Federal Register Notice Containing Interim Procedures for Commercial Availability Requests under the U.S.-Peru TPA

Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination under the Textile and
Apparel Commercial Availability
Provision of the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA-DR
Agreement)
August 11, 2009.
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.
EFFECTIVE DATE: August 14, 2009.
SUMMARY: The Committee for the

Implementation of Textile Agreements
(‘‘CITA’’) has determined that certain
polyester/rayon/wool fabric, 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
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 ONLINE: http://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf. Reference number:
126.2009.07.06.Fabric.SharrettsPaley
forFishman&Tobin
SUPPLEMENTARYINFORMATION:

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Authority: The CAFTA-DR Agreement;
Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade
Agreement Implementation Act (CAFTA-DR
Implementation Act), Pub. Law 109-53; the
Statement of Administrative Action (SAA),
accompanying the CAFTA-DR
Implementation Act; and 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 of the
CAFTA-DR Agreement; see also section
203(o)(4)(C) of the CAFTA-DR
Implementation Act.
The CAFTA-DR Implementation Act
requires the President to establish

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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 Implementation
Act for modifying the Annex 3.25 list.
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 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)
(‘‘procedures’’).
On July 6, 2009, the Chairman of
CITA received a Request for a
Commercial Availability Determination
(‘‘Request’’) from Sharretts, Paley, Carter
& Blauvelt, P.C. on behalf of Fishman &
Tobin for certain polyester/rayon/wool
fabrics. On July 8, 2009, 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 20, 2009, and any
Rebuttal Comments to a Response
(‘‘Rebuttal’’) must be submitted by July
24, 2009. No interested entity submitted
a Response to the Request advising
CITA of its objection to the Request and
its ability to supply the subject product.
In accordance with section
203(o)(4)(C) of the CAFTA-DR
Implementation Act, and Section 8(c)(2)
of CITA’s procedures, as no interested
entity submitted a Response objecting to
the Request and demonstrating its
ability to supply the subject product,
CITA has determined to add the
specified fabric to the list in Annex 3.25
of the CAFTA-DR Agreement.
The subject product has been added
to the list in Annex 3.25 of the CAFTADR Agreement in unrestricted
quantities. A revised list has been
posted on the dedicated website for
CAFTA-DR Commercial Availability
proceedings.
Specifications:
Fabric

Certain

Polyester/Rayon/Wool

HTSUS: 5515.11.00; 5515.19.00; 5516.92.00;
5516.93.00
Fiber Content: 30-65% polyester/ 25-65% rayon; 120% wool
Configuration:

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41111

Fabric #1 Warp - Spun yarn, either plied or single of various
sizes, of intimately blended rayon and polyester
staple fibers.
Fill - Spun yarn, either plied or single of various
sizes, of intimately blended polyester and wool
staple fibers.
Fabric #2 Warp - Spun yarn, either plied or single of various
sizes, of intimately blended rayon and polyester
staple fibers.
Fill - Spun yarn, either plied or single of various
sizes, of intimately blended polyester, rayon
and wool staple fibers.
Fabric #3 Warp - Spun yarn, either plied or single of various
sizes, of intimately blended polyester, rayon
and wool staple fibers.
Fill - Spun yarn, either plied or single of various
sizes, of intimately blended polyester, rayon
and wool staple fibers.
NOTE: ‘‘Intimately blended’’ refers to situations
where the fibers are wound together to form that
yarn.
Construction: Various
Weight:
English - 5 to 7.4 oz/sq. yd.
Metric - 170 to 250 gm/sq. meter
Width:
English - 56 to 64 inches
Metric - 142 to163 cm
Weave: Various, including plain and twill
Coloration: Piece dyed or of yarns of different
colors

Janet E. Heinzen,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. E9–19558 Filed 8–13–09; 8:45 am]
BILLING CODE 3510–DS

COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Interim Procedures for Considering
Requests Under the Commercial
Availability Provision of the United
States - Peru Trade Promotion
Agreement Implementation Act and
Estimate of Burden for Collection of
Information
August 11, 2009.
AGENCY: Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Notice and Request for
Comments.
SUMMARY: This notice sets forth the
interim procedures the Committee for
the Implementation of Textile
Agreements (‘‘CITA’’) will follow in
implementing certain provisions of the
United States - Peru Trade Promotion
Agreement Implementation Act (‘‘USPERU TPA’’), which implemented into
U.S. law the United States - Peru Trade
Promotion Agreement (‘‘Agreement’’).
Section 203(o)(2) of the US-PERU TPA
provides that the President shall
establish procedures to govern the
submission of requests to modify the list
of fabrics, yarns, or fibers not available

