53200 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 

fabric, yarn, or fiber is not available in 

commercial quantities in a timely 

manner in the territory of any Party. See 

Annex 3.25, Note; see also section 

203(o)(4)(C) of the CAFTA–DR Act. 

The CAFTA–DR 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 Act for 

modifying the Annex 3.25 list. On 

March 21, 2007, CITA published final 

procedures it would follow in 

considering requests to modify the 

Annex 3.25 list (72 FR 13256) 

(‘‘procedures’’). 

On August 8, 2008, the Chairman of 

CITA received a Request for a 

commercial availability determination 

(‘‘Request’’) under the CAFTA–DR from 

Sorini Samet & Associates, LLC, on 

behalf of Hansoll Textile Ltd., for 

certain raschel knit open work crepe 

fabrics. On August 12, 2008, in 

accordance with CITA’s procedures, 

CITA notified interested parties of the 

Request and posted the Request on the 

dedicated Web site for CAFTA–DR 

Commercial Availability. In its 

notification, CITA advised that any 

Response with an Offer to Supply 

(‘‘Response’’) must be submitted by 

August 22, 2008, and any Rebuttal be 

submitted by August 28, 2008. No 

interested entity submitted a Response 

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 Act, and 

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 fabric 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. 

Specifications: Raschel Knit Open Work 

Crepe 

HTS: 6005.22.00; 6005.24.00 

Fiber Content: 75% cotton, 22% nylon, 

wrapped around 3% spandex. 

Yarn Size: 

Cotton: 

English: 17.2/s–18.9/2 

Metric: 28.50/2–31.5/2 

Nylon: 

English: 38–42 denier/10 filament 

Metric: 213.75–236.25 metric/10 filament 

Spandex: 

English: 199.50–220.50 denier 

Metric: 40.85–45.15 metric 

Machine Gauge: 18 

Number of Bars: 18 

Weight: 

English: 0.45 to 0.50 linear yds/lb. 

Metric: 0.155–.171 kg/sq.m. 

Width: 

English: Not less than 54 to 58 inches, 

cuttable 

Metric: 137.2 to 147.3 cm, cuttable 

Finish: piece dyed or printed 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E8–21480 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Modifications to Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’). 

ACTION: Modifications to the CAFTA–DR 

Commercial Availability Final 

Procedures; Notice of Modified 

Procedures. 

SUMMARY: This notice presents the 

modifications to CITA’s Final 

Procedures under the CAFTA–DR 

Commercial Availability Provisions. 

DATES: Effective Date: September 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

SUPPLEMENTARY INFORMATION: 

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

CAFTA–DR Implementation Act; the 

Statement of Administrative Action (‘‘SAA’’), 

accompanying the CAFTA–DR, at 16–20. 

Background 

Annex 3.25 of the Dominican 

Republic-Central America-United States 

Free Trade Agreement (‘‘Agreement’’) 

provides a list of 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, known as the 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. 

The CAFTA–DR Commercial 

Availability Final Procedures 

(‘‘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 procedures, and provide 

opportunity for interested entities to 

submit comments and information for 

CITA’s consideration. 

CITA’s Request for Public Comment on 

the Due Diligence Requirement Under 

the CAFTA–DR Commercial 

Availability Procedures 

On December 3, 2007, CITA issued a 

Federal Register notice requesting 

public comment and proposals on the 

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operation of the due diligence 

requirement under CITA’s procedures 

implementing the CAFTA–DR 

Commercial Availability Provision. See 

Request for Public Comment on the Due 

Diligence Requirement Under the 

Commercial Availability Procedures of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement (CAFTA–DR), 72 Fed. Reg. 

67916 (December 3, 2007). In its notice, 

CITA explained that, based on its 

experience in implementing those 

procedures, it was concerned that due 

diligence efforts have fallen short of 

those expected when the procedures 

were drafted; that product descriptions 

may not meet recognized standards; that 

potential suppliers may not be 

adequately substantiating their claims 

that they are to be able to supply 

requested products; and that CITA is not 

receiving complete information from 

interested entities regarding meaningful 

contact between requesters and 

potential suppliers necessary for CITA 

to make informed determinations. CITA 

requested comment on several areas 

involved in the commercial availability 

process, including: communications 

between requesters and potential 

suppliers; identification of potential 

suppliers; content of communications 

between requesters and potential 

suppliers; substitutability of products; 

commercial availability of a production 

input vs. downstream product; and 

potential suppliers’ responses to 

requester’s inquiry. As a result of its 

review and consideration of submitted 

comments and proposals, CITA has 

modified its existing procedures. 

