 

measurements in the entire 

submission must be stated in metric 

units, or if the English count system 

is used in any part, then a 

conversion to metric units must be 

provided. 

(2) Quantity. The Commercial 

Availability request must provide 

the specific quantity of the product 

needed by the requestor, in 

standard units of quantity for 

production of the subject product in 

the CAFTA-DR countries. 

3) Due Diligence. The Commercial 

Availability request must provide a 

complete description of the due 

diligence undertaken by the 

requestor to determine the subject 

product’s availability in the 

CAFTA-DR countries. Due diligence 

for the requestor means it has made 

reasonable efforts to obtain the 

subject product from CAFTA-DR 

suppliers. The requestor must 

provide the names and addresses of 

suppliers contacted, who was 

specifically contacted, the exact 

request that was made, the dates of 

those contacts, whether a sample of 

the subject product was provided 

for review, and the exact response 

given for the supplier’s inability to 

supply the subject product under 

the same conditions as contained in 

the Commercial Availability request 

submitted to CITA, in addition to 

any other information the requestor 

believes is relevant. The requestor 

must submit copies or notes of 

relevant correspondence, both 

inquiries and responses, with these 


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suppliers. Relevant correspondence 

includes notes of telephone 

conversations. Specific details of 

correspondence with suppliers, 

such as quantities and lead times 

for providing the subject product, 

can be treated as business 

confidential information. However, 

the names of CAFTA-DR suppliers 

who were contacted, what was 

asked generally about the capability 

to manufacture the subject product, 

and the responses thereto should be 

available for public review to 

ensure proper public participation 

in the process. ‘‘Lead times’’ refers 

to supplying the subject product 

within normal business time frames 

for the subject product once an 

order is received. Specific delivery 

dates are not necessary. Required 

delivery dates that fall within the 

time needed to complete the 

Commercial Availability 

determination process are not 

acceptable. 

(4) Substitutable Products. The 

Commercial Availability request 

must provide information on 

whether the requester believes that 

other products supplied by the 

CAFTA-DR supplier are not 

substitutable in commercial 

quantities in a timely manner for 

the product(s) that is (are) the 

subject of the request for purposes 

of the intended use. Clearly 

describe the unique characteristics 

of the subject product that 

distinguishes it from other similar 

or potentially substitutable 

products. Describe why such 

characteristics are required for the 

purposes of the end-use of the 

product and cannot be substituted 

by another product available from a 

CAFTA-DR supplier. 

(5) Additional Information. The 

Commercial Availability request 

may provide any additional 

evidence or information believed to 

be relevant for CITA to determine 

whether a fiber, yarn, or fabric is 

not available in commercial 

quantities in a timely manner from 

a producer in the CAFTA-DR 

countries. 

5. Consideration and Acceptance of a 

Request. 

In considering whether to accept a 

request, CITA will consider and 

determine whether it provides all the 

required information specified in 

sections 3 and 4 of these procedures. 

CITA will determine whether to accept 

the request for consideration and 

investigation not later than two U.S. 

business days after the official receipt of 

a request. 

(a) Request Rejected. If CITA determines 

that the request does not contain the 

required information, the requestor will 

be notified promptly by email that the 

request has not been accepted and the 

reasons for the rejection. A request may 

be resubmitted with additional 

information for the subject product and 

CITA will reevaluate it as a new request. 

(b) Request Accepted. If CITA 

determines that the request contains the 

required information, CITA will notify 

interested parties by email that a request 

has been accepted and filed and will 

assign a File Number. CITA will post 

the accepted request on its website for 

public notice. The email notification 

and the website posting will indicate 

the calendar date deadlines for 

submitting offers to supply and 

submitting rebuttal responses. 

6. Submitting a Response with an Offer 

in a Commercial Availability 

Proceeding. 

Respondents must meet the 

requirements outlined in 3 of these 

procedures. General comments in 

support of or opposition to a 

commercial availability request do not 

meet the requirements of a Response 

with an Offer. A Due Diligence 

Certification must accompany a 

Response with an Offer. 

(a) Response With an Offer Submission. 

An interested entity may file a response 

submission to a request CITA accepted 

advising CITA of its objection to the 

request and its ability to supply the 

subject product by providing an offer to 

supply the subject product as described 

in the request. An interested entity will 

have 10 U.S. business days after official 

receipt of a request to respond to a 

request. If good cause is shown, CITA 

may extend this deadline, but CITA will 

still meet the statutory deadline for 

making a determination. 

(b) Contents of a Response with an Offer. 

(1) File Number. The Response with an 

Offer needs to reference the CITA 

File Number assigned to the 

particular Commercial Availability 

Request being addressed. 

(2) Quantity. The Response with an 

Offer must supply the quantity of 

the requested subject product that 

the CAFTA-DR supplier, is capable 

of currently supplying, in standard 

units of quantity. All measurements 

must be in metric units. If the 

English count system is used in any 

part, then a conversion to metric 

units must be provided. 

