[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54386-54387]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se08-38]
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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]