Modified Final Procedures 

1. Introduction 

The intent of the 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 

(‘‘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 

CAFTA–DR 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 through the U.S. 

Department of Commerce’s Office of 

Textile and Apparel CAFTA–DR 

Commercial Availability Web site or by 

sending an e-mail to 

OTEXA_CAFTA@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 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 to Supply. 

A ‘‘Response with an Offer to Supply’’ 

(‘‘Response’’) is a submission from an 

interested entity to CITA providing its 

objection to the Request and 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’’ (‘‘Rebuttal’’) is a submission 

from an interested entity providing 

information in response to evidence or 

arguments raised in a Response. A 

Rebuttal must be limited to evidence 

and arguments provided in a Response. 

(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. 

business-day’’ 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 in the 

CAFTA–DR Commercial Availability 

Proceeding 

(a) Filing a Submission. All 

submissions for a CAFTA–DR 

Commercial Availability proceeding 

(e.g., Request, Response, Rebuttal, and 

Request to Remove or Restrict) must be 

in English. If any 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 an 

original signed submission. 

(1) An electronic mail (‘‘e-mail’’) 

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 

OTEXA_CAFTA@ita.doc.gov. The 

e-mail version of the submission will be 

posted for public review on OTEXA’s 

CAFTA–DR Commercial Availability 

Web site. No business proprietary 

information should be submitted in the 

e-mail 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., 

NW., 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. 

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(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 ‘‘e-mail,’’ 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 CAFTA–DR 

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 e-mail 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 e-mail 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 e-mail version 

and the original signed submission have 

been received by CITA. For Requests, 

CITA will confirm to the requestor that 

both versions of the Request were 

received through an e-mail 

confirmation. CITA’s e-mail 

confirmation shall be considered the 

‘‘official receipt’’ of the Request, and 

also begins the statutory 30 U.S. 

business-day process for CITA 

consideration of Requests. CITA will 

confirm official receipt of any Response 

and Rebuttal by posting the submissions 

on the dedicated Web site. 

4. Submitting a Request for 

Consideration in a Commercial 

Availability Proceeding 

(a) Commercial Availability Request. 

An interested entity may submit a 

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 

Request must provide a detailed 

description of the subject product, 

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. If the 

English count system is used in any 

part, then a conversion to metric units 

must be provided. The description must 

include reasonable product 

specifications, including, if applicable, 

fiber content, construction, yarn size, 

and finishing processes, as well as 

timelines and quantities. Reasonable 

product specifications include the use 

of accepted terminology and standards, 

such as those used by ASTM 

(‘‘American Society for Testing and 

Materials’’) or AATCC (‘‘American 

Association of Textile Chemists and 

Colorists’’). 

If any aspect of the Request is outside 

the normal course of business (e.g., tight 

deadline, higher standards of 

performance, requirements to match 

existing specifications), requestors must 

provide CAFTA–DR suppliers with 

detailed explanations and measurable 

criteria for the specification or term at 

issue. In the course of its review of the 

Request, CITA will consider record 

evidence to determine whether such 

specifications and terms are reasonable. 

The requestor must clearly describe 

the unique characteristics of the subject 

product that distinguishes it from other 

similar or potentially substitutable 

products. In addition, the requestor 

must also explain why such 

characteristics are required for the 

purposes of the end-use of the product 

and cannot be substituted by another 

product. However, all characteristics 

and specifications must be supported by 

measurable criteria. 

(2) Quantity. The 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 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. 

(i) Generally: The requestor must 

provide the names and addresses of 

suppliers contacted, who (by name and 

position) 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 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 suppliers. 

Relevant correspondence includes notes 

of telephone conversations. 

(ii) Identification of CAFTA–DR 

suppliers: Requestors must make 

reasonable efforts to identify CAFTA– 

DR suppliers in the CAFTA–DR 

countries. Requestors should identify 

CAFTA–DR suppliers through a number 

of means, including the requestor’s 

knowledge of the industry, industry 

directories, and industry association 

memberships. However, an email from a 

requestor with a general inquiry to all 

manufacturers in the CAFTA–DR 

countries may not constitute due 

diligence. Rather, reasonable efforts 

must be taken to identify CAFTA–DR 

suppliers who are generally known to 

produce the class or type of product at 

issue. Requestors must provide an 

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explanation in their Request as to why 

their efforts to identify CAFTA–DR 

suppliers were reasonable given the 

product at issue. 

(iii) Use of Third Parties and 

Business-to-Business Contact: Due 

diligence includes substantive and 

direct contact, indicating a legitimate 

intent to do business, between 

requestors and CAFTA–DR suppliers. 