(3) Production Capability. The Response 

with an Offer must report the 

quantity, in metric units, that the 

CAFTA-DR supplier produced of 

the subject product, or a 

substitutable product, in the 

preceding 24-month period. 

(i) For products that have experienced 

cyclical demand or are not 

currently produced, the CAFTA-DR 

supplier should indicate the 

quantity that has been supplied or 

offered commercially in the past, 

with an explanation of the reasons 

it is not currently produced or 

offered. 

(ii) If the requestor has requested a 

new style, weight, or other variation 

that is new to the market or new to 

the respondent, then the CAFTADR supplier(s) should provide 

detailed information on its current 

ability to make the subject product. 

(iii) If the CAFTA-DR supplier(s) are 

making a new product that has not 

yet been offered to the market, but 

could meet the requirements of the 

subject product, then the CAFTADR supplier(s) need(s) to provide 

detailed information regarding the 

product and their ability to meet a 

request. 

(iv) Substitutable Products. The 

Response with an Offer may 

provide, if relevant, the basis for the 

responder’s belief that other 

products that are supplied by the 

CAFTA-DR supplier in commercial 

quantities in a timely manner are 

substitutable for the product(s) that 

are the subject of the request for 

purposes of the intended use. 

(4) Due Diligence. The Response with an 

Offer must provide a complete 

description of the due diligence 

undertaken by the CAFTA-DR 

supplier to substantiate the ability 

to supply the subject product. 

(i) In the case of new variations of a 

product, the CAFTA-DR supplier 

must substantiate the ability to 

manufacture the subject product. 

The CAFTA-DR supplier must 

provide sufficient detail of the 

manufacturing capabilities of the 

facility that will supply the subject 

product, in addition to any other 

information the supplier believes is 

relevant. 

(ii) If some operations, such as 

finishing, will be completed by 

other entities, the name of the 

facility and contact information 

must be provided. 

(5) Location of the CAFTA-DR supplier. 

The Response with an Offer must 

provide the name, address, phone 

number, and email address of a 

contact person at the facility 

claimed to be able to supply the 

subject product. 

7. Submitting Rebuttal Comments. 


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Rebuttal Comments must meet the 

requirements outlined in 3 of these 

procedures. General comments in 

support of or opposition to a Request or 

a Response with an Offer do not meet 

the requirements of a Rebuttal 

Comment. A Due Diligence Certification 

must accompany a Rebuttal Comment. 

(a) Rebuttal Comments. Any interested 

entity may submit a Rebuttal Comment 

to a Response with an Offer submission. 

An interested entity must submit its 

Rebuttal Comment not later than 4 U.S. 

business-days after the deadline for 

Response with an Offer submission. If 

good cause is shown, CITA may extend 

the time limit, but CITA will still meet 

the statutory deadline for making a 

determination. 

(b)Contents of a Rebuttal Comment. The 

Rebuttal Comment may respond only to 

evidence or arguments raised in the 

Response with an Offer submission and 

must identify the Response with an 

Offer submission, evidence and/or 

arguments to which it is responding. 

The Rebuttal Comment needs to 

reference the CITA File Number 

assigned to the particular Commercial 

Availability Request being addressed. 

8. Determination Process. 

(a) Not later than 30 U.S. business days 

after official receipt of a request (or not 

later than 44 U.S. business days where 

an extension is provided), CITA will 

notify interested entities by email and 

interested parties and the public by a 

posting on its website whether the 

subject product is available in 

commercial quantities in a timely 

manner in the CAFTA-DR countries and 

whether an interested entity has 

objected to the request. 

(b) CITA will notify the public of the 

determination by publication in the 

Federal Register when the 

determination results in a change to the 

Commercial Availability List in Annex 

3.25 of the Agreement. 

(c)Types of Determinations. 

(1) Denial. A denial means that CITA 

has determined that the subject 

product is available in commercial 

quantities in a timely manner in the 

CAFTA-DR countries. If a request is 

denied, notice of the denial will be 

posted on the CAFTA-DR 

Commercial Availability website at 

http://web.ita.doc.gov/tacgi/ 

CABroadcast.nsf/ 

Document?Openform. 

(2) Approval in Unrestricted Quantity. 

An approval in unrestricted 

quantities means that CITA has 

determined that the subject product 

is not available in commercial 

quantities in a timely manner in the 

CAFTA-DR countries or that no 

interested entity has objected to the 

request. 

(i) If a request is approved without 

restriction, a notice will be 

published in the U.S. Federal 

Register not later than 30 U.S. 

business days (or not more than 44 

U.S. business days where an 

extension is provided ) after the 

official receipt of a request, adding 

the subject product to the 

Commercial Availability List in 

Annex 3.25 of the Agreement. 

