[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63166-63167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21950]
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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)
November 2, 2007.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Determination to add a product in unrestricted quantities to
Annex 3.25 of the CAFTA-DR Agreement.
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EFFECTIVE DATE: November 8, 2007.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain three-thread circular knit fleece
fabrics, as specified below, are not available in commercial quantities
in a timely manner in the CAFTA-DR region. The product will be added to
the list in Annex 3.25 of the CAFTA-DR in unrestricted quantities.
FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles
and Apparel, U.S. Department of Commerce, (202) 482-2582.
FOR FURTHER INFORMATION ON-LINE: http://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference number: 36.2007.09.20.Fabric.Alston&Birdfor
PerryManufacturing
SUPPLEMENTARYINFORMATION:
[[Page 63167]]
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. Articles that otherwise meet the
rule of origin to qualify for preferential treatment are not
disqualified because they contain one of the products on the Annex 3.25
list.
The CAFTA-DR Agreement provides that the list in Annex 3.25 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 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 an 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).
On September 20, 2007, the Chairman of CITA received a request from
Alston & Bird, LLP on behalf of Perry Manufacturing Company for certain
three-thread circular knit fleece fabrics, of the specifications
detailed below. On September 24, 2007, CITA notified interested parties
of, and posted on its website, the accepted request and asked that
interested entities provide, by October 4, 2007, a response advising of
its objection to the request or its ability to supply the subject
product, and rebuttals to responses by October 11, 2007.
On October 1, 2007, Texpasa, S.A. (``Texpasa'') advised CITA of its
objection to the request, explaining its ability to supply the fabrics
listed in the request. On October 3, 2007, Elasticos Centro Americanos
y Textiles (``Elcatex'') advised CITA of its objection to the request
by submitting a response with an offer to supply certain fabrics.
In its rebuttal submitted on October 10, 2007, Perry asserted that
neither Texpasa's nor Elcatex'responses were sufficient. In the case of
Texpasa, Perry claimed that it was concerned that Tepasa cannot supply
the required quantity of fabric. With respect to Elcatex, Perry stated
that the fabric Elcatex offered to supply did not meet Perry's
specifications. As a result, Perry asserted that Elcatex could not
supply the fabrics in question.
On October 15, 2007, in accordance with Section 203(o)(4)(C)(iv) of
the CAFTA-DR Implementation Act and section 8(c)(4) of CITA's
procedures, because there was insufficient information to make a
determination after 30 days, CITA extended the period for making a
determination by 14 U.S. business days.
On October 23 and 24, 2007, respectively, Texpasa and Elcatex
advised CITA that they were withdrawing their responses to Perry's
request.
In accordance with Section 203(o)(4)(C)(iii)(II) of the CAFTA-DR
Act, and its procedures, as the two entities who objected to the
request both withdrew their objections, and because no other interested
entity submitted a response advising CITA of its objection to the
request or its ability to supply the subject product, CITA has
determined to add the specified fabrics to the list in Annex 3.25 of
the CAFTA-DR Agreement.
The subject fabrics are added to the list in Annex 3.25 of the
CAFTA-DR Agreement in unrestricted quantities. A revised list has been
published on-line.
Specifications:
HTS Subheading: 6001.21.0000
Fabric 1: .................................
Fiber Content: 72 to 78 percent cotton, 22 to 28
percent polyester
Yarn: .................................
Face Yarn - Single ply, ring
spun cotton. Metric yarn number:
41 to 48; English yarn number:
24 to 28
Tie Yarn - Polyester filament of
49 to 51denier
Fleece yarn - Single ply staple
of 57 to 63 percent cotton and
37 to 43 percent polyester.
Metric yarnnumber: 24 to 30;
English yarn number 14 to 18.
Gauge: 20 to 24
Knit Type: Three-thread circular knit
Weight: Metric - 285 to 300 grams per
square meter; English - 8.42 to
9.75 ounces per square yard.
Width: Metric - 172 to 183 centimeters;
English - 68 to 72 inches.
Finish: Napped on the technical back;
bleached, yarn dyed, or piece
dyed.
Performance Criteria: Not more than 5 percent vertical
and horizontal shrinkage and not
more than 4 percent vertical
torque.
Fabric 2: .................................
Fiber Content: 77 to 83 percent cotton, 17 to 23
percent polyester
Yarn: .................................
Face Yarn - Single ply, ring
spun cotton. Metric yarn number:
47 to 54; English yarn number:
28 to 32
Tie Yarn - Polyester filament of
49 to 51denier
Fleece yarn - Single ply staple
of 67 to 73 percent cotton and
27 to 33 percent polyester.
Metric yarn number: 24 to 30;
English yarn number 14 to 18.
Gauge: 20 to 24
Knit Type: Three-thread circular knit
Weight: Metric - 266 to 308 grams per
square meter; English - 7.85 to
9.08 ounces per square yard.
Width: Metric - 146 to 183 centimeters;
English - 58 to 72 inches.
Finish: Napped on the technical back;
bleached, yarn dyed, or piece
dyed.
Performance Criteria: Not more than 5 percent vertical
and horizontal shrinkage and not
more than 4 percent vertical
torque.
R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E7-21950 Filed 11-7-07; 8:45 am]
BILLING CODE 3510-DS