Third party communications are no 

substitutes for meaningful dialogue 

between appropriate officials. Once 

interest is expressed between requestors 

and CAFTA–DR suppliers, subsequent 

communications should be conducted 

by appropriate officials of the requestor 

and CAFTA–DR supplier based on 

normal business practice. A lack of 

appropriate business-to-business contact 

may be deemed as insufficient due 

diligence. 

(iv) Description of the Subject 

Product: In undertaking due diligence, 

requestors must provide a detailed 

description of the product to CAFTA– 

DR suppliers. The description must 

include reasonable product 

specifications, including, if applicable, 

fiber content, construction, yarn size, 

and finishing processes, as well as 

timelines and quantities. Reasonable 

product specifications include the use 

of accepted terminology and standards, 

such as those used by ASTM or AATCC. 

If any aspect of the Request is outside 

the normal course of business (e.g., tight 

deadline, higher standards of 

performance, requirements to match 

existing specifications), requestors must 

provide CAFTA–DR suppliers with 

detailed explanations and measurable 

criteria for the specification or term at 

issue that would render such aspects as 

reasonable for the product in question. 

CITA will consider record evidence to 

determine whether such specifications 

and terms are reasonable. 

(v) Provision of Samples: In 

undertaking its due diligence, a 

requestor must clearly communicate to 

CAFTA–DR suppliers its standard 

business practice with respect to the 

provision of samples. While requestors 

may request a sample, a CAFTA–DR 

supplier is not required to provide a 

sample under CITA’s procedures. 

However, CITA notes that CAFTA–DR 

suppliers must meet certain 

requirements with respect to the 

provision of samples and/or information 

demonstrating their ability to supply the 

subject product in commercial 

quantities in a timely manner. See 

Section 6(b)(3) and Section 6(b)(4). 

(vi) Substitutability of Products: In 

undertaking its due diligence, a 

requestor must clearly communicate 

information regarding the 

substitutability of the product in 

question to CAFTA–DR suppliers. In its 

inquiries to CAFTA–DR suppliers, the 

requestor must clearly describe the 

unique characteristics of the subject 

product that distinguishes it from other 

similar or potentially substitutable 

products. In addition, the requestor 

must provide CAFTA–DR suppliers 

with information why such 

characteristics are required for the 

purposes of the end-use of the product 

and cannot be substituted by another 

product. However, all characteristics 

and specifications must be supported by 

measurable criteria. If, in the course of 

due diligence, a CAFTA–DR supplier 

proposes a substitutable product, the 

requestor must provide reasonable 

justifications to the CAFTA–DR supplier 

for rejecting potentially substitutable 

products. 

(vii) Treatment of Business 

Confidential Information: 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 

Request must provide information on 

whether the requestor 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 

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. 

(1) Requests for Downstream Products 

with Inputs Not Commercially 

Available. If, in its initial review of a 

Request, CITA determines that a subject 

product would be commercially 

available but for the commercial 

unavailability of a certain input of the 

subject product, CITA will reject the 

Request. The requestor may submit a 

Request for the input in question rather 

than the downstream product. 

(2) Requests for Products with 

Prohibited Inputs, Specifications, and/ 

or Processes. If, in its initial review of 

a Request, CITA determines that the 

subject product requires inputs, 

specifications, and/or processes that are 

prohibited under the laws and 

regulations of the United States, CITA 

will reject the Request if there is a 

substitute product that does not require 

such prohibited inputs, specifications, 

or processes. 

(b) Request Accepted. If CITA 

determines that the Request contains the 

required information, CITA will notify 

interested parties by e-mail 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 Responses and Rebuttals. 

6. Submitting a Response With an Offer 

To Supply 

Respondents must meet the 

requirements outlined in Section 3 of 

these procedures. General comments in 

support of or opposition to a Request do 

not meet the requirements of a 

Response. A Due Diligence Certification 

must accompany a Response. 

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53204 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 

(a) Response With an Offer to Supply 

Submission. An interested entity (a 

CAFTA–DR supplier) may file a 

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 to Supply. 

(1) File Number. The Response must 

reference the CITA File Number 

assigned to the particular Request being 

addressed. 

(2) Quantity. The Response must 

supply the quantity of the subject 

product that the respondent 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/ 

Demonstration of Ability to Supply. A 

Response must contain information 

supporting the claim to supply the 

subject product, or one substitutable, in 

commercial quantities in a timely 

manner. 

(i) The Response 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. 

(ii) For products that have 

experienced cyclical demand or are not 

currently produced, the CAFTA–DR 

supplier must 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. 