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in commercial quantities in a timely
manner in either the United States or
Peru as set out in Annex 3-B of the
Agreement. The President has delegated
to CITA the authority to determine
whether fabrics, yarns, or fibers are not
available in commercial quantities in a
timely manner in either the United
States or Peru and has directed CITA to
establish procedures that govern the
submission of a request and provide the
opportunity for interested entities to
submit comments and supporting
evidence in any such determination
pursuant to the US-PERU TPA.
DATES: The interim procedures are
effective as of August 14, 2009.
CITA solicits public written
comments on the Interim Procedures.
Comments must be received no later
than September 14, 2009 of this notice
in either hard copy or electronically. If
submitting comments in hard copy, an
original, signed document must be
submitted to the Chairman, Committee
for the Implementation of Textile
Agreements, Room 3100, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, N.W.,
Washington, D.C. 20230. If submitting
comments electronically, an electronic
copy, via electronic mail (‘‘email’’) must
be submitted to
OTEXAlPERU@ita.doc.gov. Additional
instructions regarding the submission of
comments may be found at the end of
this notice.
In accordance with the Paperwork
Reduction Act, this notice further
provides an estimate of the burden to
the public to collect and submit
information as required by Section
203(o) of the US-PERU TPA and CITA’s
Interim Procedures. CITA hereby gives
notice of the estimated burden to the
public, and provides the opportunity for
the public to submit comments on those
estimates. Written comments and
recommendations for the estimate of the
burden to the public should be sent to
Wendy Liberante, OMB Desk Officer,
via the Internet at
WendylL.lLiberante@omb.eop.gov or
fax (202) 395-7285 by September 14,
2009.
FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 203(o) of the US-PERU
TPA and Proclamation No. 8341, 74 FR 4105
(Jan. 22, 2009).

Background:
The US-PERU TPA provides a list in
Annex 3-B for fabrics, yarns, and fibers
that the Parties have determined are not

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available in commercial quantities in a
timely manner from producers in the
United States or Peru. A textile and
apparel good containing fabrics, yarns,
or fibers that are included in Annex 3B of the US-PERU TPA will be treated
as if it is an originating good for
purposes of the specific rules of origin
in Annex 4.1 of the US-PERU TPA,
regardless of the actual origin of those
inputs. However, all other fabrics, yarns,
or fibers of the component that
determine the classification of the good
must satisfy the specific rules of origin
in Annex 4.1 of the US-PERU TPA. The
US-PERU TPA provides that the
President will establish procedures
governing the submission of requests
under Section 203(o) (‘‘the commercial
availability provision’’) set forth in the
US-PERU TPA and may determine
whether additional fabrics, yarns, or
fibers are available or are not available
in commercial quantities in a timely
manner in the United States or Peru. In
addition, the US-PERU TPA establishes
that the President may remove a fabric,
yarn, or fiber from the list, if it has been
added to the list in an unrestricted
quantity or has had a restriction
eliminated, if he determines that the
fabric, yarn, or fiber has become
available in commercial quantities in a
timely manner.
In Proclamation No. 8341, 74 FR
4105, 4107 (January 22, 2009), the
President delegated to CITA his
authority under the commercial
availability provision to establish
procedures for modifying the list of
fabrics, yarns, or fibers not available in
commercial quantities in a timely
manner, as set out in Annex 3-B of the
US-PERU TPA. Set forth below are the
Interim Procedures implementing the
commercial availability provisions set
forth in the US-PERU TPA.
INTERIM PROCEDURES:
1. Introduction
The intent of these procedures is to
foster the use of U.S. and Peruvian
products by allowing such products to
be placed on or removed from a product
list, on a timely basis, and in a manner
that is consistent with normal business
practice. To this end, these procedures
are intended to facilitate the
transmission, on a timely basis, of
requests for commercial availability
determinations and offers to supply
such requests; have the market indicate
the availability of the supply of
products that are the subject of requests;
make available promptly, to interested
entities and parties, information
regarding the requests for products and
offers to supply received; ensure wide
participation by interested entities and
parties; provide careful scrutiny of

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information provided to substantiate
order requests and response to supply
offers; and provide timely public
dissemination of information used by
CITA in making commercial availability
determinations.
2. Definitions
(a) Commercial Availability Request. A
‘‘Commercial Availability Request’’ or
‘‘Request’’ is a request for a commercial
availability determination submitted by
an interested entity requesting that
CITA place a good on the Commercial
Availability List in Annex 3-B of the
Agreement because that fiber, yarn, or
fabric is not available in commercial
quantities in a timely manner from a
US-PERU TPA supplier.
(b) Commercial Availability List. The
Commercial Availability List is the list
of products (fibers, yarns, and/or
fabrics) in Annex 3-B of the US-PERU
TPA that have been determined to be
not commercially available from USPERU TPA suppliers in commercial
quantities in a timely manner.
(c) Fiber, Yarn, or Fabric. The terms
‘‘fiber, yarn, or fabric’’ mean a single
product or a range of products, which
meet the same specifications provided
in a submission, and which may be only
part of a Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) provision.
(d) Interested Entity. An ‘‘interested
entity’’ means the government of Peru,
a potential or actual purchaser of a
textile or apparel good, or a potential or
actual supplier of a textile or apparel
good. CITA recognizes that a legal or
other representative may act on behalf
of an interested entity. See Section
203(o)(4)(B)(i) of the US-PERU TPA.
(e) Interested Party. An ‘‘interested
party’’ means any interested person that
requests to be included on the email
notification list for commercial
availability proceedings. Any interested
person may become an interested party
by contacting CITA either by sending an
email to OTEXAlPERU@ita.doc.gov, or
through the website dedicated to
commercial availability proceedings
under the US-PERU TPA (‘‘US-PERU
TPA commercial availability website’’
or ‘‘website’’). The website is located on
the U.S. Department of Commerce’s
Office of Textile and Apparel website,
under ‘‘Commercial Availability’’/
‘‘Peru.’’
(f) Official Receipt. The ‘‘official
receipt’’ is CITA’s email confirmation
that it has received both the email
version and the original submission
signed by the interested entity delivered
via express courier.
(g) Rebuttal Comment. A ‘‘Rebuttal
Comment’’ (‘‘Rebuttal’’) is a submission
from an interested entity providing
information in response to evidence or

