Notice2023-28876
Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR”)
Primary source
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Published
January 3, 2024
Issuing agencies
Committee for the Implementation of Textile Agreements
Abstract
The Committee for the Implementation of Textile Agreements ("CITA") has determined that certain two-way stretch polyester/ spandex woven fabric (the "subject product"), as specified below, is 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 in unrestricted quantities.
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 352-353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28876]
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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'')
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.
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DATES: Applicable Date: January 3, 2024.
SUMMARY: The Committee for the Implementation of Textile Agreements
(``CITA'') has determined that certain two-way stretch polyester/
spandex woven fabric (the ``subject product''), as specified below, is
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 in unrestricted quantities.
FOR FURTHER INFORMATION CONTACT: Laurie Mease, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-2043 or
<a href="/cdn-cgi/l/email-protection#c38fa2b6b1aaa6ed8ea6a2b0a683b7b1a2a7a6eda4acb5"><span class="__cf_email__" data-cfemail="763a1703041f13583b1317051336020417121358111900">[email protected]</span></a>.
For Further Information Online: <a href="https://otexaprod.trade.gov/otexacapublicsite/requests/cafta">https://otexaprod.trade.gov/otexacapublicsite/requests/cafta</a> under ``Approved Requests,'' File
Number: CA2023001.
SUPPLEMENTARY INFORMATION:
Authority: The CAFTA-DR; section 203(o)(4) of the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act (``CAFTA-DR Implementation Act''), Public Law 109-
53; the Statement of Administrative Action accompanying the CAFTA-DR
Implementation Act; and Presidential Proclamation 7987 (February 28,
2006).
Background: The CAFTA-DR provides a list in Annex 3.25 for fabrics,
yarns, and fibers that the Parties to the CAFTA-DR have determined are
not available in commercial quantities in a timely manner in the
territory of any Party. The CAFTA-DR provides that this list may be
modified pursuant to Article 3.25.4 and 3.25.5, when 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 of the CAFTA-DR; see also section 203(o)(4)(C) of the CAFTA-DR
Implementation Act.
The CAFTA-DR Implementation 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 Proclamation 7987, the President delegated to CITA the
authority under section 203(o)(4) of CAFTA-DR Implementation Act for
modifying the Annex 3.25 list. Pursuant to this authority, on September
15, 2008, CITA published modified procedures it would follow in
considering requests to modify the Annex 3.25 list of products
determined to be not commercially available in the territory of any
Party to the CAFTA-DR (Modifications to Procedures for Considering
Requests Under the Commercial Availability Provision of the Dominican
Republic-Central America-United States Free Trade Agreement, 73 FR
53200) (``CITA's procedures'').
On October 31, 2023, CITA received a commercial availability
request from Konffetty S.A. de C.V. (``Konffetty'') for certain two-way
stretch polyester/spandex woven fabric, as specified below. On November
2, 2023, in accordance with CITA's procedures, CITA notified interested
parties of the Request, which was posted on the dedicated website for
CAFTA-DR commercial availability proceedings. In its notification, CITA
advised that any Response with an Offer to Supply (``response'') must
be submitted by November 15, 2023, and any Rebuttal to a Response
(``rebuttal'') must be submitted by November 21, 2023, in accordance
with sections 6 and 7 of CITA's procedures.
Based on a request from an interested entity, and in accordance
with section 6(a) of CITA's procedures, CITA extended the response
deadline by two business days, through November 17, 2023.
Correspondingly, the rebuttal deadline was extended by two business
days, through November 24, 2023.
On November 17, 2023, Summitex Woven Textiles (``Summitex'')
submitted a response to the pending request. On November 24, 2023,
Konffetty submitted a rebuttal to Summitex's response. In accordance
with section 203(o)(4) of the CAFTA-DR Implementation Act, Article 3.25
of the CAFTA-DR, and section 8(c)(4) of CITA's procedures, because
there was insufficient information on the record to make a
determination within 30 business days, CITA extended the period to make
a determination by 14 U.S. business days. Further, in accordance with
section 8(c)(4)(i) of its procedures, CITA called for a public meeting
on December 6, 2023 with representatives of Konffetty and Summitex to
provide the companies with an opportunity to submit additional evidence
to substantiate their claims regarding Summitex's capability to supply
the subject product in commercial quantities in a timely manner.
Section 203(o)(4)(C)(ii) of the CAFTA-DR Implementation 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 indicates that Konffetty made significant
efforts to source the fabric in the CAFTA-DR region, specifically from
Summitex. However, Summitex has not demonstrated its ability to supply
the subject product in commercial quantities in a timely manner.
Therefore, in accordance with section 203(o) of the CAFTA-DR
Implementation Act and CITA's procedures, as no interested entity has
substantiated its ability to supply the subject product in commercial
quantities in a timely manner, CITA has determined to add the specified
fabric to the list in Annex 3.25 of the CAFTA-DR.
The subject product has been added to the list in Annex 3.25 of the
CAFTA-DR in unrestricted quantities. A revised list has been posted on
the dedicated website for CAFTA-DR Commercial Availability proceedings,
at <a href="https://otexaprod.trade.gov/otexacapublicsite/shortsupply/cafta">https://otexaprod.trade.gov/otexacapublicsite/shortsupply/cafta</a>.
Specifications: Certain Two-Way Stretch Polyester/Spandex Woven Fabric
HTS: 5407.51, 5407.52, or 5407.53
Fiber Content (AATCC 20A): 95% (94%-96%) polyester and 5% (4%-6%)
spandex
Yarn Size:
Warp: 100D +40D polyester/spandex textured filament
Weft: (100D + 40D SP)*2 polyester/spandex textured filament
Thread Count (ASTM D3775):
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English (yarns/inch2): 118 (116-120) warp x 82 (81-83) weft
Metric (yarns/cm2): 300 (296-305) warp x 209 (206-212) weft
Fabric Weight (ASTM D3776):
English: 3.72 (3.65-3.78) oz/yd2
Metric: 126 (124-128) g/m2
Weave Type: Woven Plain and Twill Weave
Fabric Width (ASTM D3774):
English: 61.25 (60.50-62.50) inches
Metric: 153 (151-155) cm
Stretch (ASTM D3107):
Warp: 15% (14%-16%)
Weft: 17% (16%-18%)
Finish: Optical white Prepared for printing/piece dyed/yarn dyed/with
soft hand (no chemistry finish)
Jennifer Knight,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2023-28876 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DR-P
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