(iii) If the subject product involves a 

new style, weight, or other variation that 

is new to the market or new to the 

CAFTA–DR supplier, then the supplier 

must provide detailed information on its 

current ability to make the subject 

product in commercial quantities in a 

timely manner. Such information could 

include current production capacity, 

current loom availability, and standard 

timetables to produce. 

(iv) A CAFTA–DR supplier may 

support its claim to be able to produce 

the subject product through provision of 

a sample meeting exactly the 

specifications as presented in the 

Request. However, the provision of a 

sample is not required. Regardless of 

whether a sample is provided, a 

respondent must demonstrate its ability 

to produce the subject product by 

providing sufficient relevant 

information regarding their production 

capability. Such information could 

include past production of similar 

products and/or descriptions of 

equipment and identification of 

suppliers necessary to produce the 

subject product. If some operations, 

such as finishing, will be completed by 

other entities, the name of the facility 

and contact information must be 

provided. 

(v) The Response may provide, if 

relevant, the basis for the CAFTA–DR 

supplier’s rationale that other products 

that are supplied by the CAFTA–DR 

supplier in commercial quantities in a 

timely manner are substitutable for the 

subject product(s) for purposes of the 

intended use, supported by measurable 

criteria. 

(vi) In its review of a Response, CITA 

will consider whether the CAFTA–DR 

supplier was responsive to the efforts 

employed by the requestor to obtain the 

subject product in the course of due 

diligence. In the event that a CAFTA– 

DR supplier was not responsive, a 

CAFTA–DR supplier must provide a 

reasonable explanation in its Response 

as to why it did not respond to earlier 

inquiries by the requestor in the course 

of due diligence. CITA will reject a 

Response if it does not include such 

explanation. 

(4) Due Diligence. The Response must 

provide a complete description of the 

due diligence undertaken by the 

CAFTA–DR supplier to substantiate the 

ability to supply the subject product. If 

a CAFTA–DR supplier has participated 

in the requestor’s undertaking of due 

diligence, the supplier must provide 

certain information in response to the 

requestor’s inquiries. 

(i) If a CAFTA–DR supplier has been 

responsive to a requestor in the 

undertaking of due diligence, the 

CAFTA–DR supplier must have stated 

its ability to supply or not supply the 

subject product. If the product can be 

supplied, the response to the inquiry 

must contain information supporting 

the CAFTA–DR supplier’s claim to 

supply the subject product, or one 

substitutable, in commercial quantities 

in a timely manner. 

(ii) If a CAFTA–DR supplier offers to 

supply the subject product, the supplier 

may support its offer by reporting the 

quantity, in metric units, that it has 

produced of the subject product, or a 

substitutable product, in the preceding 

24-month period. If the CAFTA–DR 

supplier does not provide such 

information, it must, subject to section 

6(b)(4)(vii), explain why the information 

it has provided sufficiently supports its 

offer to supply. 

(iii) In response to a requestor’s 

inquiry, for products that have 

experienced cyclical demand or are not 

currently produced, the CAFTA–DR 

supplier must provide the requestor 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. 

(iv) If the subject product involves a 

new style, weight, or other variation that 

is new to the market or new to the 

CAFTA–DR supplier, then the supplier 

must provide detailed information on its 

current ability to make the subject 

product in commercial quantities in a 

timely manner. Such information could 

include current production capacity, 

current loom availability, and standard 

timetables to produce the subject 

product. 

(v) A CAFTA–DR supplier may 

support its claim to be able to produce 

the subject product through provision of 

a sample meeting the specifications as 

presented in an inquiry. However, the 

provision of a sample is not required. 

Regardless of whether a sample is 

provided, the CAFTA–DR supplier must 

demonstrate its ability to produce the 

subject product by providing sufficient 

relevant information regarding their 

production capability. Such information 

could include past production of similar 

products and/or descriptions of 

equipment and identification of 

suppliers necessary to produce the 

subject product. If some operations, 

such as finishing, will be completed by 

other entities, the name of the facility 

and contact information must be 

provided. 

(vi) A response to a requestor’s 

inquiry must provide, as applicable, the 

basis for the CAFTA–DR supplier’s 

rationale that other products that are 

supplied by the CAFTA–DR supplier in 

commercial quantities in a timely 

manner are substitutable for the subject 

product for purposes of the intended 

use, supported by measurable criteria. 

(vii) Nothing in these procedures shall 

require any CAFTA–DR supplier to 

provide business confidential or other 

commercially sensitive information to a 

requestor. However, a CAFTA–DR 

supplier must provide the requestor a 

reasonable explanation why such 

information was not provided and why 

the information it has provided 

sufficiently supports its offer to supply. 