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arguments raised in a Response. A
Rebuttal must be limited to evidence
and arguments provided in a Response.
(h) Request to Remove or Restrict. A
‘‘Request to Remove or Restrict’’ is a
submission from an interested entity,
made no sooner than six months after a
product has been added to the Annex 3B list in an unrestricted quantity
pursuant to Section 203(o)(4) of the USPERU TPA, requesting that CITA either
remove a product or that a quantity
restriction be introduced.
(i) Requestor. The ‘‘Requestor’’ refers to
the interested entity that files a Request
or a Request to Remove or Restrict,
under the commercial availability
provision of the US-PERU TPA, for
CITA’s consideration.
(j) Response with an Offer to Supply. A
‘‘Response with an Offer to Supply’’
(‘‘Response’’) is a submission from an
interested entity to CITA objecting to
the Request and asserting its ability to
supply the subject product by providing
an offer to supply the subject product
described in the Request.
(k) U.S. Business Day. A ‘‘U.S. business
day’’ is any calendar day other than a
Saturday, Sunday, or a legal holiday
observed by the Government of the
United States. See section
203(o)(4)(B)(ii) of the US-PERU TPA.
(l) US-PERU TPA Supplier. A ‘‘USPERU TPA Supplier’’ is a potential or
actual supplier of a textile or apparel
good of a producer. See section
203(n)(16) of the US-PERU TPA (‘‘The
term ‘producer’ means a person who
engages in the production of a good in
the territory of Peru or the United
States.’’).
3. Submissions for Participation in a
US-PERU TPA Commercial Availability
Proceeding.
(a) Filing a Submission. All submissions
in a US-PERU TPA commercial
availability proceeding (e.g., Request,
Response, Rebuttal, and Request to
Remove or Restrict) must be in English.
If any attachments are in a language
other than English, then a complete
translation must be provided. Each
submission must be submitted to the
Chairman of CITA, in care of the U.S.
Department of Commerce’s Office of
Textiles and Apparel (‘‘OTEXA’’) in two
forms: electronic mail and an original
signed submission.
(1) An electronic mail (‘‘email’’) version
of the submission must be either in
PDF, Word, or Word-Perfect format
and must contain an adequate
public summary of any business
confidential information and the
due diligence certification, sent to
OTEXAlPERU@ita.doc.gov. The
email version of the submission
will be posted for public review on

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the US-PERU TPA commercial
availability website. No business
proprietary information should be
submitted in the email version of
any document.
(2) The original signed submission must
be received via express courier to -Chairman, Committee for the
Implementation of Textile
Agreements, Room H3100, U.S.
Department of Commerce, 14th and
Constitution Ave., N.W.,
Washington, DC 20230. Any
business confidential information
upon which an interested entity
wishes to rely must be included in
the original signed submission only.
Except for the inclusion of business
confidential information and
corresponding public summary, the
two versions of a submission
should be identical.
(3) Brackets must be placed around all
business confidential information
contained in submissions.
Documents containing business
confidential information must have
a bolded heading stating
‘‘Confidential Version.’’
Attachments considered business
confidential information must have
a heading stating ‘‘Business
Confidential Information.’’
Documents, including those
submitted via email, provided for
public release, must have a bolded
heading stating ‘‘Public Version’’
and all the business confidential
information must be deleted and
substituted with an adequate public
summary.
(4) Generally, details such as quantities
and lead times for providing the
subject product can be treated as
business confidential information.
However, the names of US-PERU
TPA suppliers who were contacted,
what was asked generally about the
capability to manufacture the
subject product, and the responses
thereto should be included in
public versions, which will be
made available to the public.
(b) Due Diligence Certification. Due
Diligence Certification. An interested
entity must file a certification of due
diligence as described in subsection
(b)(1) with each submission, both email
and original signed versions, containing
factual information. If the interested
entity has legal counsel or other
representative, the legal counsel or other
representative must also file a
certification of due diligence as
described in subsection (b)(2) with each
submission, both email and original
signed versions, containing factual
information. Accurate representations of
material facts submitted to CITA for the

