[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54386-54387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22004]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination under the Textile and Apparel Commercial 
Availability Provision of the Dominican Republic-Central America-United 
States Free Trade Agreement (CAFTA-DR Agreement)

September 15, 2008.
AGENCY: The Committee for the Implementation of Textile Agreements

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

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EFFECTIVE DATE: September 19, 2008.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(CITA) has determined that certain three-yarn circular stretch knit 
fleece fabrics, as specified below, are not available in commercial 
quantities in a timely manner in the CAFTA-DR countries. The product 
will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in 
unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482 3651.
FOR FURTHER INFORMATION ON-LINE: http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf.Reference number: 82.2008.08.05.Fabric.ST&RforBadger 
Sportswear

SUPPLEMENTARY INFORMATION:

    Authority: Section 203(o)(4) of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act 
(CAFTA-DR Act); the Statement of Administrative Action (SAA), 
accompanying the CAFTA-DR Act; Presidential Proclamations 7987 
(February 28, 2006) and 7996 (March 31, 2006).

BACKGROUND:

    The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, 
yarns, and fibers that the Parties to the CAFTA-DR Agreement have 
determined are not available in commercial quantities in a timely 
manner in the territory of any Party. The CAFTA-DR Agreement provides 
that this list may be modified pursuant to Article 3.25(4)-(5), when 
the President of the United States determines that a fabric, yarn, or 
fiber is not available in commercial quantities in a timely manner in 
the territory of any Party. See Annex 3.25, 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

[[Page 54387]]

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 5, 2008, the Chairman of CITA received a Request for a 
commercial availability determination (``Request``) under the CAFTA-DR 
from Sandler, Travis & Rosenberg, P.A., on behalf of Badger Sportswear 
Inc., for certain three-yarn circular stretch knit fleece fabrics. On 
August 7, 2008, in accordance with CITA's procedures, CITA notified 
interested parties of the Request and posted the Request on the 
dedicated website for CAFTA-DR Commercial Availability. In its 
notification, CITA advised that any Response with an Offer to Supply 
(``Response'') must be submitted by August 19, 2008, and any Rebuttal 
be submitted by August 25, 2008. On August 19, 2008, CITA advised 
interested parties that it would extend its deadlines, such that 
Responses would be due by August 20, 2008, and that Rebuttals would be 
due by August 26, 2008.
    CITA received a Response from Elasticos Centroamericanos y Textiles 
(``Elcatex``) objecting to the Request and offering to supply a 
substitute for the subject product. Badger submitted a Rebuttal to 
Elcatex's Response, arguing that Elcatex had failed to demonstrate that 
its proposed fabric was an acceptable substitute for the subject 
product. Because there was insufficient information on the record of 
the proceeding to make a determination whether the fabric proposed by 
Elcatex was an acceptable substitute, on August 28, 2008, the Chairman 
of CITA issued supplemental questions to both Elcatex and Badger 
regarding the proposed fabric. Submissions from Elcatex and Badger were 
received on September 2, 2008.
    Section 203(o)(4)(C)(ii) of the CAFTA-DR Act provides that after 
receiving a Request, a determination will be made as to whether the 
subject product is available in commercial quantities in a timely 
manner in the CAFTA-DR countries. In the instant case, the information 
on the record clearly indicates that Badger made significant efforts to 
source the fabric in the CAFTA-DR countries, including from Elcatex, 
and that Elcatex has not demonstrated that it can supply either the 
specified fabric or an acceptable substitute. Therefore, in accordance 
with section 203(o) of the CAFTA-DR Act, and CITA's procedures, as CITA 
has determined that the subject product is not available in commercial 
quantities in a timely manner, CITA has determined to add the specified 
fabrics to the list in Annex 3.25 of the CAFTA-DR Agreement.
    CITA notes that in accordance with section 203(o)(4) of the CAFTA-
DR Act, Article 3.25 of the CAFTA-DR Agreement, and section 9 of its 
procedures, six months after CITA's determination that a product is not 
commercially available in the CAFTA-DR countries, a CAFTA-DR supplier 
may submit a Request to Remove or Restrict a specific fabric that had 
been added to the Commercial Availability List in Annex 3.25. The 
supplier may request that the product be removed, but must provide the 
same substantive information as required of Responses, as provided in 
section 6 of CITA's procedures. Should CITA determine that the product 
is available in commercial quantities in a timely manner in the CAFTA-
DR countries, e.g. that a CAFTA-DR supplier has demonstrated that it is 
capable to supply the subject product, that product will be removed 
from the Commercial Availability List in Annex 3.25.
    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 website for CAFTA-DR Commercial Availability.

 
 
 
Specifications:
 
Three-Yarn Circular Stretch Knit Fleece
 
HTS: 6001.21.00
Description: Three yarn circular knit stretch fleece fabric, 20 gauge
 
 
Face Yarn:
Fiber Content:
  60% ring spun cotton/40% polyester
Average Yarn Number:
  Metric - 51/1
  English - 30/1
 
 
Tie Yarn:
Fiber Content:
  60% ring spun cotton/40% polyester
Average Yarn Number:
  Metric - 51/1
  English - 30/1
 
 
Nap (Fleece) Yarn:
Fiber Content:
  52% ring spun cotton/48% polyester
Average Yarn Number:
  Metric - 17/1
  English - 10/1
 
 
  NOTE: Yarn sizes relate to size prior to texturizing.
 
 
Weight:
  Metric - 305-330 grams per sq. m.
  English - 9.0-9.8 oz. per sq. yd.
Width: Slit open and finished to:
  Metric - 156-163 cm
  English - 62-64 inches
Finish: Bleached and/or piece dyed. Napped on technical back.
 
 
NOTE: All physical parameters may vary by plus/minus 5%. Fiber content
 may vary byplus/minus 3%.
 
 
Performance Characteristics:
Shrinkage: 6% maximum shrinkage (length and width); 1% positive
 shrinkage (AATCC No. 135).
Torque/Spirality: Maximum 5 degrees left or right (protractor method).
Stretch: Minimum 20% stretch in length, 30% in width.
Pilling: Grade 4 or better on technical face (ASTM D3512 Random Tumble
 Method)
Color Fastness to laundering: Grade 4 or better on polyester and cotton
 portions ofmultifiber strip (AATCC 61 Test No. 2A)
Color Fastness to wear: Grade 4 or better (AATCC 107)
Color Fastness to heat: Grade 4 or better on white polyester fabric
 (AATCC 117 Test Temperature II)
Color Fastness to crocking: Grade 4 or better dry; Grade 3 or better wet
 technical face side (AATCC 8)
Flammability: Class 1
 
 
  Appearance: No obvious wale pattern (must be smooth); soft finish
 


R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E8-22004 Filed 9-18-08; 8:45 am]
BILLING CODE 3510-DS