[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Notices]
[Page 9544-9545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe08-45]
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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)
February 15, 2008.
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: February 21, 2008.
SUMMARY: The Committee for the Implementation of Textile Agreements
(CITA) has determined that certain composite 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: 38.2007.12.26.Fabric.Columbia
SportswearCo.
SUPPLEMENTARYINFORMATION:
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 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 the 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 December 26, 2007, CITA received a commercial availability
request from Columbia Sportswear Company (Columbia) for a composite
fabric consisting of a woven face fabric and a knit backing fabric
laminated together by means of a chemical adhesive, of the
specifications detailed below. On December 28, 2007, in accordance with
CITA's procedures , CITA notified interested parties of, and posted on
its website, the accepted petition and requested that interested
entities provide by January 10, 2008, a response advising of its
objection to the commercial availability request or its ability to
supply the subject product. CITA also explained that rebuttals to
responses were due to CITA by January 16, 2008.
On January 7, 2008, Polartec, LLC (Polartec) submitted a response
with an offer to supply, advising CITA of its objection to the request
and explaining its ability to supply the fabric as specified in the
request in commercial quantities in a timely manner. In its response,
Polartec explained that it had been contacted by Columbia and that it
had engaged in extensive discussions regarding development and
production of the fabric. Polartec claimed that the sample fabric it
had provided Columbia in November 2007 was a substitutable product and
a reasonable alternative to
[[Page 9545]]
the specified product. Polartec further stated that while there had
been some difficulties in sourcing one component of the final fabric, a
woven face fabric, that product was currently available, and that any
concerns Columbia had with respect to the sample previously provided
could be addressed.
On January 16, 2008, Columbia submitted its rebuttal to Polartec's
response. In its submission, Columbia indicated that it had made
significant efforts to produce the fabric with Polartec, and had
provided the company ample opportunity to develop the product. Columbia
argued that despite its efforts to source the product from Polartec,
Polartec was unable to substantiate its claims that it could produce
the fabric as specified in a timely manner. Columbia asserted that
Polartec's inability to source different components of the final fabric
as specified, namely the woven face fabric and the embossing, was the
reason that the sample provided by Polartec differed substantially from
the specifications Columbia required. Therefore, Columbia argued that
Polartec is unable to supply the fabric in question in a timely manner.
On January 24, 2008, in accordance with section 203(o)(4) of the
CAFTA-DR Act, Article 3.25 of the CAFTA-DR Agreement, and section
8(c)(4) of CITA's procedures, because there was insufficient
information to make a determination within 30 days, CITA extended the
period of making a determination by 14 U.S. business days.
On February 6, 2008, in accordance with section 8(c)(4)(i) of
CITA's final procedures, CITA held a public meeting with
representatives from Columbia, Polartec, and Burlington Worldwide,
during which the interested entities presented evidence and arguments
to CITA regarding Polartec's stated ability to provide the subject
fabric in commercial quantities in a timely manner.
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 Columbia made significant efforts
to source the fabric in the CAFTA-DR region, specifically from
Polartec, and that Polartec cannot supply the specified fabric in a
timely manner. Therefore, in accordance with section 203(o) of the
CAFTA-DR Act, and its 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 Agreement.
The subject fabric is added to the list in Annex 3.25 of the CAFTA-
DR Agreement in unrestricted quantities. A revised list has been
published on-line.
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 CITA's
procedures, an interested entity may request CITA to remove or restrict
the quantity of a product listed in Annex 3.25 six months after the
product has been added. If CITA determines that the product is
available in commercial quantities, or restricted quantities, in a
timely manner in the CAFTA-DR countries, CITA will publish in the
Federal Register a notice of its determination of removal or
restriction. Accordingly, the product will be removed from the Annex
3.25 list, or its quantity restricted, six months after the publication
date of CITA's determination.
Specifications:
HTS Subheading: 6001.22
(a) Woven Face Fabric:
Fiber Content: 100% textured polyester with mechanical stretch
Average Yarn Number:
Warp: 114-126 metric/72 filament polyester (71-79 denier/72
filament polyester)
Filling: 107-118 metric/72 filament polyester (76-84 denier/72
filament polyester)
Thread Count: 54-60 warp ends per centimeter x 45-50 filing picks per
centimeter(137-152 warp end per inch x (114-126 filling picks per
inch)
Weave Type: 2x2 twill with mechanical stretch
Weight: 100-110 grams per square meter (2.9-3.3 ounces per square
yard)
Finish: Piece dyed or printed; piece dyed or printed and embossed with
engraved rollers
(b) Knit Back Fabric:
Knit: 2 thread circular knit fleece (looped pile knit)
Average Yarn Number:
Face yarn: 114 -127 metric/36 filament (71-79 denier/36 filament)
Fleece yarn: 114-127 metric/144 filament (71-79 denier / 144
filament)
Machine Gauge: 24
Weight: 133-147 grams/sq. meter (3.9-4.3 oz. sq yd)
Finish: Piece dyed or printed; piece dyed or printed and embossed with
engraved rollers
NOTES: Face fabric treated with a durable water repellent finish that
passes the AATCC Test 22; Fabrics joined with a dot matrix
adhesive; Fleece fabric has a mechanical anti-pill finish achieved by
shearing the technical back and tumbling in the presence of heat.
>Width: Minimum cuttable width of composite fabric is 143.5 cm (56.5
inches).
R. Matthew Priest,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 08-784 Filed 2-15-08; 1:42 pm]
BILLING CODE 3510-DS-S