Notice2024-19063
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
August 29, 2024
Issuing agencies
Committee for the Implementation of Textile Agreements
Abstract
The Committee for the Implementation of Textile Agreements ("CITA") has determined that certain 100% man-made fiber high pile fleece fabric (the "subject product"), as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The subject 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 168 (Thursday, August 29, 2024)</title>
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[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Notices]
[Pages 70174-70175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19063]
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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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SUMMARY: The Committee for the Implementation of Textile Agreements
(``CITA'') has determined that certain 100% man-made fiber high pile
fleece fabric (the ``subject product''), as specified below, is not
available in commercial quantities in a timely manner in the CAFTA-DR
countries. The subject product will be added to the list in Annex 3.25
of the CAFTA-DR in unrestricted quantities.
DATES: Applicable Date: August 27, 2024.
ADDRESSES: <a href="https://otexaprod.trade.gov/otexacapublicsite/requests/cafta">https://otexaprod.trade.gov/otexacapublicsite/requests/cafta</a>
under ``Approved Requests,'' File Number: CA2024003.
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#f9b5988c8b909cd7b49c988a9cb98d8b989d9cd79e968f"><span class="__cf_email__" data-cfemail="bbf7dacec9d2de95f6dedac8defbcfc9dadfde95dcd4cd">[email protected]</span></a>.
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 June 25, 2024, CITA received a commercial availability request
(``Request'') from VF Corp. (``VF'') for certain 100% man-made fiber
high pile fleece fabric, as specified below. On June 27, 2024, 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 July 10, 2024, and any Rebuttal to a Response
(``Rebuttal'') must be submitted by July 16, 2024, 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 July 12, 2024. Correspondingly,
the Rebuttal deadline was extended by two business days, through July
18, 2024.
On July 10, 2024, Draper Knitting Company, Inc. (``Draper'')
submitted a Response to the pending Request. On July 18, 2024, VF
submitted a Rebuttal to Draper'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 regarding the ability of a
CAFTA-DR supplier to supply the subject product based on the submitted
information, 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 August 5, 2024
[[Page 70175]]
with representatives of VF and Draper to provide the companies with an
opportunity to submit additional evidence to substantiate their claims
regarding Draper's capability to supply the subject product, or one
substitutable, 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, or one substitutable, 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 VF
made significant efforts to source the subject product, a warp knit
fleece fabric, in the CAFTA-DR region. Draper offered to supply a
circular weft knit sliver pile fabric, which it argued is substitutable
for the subject product. CITA finds that the information on the record
does not support Draper's claim that the fabric it offered to supply
is, in fact, substitutable for the subject product. 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 or one substitutable in
commercial quantities in a timely manner, CITA has determined to add
the subject product 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 100% Man-Made Fiber High Pile Fleece Fabric
HTS: 6001.22.
Fabric Type: Fleece.
Fiber Content: 100% man-made (polyester) fiber.
Construction: Warp knit (2 threads).
Gauge: 20gg-31gg.
Yarn Size: Various.
Warp Count: 40 to 53 per cm.
Fabric Weight: 284 to 385 grams per square meter.
Finishing Processes: Brush face and back.
Performance Requirements:
AATCC 135 Dimensional stability 6*6 maximum
ASTMD 3786 Bursting 50 minimum
AATCC 8 Colorfastness to crocking 2.0 to 4.0
DIN 53160 Colorfastness to saliva 4.5 minimum
Other: Pile height minimum 5mm.
Remarks: The specifications for the fabric apply to the fabric
itself prior to cutting and sewing of the finished garment. Such
processing may alter the measurements.
Paul Morris,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 2024-19063 Filed 8-28-24; 8:45 am]
BILLING CODE 3510-DR-P
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