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US-PERU TPA commercial availability
proceeding are vital to the integrity of
this process and are necessary for
CITA’s effective administration of the
statutory scheme. Each submission
containing factual information for
CITA’s consideration must be
accompanied by the appropriate
certification regarding the accuracy of
the factual information. Any submission
that lacks the applicable certifications
will be considered an incomplete
submission that CITA will reject and
return to the submitter. CITA may verify
any factual information submitted by
interested entities in a US-PERU TPA
commercial availability proceeding.
(1) For the person responsible for
presentation of the factual
information: I, (name and title),
currently employed by (interested
entity), certify that (1) I have read
the attached submission, and (2) the
information contained in this
submission is, to the best of my
knowledge, complete and accurate.
(2) For the person’s legal counsel or
other representative: I, (name), of
(law or other firm), counsel or
representative to (interested entity),
certify that (1) I have read the
attached submission, and (2) based
on the information made available
to me by (person), I have no reason
to believe that this submission
contains any material
misrepresentation or omission of
fact.
(c) Official Receipt. A submission will
be considered officially submitted to
CITA only when both the email version
and the original signed submission have
been received by CITA. For Requests,
CITA will confirm to the requestor that
both versions of the Request were
received through an email confirmation.
CITA’s email confirmation shall be
considered the ‘‘official receipt’’ of the
Request, and also begins the statutory 30
U.S. business-day process for CITA
consideration of Requests. CITA will
confirm official receipt of any Response
and Rebuttal by posting the submissions
on the US-PERU TPA commercial
availability website.
4. Submitting a Request for
Consideration in a Commercial
Availability Proceeding.
(a) Commercial Availability Request. An
interested entity may submit a Request
to CITA alleging that a fiber, yarn, or
fabric is not available in commercial
quantities in a timely manner from a
US-PERU TPA supplier.
(b) Contents of a Commercial
Availability Request.
(1) Detailed Product Information. The
Request must provide a detailed
description of the subject product,

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including, if applicable, fiber
content, construction, yarn size,
and finishing processes; and the
classification of the product under
the HTSUS. All measurements in
the entire submission must be
stated in metric units. If the English
count system is used in any part,
then a conversion to metric units
must be provided. The description
must include reasonable product
specifications, including, if
applicable, fiber content,
construction, yarn size, and
finishing processes, as well as
timelines and quantities.
Reasonable product specifications
include the use of accepted
terminology and standards, such as
those used by the American Society
for Testing and Materials (‘‘ASTM’’)
or the American Association of
Textile Chemists and Colorists
(‘‘AATCC’’).
If any aspect of the Request is
outside the normal course of
business (e.g., tight deadline, higher
standards of performance,
requirements to match existing
specifications), requestors must
provide US-PERU TPA suppliers
with detailed explanations and
measurable criteria for the
specification or term at issue. In the
course of its review of the Request,
CITA will consider record evidence
to determine whether such
specifications and terms are
reasonable.
The requestor must clearly describe
the unique characteristics of the
subject product that distinguishes it
from other similar or potentially
substitutable products. In addition,
the requestor must also explain why
such characteristics are required for
the purposes of the end-use of the
product and cannot be substituted
by another product. However, all
characteristics and specifications
must be supported by measurable
criteria.
(2) Quantity. The Request must provide
the specific quantity of the product
needed by the requestor, in
standard units of quantity for
production of the subject product in
the United States or Peru.
(3) Due Diligence. The Request must
provide a complete description of
the due diligence undertaken by the
requestor to determine the subject
product’s availability in the United
States or Peru. Due diligence for the
requestor means it has made
reasonable efforts to obtain the
subject product from US-PERU TPA
suppliers.
(i) Generally: The requestor must

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provide the names and addresses of
suppliers contacted, who (by name
and position) was specifically
contacted, the exact request that
was made, the dates of those
contacts, whether a sample of the
subject product was provided for
review, and the exact response
given for the supplier’s inability to
supply the subject product under
the same conditions as contained in
the Request submitted to CITA, in
addition to any other information
the requestor believes is relevant.
The requestor must submit copies
or notes of relevant correspondence,
both inquiries and responses, with
these suppliers. Relevant
correspondence includes notes of
telephone conversations.
(ii) Identification of US-PERU TPA
suppliers: Requestors must make
reasonable efforts to identify USPERU TPA suppliers in the United
States or Peru. Requestors should
identify US-PERU TPA suppliers
through a number of means,
including the requestor’s
knowledge of the industry, industry
directories, and industry
association memberships. However,
an email from a requestor with a
general inquiry to all manufacturers
in the United States or Peru may
not constitute due diligence. Rather,
reasonable efforts must be taken to
identify US-PERU TPA suppliers
who are generally known to
produce the class or type of product
at issue. Requestors must provide
an explanation in their Request as
to why their efforts to identify USPERU TPA suppliers were
reasonable given the product at
issue.
(iii) Use of Third Parties and
Business-to-Business Contact: Due
diligence includes substantive and
direct contact, indicating a
legitimate intent to do business,
between requestors and US-PERU
TPA suppliers. Third party
communications are no substitutes
for meaningful dialogue between
appropriate officials. Once interest
is expressed between requestors
and US-PERU TPA suppliers,
subsequent communications should
be conducted by appropriate
officials of the requestor and USPERU TPA supplier based on
normal business practice. A lack of
appropriate business-to-business
contact may be deemed as
insufficient due diligence.
(iv) Description of the Subject
Product: In undertaking due
diligence, requestors must provide a
detailed description of the product