(ii) The effective date of the 

determination is the date of 

publication of the notice in the U.S. 

Federal Register. 

(3) Approval in a Restricted Quantity. 

(i) Approval in a Restricted Quantity. 

An Approval in a Restricted 

Quantity means that CITA has 

determined to add the subject 

product to the Commercial 

Availability List in Annex 3.25 of 

the Agreement with a specified 

restricted quantity. CITA may 

approve the request in a restricted 

quantity if CITA determines that a 

CAFTA-DR supplier(s) can partially 

fulfill the request for the subject 

product. The restricted quantity 

specifies the amount of the subject 

product that can be provided by a 

CAFTA-DR supplier(s). 

(A) If a request is approved in a 

restricted quantity, a notice will be 

published in the Federal Register 

not later than 30 U.S. business days 

(or not more the 44 U.S. business 

days where an extension is 

provided ) after official receipt of 

the request, adding the subject 

product to the Commercial 

Availability List in Annex 3.25 of 

the Agreement with a specified 

restricted quantity. The restricted 

quantity specifies the amount of the 

subject product that can be 

provided by a CAFTA-DR 

supplier(s). 

(B) The effective date of the 

determination will be the date of 

publication in the U.S. Federal 

Register. 

(ii) Elimination of a restricted 

quantity. Not later than six months 

after adding a product to the 

Commercial Availability List in 

Annex 3.25 of the Agreement in a 

restricted quantity, CITA may 

eliminate the restriction if it 

determines that the subject product 

is not available in commercial 

quantities in a timely manner in the 

CAFTA-DR countries. 

(A) The determination that the subject 

product is not available in 

commercial quantities in a timely 

manner will be based upon whether 

the restricted quantity has been 

provided by a CAFTA-DR 

supplier(s). CITA will solicit 

comments and information from the 

CAFTA-DR supplier(s) and the 

requester. 

(B) If the CAFTA-DR supplier(s) are 

still capable of providing the 

restricted quantity, the restriction 

will remain. 

(C) If the CAFTA-DR supplier(s) are 

unable to provide the restricted 

quantity, CITA will eliminate the 

restricted quantity. CITA will 

publish a notice in the U.S. Federal 

Register, and post on the website, 

that the restricted quantity is 

eliminated and the subject product 

is added to the Commercial 

Availability List in Annex 3.25 in 

an unrestricted quantity. The 

effective date of the determination 

will be the date of publication in 

the U.S. Federal Register. 

(4) Insufficient Information to 

Determine.CITA will extend its 

time period for consideration of the 

Commercial Availability Request by 

an additional 14 U.S. business days 

in the event that CITA determines, 

not later than 30 U.S. business days 

after official receipt of a 

Commercial Availability Request, 

that it has insufficient information 

to make a determination regarding 

the ability of a CAFTA-DR supplier 

to supply the subject products of 

the Commercial Availability 

Request based on the submitted 

information. CITA will normally 

determine that it does not have 

sufficient information to make a 

determination on a Commercial 

Availability Request when CITA 

finds there is inconsistency in 

material information contained in 

the Commercial Availability 

Request, one or more Offers to 

Supply the subject product, and/or 

the Rebuttal Comments. CITA will 

notify interested parties via email 

that it has extended the time period 

for CITA’s consideration by 14 U.S. 

business-days. CITA also will 

announce the extension on the 

website. 

(i) Process during Extension Period. 

During the extended time period, 

CITA will request that interested 

entities provide additional evidence 

to substantiate the information 

provided, and may initiate a 

meeting with interested entities. 

Should CITA elect to conduct a 

meeting, it will comply with 


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requirements to conduct 

proceedings in an open manner. 

Such evidence may include inter 

alia product samples, lab tests, 

detailed descriptions of product 

facilities, and comparisons of 

product performance in the 

intended end-use of the subject 

product. Any samples, if requested, 

of fibers, yarns, or fabrics, that are 

provided to CITA will be made 

available for public inspection at 

the Office of Textiles and Apparel, 

Room 3110, U.S. Department of 

Commerce, 14th St. and 

Constitution Ave., N.W., 

Washington, DC 20230. All written 

submissions must follow 

instructions described in section 3 

of these procedures. Samples 

should be identified with a cover 

sheet that describes the 

specifications of the sample and be 

identical to the specifications of the 

request. 

(ii) CITA also will consider evidence 

in support of claims that CAFTADR supplier(s) can supply a 

substantially similar product to that 

specified in the request. 

(iii) CITA will make a determination, 

not later than 44 U.S. business days 

after the official receipt of a 

Commercial Availability Request 

whether to Approve, Approve with 

Restriction, or Deny the 

Commercial Availability Request 

and will follow the notification 

process accordingly. 