(5) Location of the CAFTA–DR 

supplier. The Response must provide 

the name, address, phone number, and 

e-mail address of a contact person at the 

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facility claimed to be able to supply the 

subject product. 

7. Submitting a Rebuttal Comment 

A Rebuttal must meet the 

requirements outlined in Section 3 of 

these procedures. General comments in 

support of or opposition to a Request or 

a Response do not meet the 

requirements of a Rebuttal. A Due 

Diligence Certification must accompany 

a Rebuttal. 

(a) Rebuttal Comment. Any interested 

entity may submit a Rebuttal to a 

Response. An interested entity must 

submit its Rebuttal not later than 4 U.S. 

business days after the deadline for 

Response. 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. The 

Rebuttal Comment may respond only to 

evidence or arguments raised in the 

Response and must identify the 

Response, evidence and/or arguments to 

which it is responding. The Rebuttal 

must reference the CITA File Number 

assigned to the particular 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 e-mail 

and interested parties and the public by 

a posting on its Web site 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 

Web site. 

(i) Denial of Requests for Downstream 

Products with Inputs Not Commercially 

Available: If, during the course of its 

review of a Request, CITA determines 

that the subject product is commercially 

available but for the commercial 

unavailability of a certain input of the 

subject product, CITA will deny the 

Request. The requestor may submit a 

Request for the input in question rather 

than the downstream product. 

(3) Denial of Requests for Products 

with Prohibited Inputs, Specifications, 

and/or Processes: If, during the course 

of its review of a Request, CITA 

determines that the subject product 

requires inputs, specifications, and/or 

processes that are prohibited under the 

laws and regulations of the United 

States, CITA will deny the Request if 

there is a substitute product that does 

not require such prohibited inputs, 

specifications, or processes. 

(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. 

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. 

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 

requestor. 

(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 Web site, 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 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 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 Request based on 

the submitted information. CITA will 

normally determine that it does not 

have sufficient information to make a 

determination on a Request when CITA 

finds there is inconsistency in material 

information contained in the Request, 

one or more Responses, and/or the 

Rebuttal(s). CITA will notify interested 

parties via e-mail 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 Web site. 

(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 

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 

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53206 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 

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., NW., 

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 CAFTA–DR 

supplier(s) can supply a substantially 

similar product to that specified in the 

Request. 

(ii) CITA will make a determination, 

not later than 44 U.S. business days 

after the official receipt of a Request 

whether to approve, approve with 

restriction, or deny the 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 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 Request or not later than 

60 U.S. business-days after the official 

receipt of the 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 Web site. 

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 

CAFTA–DR 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 to 

Supply) 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 subsection 6(a) 

(Response with an Offer to Supply) and 

Section 7 (Submitting a Rebuttal 

Comment) 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 CAFTA–DR 

countries not later than 30 U.S. business 

days after the official receipt of the 

Request to Remove or Restrict. 

(i) If CITA determines that the 

product is available in commercial 

quantities in a timely manner in the 

CAFTA–DR 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 e-mail 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 of 

determination 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 

non-CAFTA–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 of 

determination 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. E8–21478 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–DS–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Sunshine Act Notice 

The Board of Directors of the 

Corporation for National and 

Community Service gives notice of the 

following meeting: 

DATE AND TIME: Tuesday, September 16, 

2008, 4 p.m.–5:30 p.m. 

PLACE: Corporation for National and 

Community Service; 8th Floor; 1201 

New York Avenue, NW., Washington, 

DC 20525. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: 

I. Chair’s Opening Comments and 

Swearing in of New Members. 

II. Consideration of Prior Meeting’s 

Minutes. 

III. CEO Report. 

IV. Committee Reports: Management 

and Governance Committee Report 

and Consideration of Revisions to 

the Corporation’s Strategic Plan 

Targets; Program and Evaluation 

Committee Report; and Strategic 

Partnerships Committee Report. 

V. Honoring Departing Board Members. 

VI. Public Comment. 

ACCOMMODATIONS: Anyone who needs 

an interpreter or other accommodation 

should notify the Corporation’s contact 

person by 5 p.m. Monday, September 

15, 2008. 

CONTACT PERSON FOR MORE INFORMATION: 

Lisa Guccione, Senior Policy Advisor, 

Office of the CEO, Corporation for 

National and Community Service, 10th 

Floor, Room 10207, 1201 New York 

Avenue, NW., Washington, DC 20525. 

Phone (202) 606–6637. Fax (202) 606– 

3460. TDD: (202) 606–3472. E-mail: 

lguccione@cns.gov. 

Dated: September 9, 2008. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. E8–21633 Filed 9–11–08; 4:15 pm] 

BILLING CODE 6050–$$–P 

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