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to US-PERU TPA suppliers. The
description must include
reasonable product specifications,
including, if applicable, fiber
content, construction, yarn size,
and may include a finishing process
or operation, as well as timelines
and quantities. Reasonable product
specifications include the use of
accepted terminology and
standards, such as those used by
ASTM or AATCC. If any aspect of
the Request is outside the normal
course of business (e.g., tight
deadline, higher standards of
performance, requirements to match
existing specifications), requestors
must provide US-PERU TPA
suppliers with detailed
explanations and measurable
criteria for the specification or term
at issue that would render such
aspects as reasonable for the
product in question. CITA will
consider record evidence to
determine whether such
specifications and terms are
reasonable.
(v) Provision of Samples: In
undertaking its due diligence, a
requestor must clearly
communicate to US-PERU TPA
suppliers its standard business
practice with respect to the
provision of samples. While
requestors may request a sample, a
US-PERU TPA supplier is not
required to provide a sample under
CITA’s procedures. However, CITA
notes that US-PERU TPA suppliers
must meet certain requirements
with respect to the provision of
samples and/or information
demonstrating their ability to
supply the subject product in
commercial quantities in a timely
manner. See Section 6(b)(3) and
Section 6(b)(4).
(vi) Substitutability of Products: In
undertaking its due diligence, a
requestor must clearly
communicate information regarding
the substitutability of the product in
question to US-PERU TPA
suppliers. In its inquiries to USPERU TPA suppliers, the requestor
must clearly describe the unique
characteristics of the subject
product that distinguishes it from
other similar or potentially
substitutable products. In addition,
the requestor must provide USPERU TPA suppliers with
information why such
characteristics are required for the
purposes of the end-use of the
product and cannot be substituted
by another product. However, all
characteristics and specifications

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must be supported by measurable
criteria. If, in the course of due
diligence, a US-PERU TPA supplier
proposes a substitutable product,
the requestor must provide
reasonable justifications to the USPERU TPA supplier for rejecting
potentially substitutable products.
(vii) Treatment of Business
Confidential Information: Specific
details of correspondence with
suppliers, such as quantities and
lead times for providing the subject
product, can be treated as business
confidential information. However,
the names of US-PERU TPA
suppliers who were contacted, what
was asked generally about the
capability to manufacture the
subject product, and the responses
thereto should be available for
public review to ensure proper
public participation in the process.
‘‘Lead times’’ refers to supplying
the subject product within normal
business time frames for the subject
product once an order is received.
Specific delivery dates are not
necessary. Required delivery dates
that fall within the time needed to
complete the commercial
availability determination process
are not acceptable.
(4) Substitutable Products. The Request
must provide information on
whether the requestor believes that
other products supplied by the USPERU TPA supplier are not
substitutable in commercial
quantities in a timely manner for
the product(s) that is (are) the
subject of the Request for purposes
of the intended use. Clearly
describe the unique characteristics
of the subject product that
distinguishes it from other similar
or potentially substitutable
products. Describe why such
characteristics are required for the
purposes of the end-use of the
product and cannot be substituted
by another product available from a
US-PERU TPA supplier.
(5) Additional Information.The Request
may provide any additional
evidence or information believed to
be relevant for CITA to determine
whether a fiber, yarn, or fabric is
not available in commercial
quantities in a timely manner from
a producer in the United States or
Peru.
5. Consideration and Acceptance of a
Request.
In considering whether to accept a
Request, CITA will consider and
determine whether it provides all the
required information specified in
Sections 3 and 4 of these Procedures.

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CITA will determine whether to accept
the Request for consideration and
investigation not later than two U.S.
business days after the official receipt of
a Request.
(a) Request Rejected. If CITA determines
that the Request does not contain the
required information, the requestor will
be notified promptly by email that the
Request has not been accepted and the
reasons for the rejection. A Request may
be resubmitted with additional
information for the subject product and
CITA will reevaluate it as a new
Request.
(1) Requests for Downstream Products
with Inputs Not Commercially
Available. If, in its initial review of
a Request, CITA determines that a
subject product would be
commercially available but for the
commercial unavailability of a
certain input of the subject product,
CITA will reject the Request. The
requestor may submit a Request for
the input in question rather than
the downstream product.
(2) Requests for Products with
Prohibited Inputs, Specifications,
and/or Processes. If, in its initial
review of a Request, CITA
determines that the subject product
requires inputs, specifications, and/
or processes that are prohibited
under the laws and regulations of
the United States, CITA will reject
the Request if there is a substitute
product that does not require such
prohibited inputs, specifications, or
processes.
(b) Request Accepted. If CITA
determines that the Request contains the
required information, CITA will notify
interested parties by email that a
Request has been accepted and filed and
will assign a File Number. CITA will
post the accepted Request on its website
for public notice. The email notification
and the website posting will indicate
the calendar date deadlines for
submitting Responses and Rebuttals.
6. Submitting a Response with an Offer
to Supply.
Responses must meet the requirements
outlined in Section 3 of these
Procedures. General comments in
support of or opposition to a Request do
not meet the requirements of a
Response. A Due Diligence Certification
must accompany a Response.
(a) Response With an Offer to Supply
Submission. An interested entity (a USPERU TPA supplier) may file a
Response to a Request CITA accepted
advising CITA of its objection to the
Request and its ability to supply the
subject product by providing an offer to
supply the subject product as described
in the Request. An interested entity will