(5) Deemed Approval. In the event that 

CITA does not make a 

determination in response to a 

Commercial Availability Request to 

add a product to Annex 3.25 of the 

Agreement within the statutory 

deadlines provided, not later than 

45 U.S. business-days after the 

official receipt of the commercial 

availability request or not later than 

60 U.S. business-days after the 

official receipt of the Commercial 

Availability Request that was 

determined to lack sufficient 

information pursuant to subsection 

(c)(4), the requested subject product 

shall be added to the Commercial 

Availability List in Annex 3.25 , in 

an unrestricted quantity, in 

accordance with the requirements 

of section 203(o)(4)(D) of the 

CAFTA-DR Implementation Act. 

CITA will notify the public of the 

Deemed Approval by publication in 

the U.S. Federal Register and 

posting on OTEXA’s website. 

9. Six Month Procedures: 

(a)Request to Remove or Restrict. No 

earlier than six months after a product 

has been added to the Commercial 

Availability List in Annex 3.25 in an 

unrestricted quantity pursuant to 

sections 203(o)(2) and (4) of the CAFTADR Implementation Act, an interested 

entity may submit a request to CITA 

requesting that a product be either 

removed or that a quantity restriction be 

introduced. 

(b) Content of a Request to Remove or 

Restrict. The Request to Remove or 

Restrict must provide the substantive 

information set forth in subsection 6(b) 

(Contents of a Response with an Offer) 

of these procedures. 

(c) Procedures. 

(1) In considering whether to accept a 

Request to Remove or Restrict, 

CITA will follow procedures set 

forth in section 5 (Consideration 

and Acceptance of a Request) of 

these procedures. 

(2) If CITA determines to accept the 

Request to Remove or Restrict, 

CITA and any responding interested 

entity shall follow applicable 

procedures and contents set forth in 

subsections 6(a) (Response 

Submission) and section 7 

(Submitting Rebuttal Evidence) of 

these procedures. 

(3) As set forth in subsections 8(a) and 

(b) (Determination Process) of these 

procedures, CITA will determine 

whether the subject product of the 

Request to Remove or Restrict is 

available in commercial quantities 

in a timely manner in the DRCAFTA countries not later than 30 

U.S. business days after the official 

receipt of the request. 

(i) If CITA determines that the product 

is available in commercial 

quantities in a timely manner in the 

DR-CAFTA countries, e.g., that a 

CAFTA-DR supplier is capable to 

supply the entire subject product 

requested originally, then that 

product will be removed from the 

Commercial Availability List in 

Annex 3.25 of the Agreement. 

(ii) If CITA determines that the 

product is available in restricted 

quantities in a timely manner in the 

CAFTA-DR countries, e.g., that a 

CAFTA-DR supplier is capable to 

supply part of the subject product 

requested originally then a 

restricted quantity will be 

introduced for that product. 

(iii) If the Commercial Availability 

List changes as a result of CITA’s 

determination for the Request to 

Remove or Restrict, CITA will 

notify interested parties by email of 

its determination and will publish a 

notice of its determination for the 

request to remove or restrict in the 

U.S. Federal Register. 

(A) For removal, the notice will state 

that 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 nonCAFTA-DR sources, effective for 

goods entered into the United States 

on or after six months (i.e., 180 

calendar days) after the date of 

publication of the notice. 

(B) For restriction, the notice will 

specify the restricted quantity for 

the subject product that is to be 

effective on or after six months (i.e., 

180 calendar days) after the 

publication date of the notice. 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E7–5102 Filed 3–20–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; Overview 

Information; Centers for Independent 

Living; Notice Inviting Applications for 

New Awards for Fiscal Year (FY) 2007 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.132A. 

Dates: Applications Available: March 

21, 2007. 

Deadline for Transmittal of 

Applications: April 20, 2007. 

Deadline for Intergovernmental 

Review: June 19, 2007. 

Eligible Applicants: To be eligible to 

apply, an applicant must—

(a) Be a consumer-controlled, 

community-based, cross-disability, 

nonresidential, private nonprofit 

agency; 

(b) Have the power and authority to—

(1) carry out the purpose of part C of 

title VII of the Rehabilitation Act of 

1973, as amended (the Act) and perform 

the functions listed in section 725(b) 

and (c) of the Act and subparts F and 

G of 34 CFR part 366 within a 

community located within a State or in 

a bordering State; and 

(2) Receive and administer—

(i) Funds under 34 CFR part 366; 

(ii) Funds and contributions from 

private or public sources that may be 

used in support of a center for 

independent living (center); and 

(iii) Funds from other public and 

private programs; 

(c) Be able to plan, conduct, 

administer, and evaluate a center 

consistent with the standards and 

assurances in section 725(b) and (c) of 

the Act and subparts F and G of 34 CFR 

part 366; 


jlentini on PROD1PC65 with NOTICES