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 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 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 May 6, 2008, the Chairman of CITA received a request from Sandler, Travis, & Rosenberg, P.A. on behalf of B*W*A for certain 100% cotton woven indigo-dyed fabrics, of the specifications detailed below. On May 7, 2008, CITA notified interested parties of, and posted on its website, the accepted petition and requested that interested entities provide, by May 20, 2008, a response advising of its objection to the request or its ability to supply the subject product, and rebuttals to responses by May 27, 2008. No interested entity filed a response advising of its objection to the request or its ability to supply the subject product.
In accordance with Section 203(o)(4) of the CAFTA-DR Act, and its procedures, as no interested entity submitted a response objecting to the request or expressing an ability to supply the subject product, CITA has determined to add the specified fabrics to the list in Annex 3.25 CAFTA-DR Agreement.
The subject fabrics are added to the list in Annex 3.25 CAFTA-DR Agreement in unrestricted quantities. A revised list has been published on-line.
|HTS: 5208.39.6090; 5208.39.8090|
|Fiber Content: 100% combed cotton|
|Average Yarn Number:|
|Metric: 64/2 + 64/2 x 64/2 + 64/2 to 71/2 + 71/2 x 71/2 + 71/2|
|English: 38/2 + 38/2 x 38/2 + 38/2 to 42/2 + 42/2 x 42/2 + 42/2|
|Construction: Woven with a dobby attachment|
|Metric: 150-166 gms/sq. mtr.|
|English: 4.4 - 4.9 oz./sq. yd.|
|Metric: 130-144 cm|
|English: 51-57 in.|
|Finish: Piece dyed with synthetic indigo, color index no: 73000|