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have 10 U.S. business days after official
receipt of a Request to respond to a
Request. If good cause is shown, CITA
may extend this deadline, but CITA will
still meet the statutory deadline for
making a determination.
(b) Contents of a Response with an Offer
to Supply.
(1) File Number. The Response must
reference the CITA File Number
assigned to the particular Request
being addressed.
(2) Quantity. The Response must supply
the quantity of the subject product
that the respondent is capable of
currently supplying, in standard
units of quantity. All measurements
must be in metric units. If the
English count system is used in any
part, then a conversion to metric
units must be provided.
(3) Production Capability/
Demonstration of Ability to Supply.
A Response must contain
information supporting the claim to
supply the subject product, or one
substitutable, in commercial
quantities in a timely manner.
(i) The Response must report the
quantity, in metric units, that the
US-PERU TPA supplier produced of
the subject product, or a
substitutable product, in the
preceding 24-month period.
(ii) For products that have
experienced cyclical demand or are
not currently produced, the USPERU TPA supplier must indicate
the quantity that has been supplied
or offered commercially in the past,
with an explanation of the reasons
it is not currently produced or
offered.
(iii) If the subject product involves a
new style, weight, or other variation
that is new to the market or new to
the US-PERU TPA supplier, then
the supplier must provide detailed
information on its current ability to
make the subject product in
commercial quantities in a timely
manner. Such information could
include current production
capacity, current loom availability,
and standard timetables to produce.
(iv) A US-PERU TPA supplier may
support its claim to be able to
produce the subject product
through provision of a sample
meeting exactly the specifications
as presented in the Request.
However, the provision of a sample
is not required. Regardless of
whether a sample is provided, a
respondent must demonstrate its
ability to produce the subject
product by providing sufficient
relevant information regarding their
production capability. Such

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information could include past
production of similar products and/
or descriptions of equipment and
identification of suppliers necessary
to produce the subject product. If
some operations, such as finishing,
will be completed by other entities,
the name of the facility and contact
information must be provided.
(v) The Response may provide, if
relevant, the basis for the US-PERU
TPA supplier’s rationale that other
products that are supplied by the
US-PERU TPA supplier in
commercial quantities in a timely
manner are substitutable for the
subject product(s) for purposes of
the intended use, supported by
measurable criteria.
(vi) In its review of a Response, CITA
will consider whether the US-PERU
TPA supplier was responsive to the
efforts employed by the requestor to
obtain the subject product in the
course of due diligence. In the event
that a US-PERU TPA supplier was
not responsive, a US-PERU TPA
supplier must provide a reasonable
explanation in its Response as to
why it did not respond to earlier
inquiries by the requestor in the
course of due diligence. CITA will
reject a Response if it does not
include such explanation.
(4) Due Diligence. The Response must
provide a complete description of
the due diligence undertaken by the
US-PERU TPA supplier to
substantiate the ability to supply
the subject product. If a US-PERU
TPA supplier has participated in
the requestor’s undertaking of due
diligence, the supplier must
provide certain information in
response to the requestor’s
inquiries.
(i) If a US-PERU TPA supplier has
been responsive to a requestor in
the undertaking of due diligence,
the US-PERU TPA supplier must
have stated its ability to supply or
not supply the subject product. If
the product can be supplied, the
response to the inquiry must
contain information supporting the
US-PERU TPA supplier’s claim to
supply the subject product, or one
substitutable, in commercial
quantities in a timely manner.
(ii) If a US-PERU TPA supplier offers
to supply the subject product, the
supplier may support its offer by
reporting the quantity, in metric
units, that it has produced of the
subject product, or a substitutable
product, in the preceding 24-month
period. If the US-PERU TPA
supplier does not provide such
information, it must, subject to

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section 6(b)(4)(vii), explain why the
information it has provided
sufficiently supports its offer to
supply.
(iii) In response to a requestor’s
inquiry, for products that have
experienced cyclical demand or are
not currently produced, the USPERU TPA supplier must provide
the requestor the quantity that has
been supplied or offered
commercially in the past, with an
explanation of the reasons it is not
currently produced or offered.
(iv) If the subject product involves a
new style, weight, or other variation
that is new to the market or new to
the US-PERU TPA supplier, then
the supplier must provide detailed
information on its current ability to
make the subject product in
commercial quantities in a timely
manner. Such information could
include current production
capacity, current loom availability,
and standard timetables to produce
the subject product.
(v) A US-PERU TPA supplier may
support its claim to be able to
produce the subject product
through provision of a sample
meeting the specifications as
presented in an inquiry. However,
the provision of a sample is not
required. Regardless of whether a
sample is provided, the US-PERU
TPA supplier must demonstrate its
ability to produce the subject
product by providing sufficient
relevant information regarding their
production capability. Such
information could include past
production of similar products and/
or descriptions of equipment and
identification of suppliers necessary
to produce the subject product. If
some operations, such as finishing,
will be completed by other entities,
the name of the facility and contact
information must be provided.
(vi) A response to a requestor’s
inquiry must provide, as applicable,
the basis for the US-PERU TPA
supplier’s rationale that other
products that are supplied by the
US-PERU TPA supplier in
commercial quantities in a timely
manner are substitutable for the
subject product for purposes of the
intended use, supported by
measurable criteria.
(vii) Nothing in these procedures shall
require any US-PERU TPA supplier
to provide business confidential or
other commercially sensitive
information to a requestor.
However, a US-PERU TPA supplier
must provide the requestor a
reasonable explanation why such

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information was not provided and
why the information it has provided
sufficiently supports its offer to
supply.
(5) Location of the US-PERU TPA
supplier. The Response must
provide the name, address, phone
number, and email address of a
contact person at the facility
claimed to be able to supply the
subject product.
7. Submitting a Rebuttal Comment.
A Rebuttal must meet the
requirements outlined in Section 3 of
these procedures. General comments in
support of or opposition to a Request or
a Response do not meet the
requirements of a Rebuttal. A Due
Diligence Certification must accompany
a Rebuttal.
(a) Rebuttal Comment. Rebuttal
Comment. Any interested entity may
submit a Rebuttal to a Response. An
interested entity must submit its
Rebuttal not later than 4 U.S. businessdays after the deadline for Response. If
good cause is shown, CITA may extend
the time limit, but CITA will still meet
the statutory deadline for making a
determination.
(b) Contents of a Rebuttal. The Rebuttal
Comment may respond only to evidence
or arguments raised in the Response and
must identify the Response, evidence
and/or arguments to which it is
responding. The Rebuttal must reference
the CITA File Number assigned to the
particular Request being addressed.
8. Determination Process.
(a) Not later than 30 U.S. business days
after official receipt of a Request (or not
later than 44 U.S. business days where
an extension is provided), CITA will
notify interested entities by email and
interested parties and the public by a
posting on its Web site whether the
subject product is available in
commercial quantities in a timely
manner in the United States or Peru and
whether an interested entity has
objected to the Request.
(b) CITA will notify the public of the
determination by publication in the
Federal Register when the
determination results in a change to the
Commercial Availability List in Annex
3-B of the Agreement.
(c) Types of Determinations.
(1) Denial. A denial means that CITA
has determined that the subject
product is available in commercial
quantities in a timely manner in the
United States or Peru. If a Request
is denied, notice of the denial will
be posted on the US-PERU TPA
Commercial Availability Web site.
(i) Denial of Requests for Downstream
Products with Inputs Not
Commercially Available: If, during

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the course of its review of a
Request, CITA determines that the
subject product is commercially
available but for the commercial
unavailability of a certain input of
the subject product, CITA will deny
the Request. The requestor may
submit a Request for the input in
question rather than the
downstream product.
(ii) Denial of Requests for Products
with Prohibited Inputs,
Specifications, and/or Processes: If,
during the course of its review of a
Request, CITA determines that the
subject product requires inputs,
specifications, and/or processes that
are prohibited under the laws and
regulations of the United States,
CITA will deny the Request if there
is a substitute product that does not
require such prohibited inputs,
specifications, or processes.
(2) Approval in Unrestricted Quantity.
An approval in unrestricted
quantities means that CITA has
determined that the subject product
is not available in commercial
quantities in a timely manner in the
United States or Peru or that no
interested entity has objected to the
Request.
If a Request is approved without
restriction, a notice will be published in
the U.S. Federal Register not later than
30 U.S. business days (or not more than
44 U.S. business days where an
extension is provided) after the official
receipt of a Request, adding the subject
product to the Commercial Availability
List in Annex 3-B of the Agreement. The
effective date of the determination is the
date of publication of the notice in the
U.S. Federal Register.
(3) Approval in a Restricted Quantity.
(i) Approval in a Restricted Quantity:
An Approval in a Restricted
Quantity means that CITA has
determined to add the subject
product to the Commercial
Availability List in Annex 3-B of
the Agreement with a specified
restricted quantity. CITA may
approve the Request in a restricted
quantity if CITA determines that a
US-PERU TPA supplier(s) can
partially fulfill the Request for the
subject product. The restricted
quantity specifies the amount of the
subject product that can be
provided by a US-PERU TPA
supplier(s).
(A) If a Request is approved in a
restricted quantity, a notice will be
published in the Federal Register
not later than 30 U.S. business days
(or not more the 44 U.S. business
days where an extension is
provided) after official receipt of the

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Request, adding the subject product
to the Commercial Availability List
in Annex 3-B of the Agreement with
a specified restricted quantity. The
restricted quantity specifies the
amount of the subject product that
can be provided by a US-PERU TPA
supplier(s).
(B) The effective date of the
determination will be the date of
publication in the U.S. Federal
Register.
(ii) Elimination of a restricted
quantity: Elimination of a restricted
quantity: Not later than six months
after adding a product to the
Commercial Availability List in
Annex 3-B of the Agreement in a
restricted quantity, CITA may
eliminate the restriction if it
determines that the subject product
is not available in commercial
quantities in a timely manner in the
United States or Peru. See Section
203(o)(4)(E) of the US-PERU TPA.
(A) The determination that the subject
product is not available in
commercial quantities in a timely
manner will be based upon whether
the restricted quantity has been
provided by a US-PERU TPA
supplier(s). CITA will solicit
comments and information from the
US-PERU TPA supplier(s) and the
requestor.
(B) If the US-PERU TPA supplier(s)
are still capable of providing the
restricted quantity, the restriction
will remain.
(C) If the US-PERU TPA supplier(s)
are unable to provide the restricted
quantity, CITA will eliminate the
restricted quantity. CITA will
publish a notice in the U.S. Federal
Register, and post on the Web site,
that the restricted quantity is
eliminated and the subject product
is added to the Commercial
Availability List in Annex 3-B of
the Agreement in an unrestricted
quantity. The effective date of the
determination will be the date of
publication in the U.S. Federal
Register.
(4) Insufficient Information to
Determine. CITA will extend its
time period for consideration of the
Request by an additional 14 U.S.
business days in the event that
CITA determines, not later than 30
U.S. business days after official
receipt of a Request, that it has
insufficient information to make a
determination regarding the ability
of a US-PERU TPA supplier to
supply the subject products of the
Request based on the submitted
information. CITA will normally
determine that it does not have

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sufficient information to make a
determination on a Request when
CITA finds there is inconsistency in
material information contained in
the Request, one or more
Responses, and/or the Rebuttal(s).
CITA will notify interested parties
via email that it has extended the
time period for CITA’s
consideration by 14 U.S. businessdays. CITA also will announce the
extension on the Web site for USPERU TPA commercial availability
proceedings.
(i) Process during Extension Period:
During the extended time period,
CITA will request that interested
entities provide additional evidence
to substantiate the information
provided, and may initiate a
meeting with interested entities.
Such evidence may include, inter
alia, product samples, lab tests,
detailed descriptions of product
facilities, and comparisons of
product performance in the
intended end-use of the subject
product. Any samples, if requested,
of fibers, yarns, or fabrics, that are
provided to CITA will be made
available for public inspection at
the Office of Textiles and Apparel,
Room 3110, U.S. Department of
Commerce, 14th St. and
Constitution Ave., N.W.,
Washington, DC 20230. All written
submissions must follow
instructions described in Section 3
of these procedures. Samples
should be identified with a cover
sheet that describes the
specifications of the sample and be
identical to the specifications of the
Request. If CITA conducts a
meeting, it will comply with
requirements to conduct
proceedings in an open manner.
(ii) CITA also will consider evidence
in support of claims that US-PERU
TPA supplier(s) can supply a
substantially similar product to that
specified in the Request.
(iii) CITA will make a determination,
not later than 44 U.S. business days
after the official receipt of a Request
whether to approve, approve with
restriction, or deny the Request and
will follow the notification process
accordingly.
(5) Deemed Approval. In the event that
CITA does not make a
determination in response to a
Request to add a product to Annex
3-B of the Agreement within the
statutory deadlines provided, not
later than 45 U.S. business-days
after the official receipt of the
Request or not later than 60 U.S.
business-days after the official

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receipt of the Request that was
determined to lack sufficient
information pursuant to Section
8(c)(4) of these Procedures, the
requested subject product shall be
added to the Commercial
Availability List in Annex 3-B, in
an unrestricted quantity, in
accordance with the requirements
of section 203(o)(4)(D) of the USPERU TPA. CITA will notify the
public of the deemed approval by
publication in the U.S. Federal
Register and posting on OTEXA’s
Web site.
9. Submitting a Request to Remove or
Restrict
(a) Request to Remove or Restrict. No
earlier than six months after a product
has been added to the Commercial
Availability List in Annex 3-B in an
unrestricted quantity pursuant to
Section 203(o)(4)(C)(iii) or (vi) of the
US-PERU TPA, an interested entity may
submit a request to CITA requesting that
a product be either removed or that a
quantity restriction be introduced. See
Section 203(o)(4)(E)(i) of the US-PERU
TPA.
(b) Content of a Request to Remove or
Restrict. The Request to Remove or
Restrict must provide the substantive
information set forth in Section 6(b)
(Contents of a Response with an Offer to
Supply) of these procedures.
(c) Procedures.
(1) In considering whether to accept a
Request to Remove or Restrict,
CITA will follow procedures set
forth in Section 5 (Consideration
and Acceptance of a Request) of
these procedures.
(2) If CITA determines to accept the
Request to Remove or Restrict,
CITA and any responding interested
entity shall follow applicable
procedures and contents set forth in
subsection 6(a) (Response with an
Offer to Supply) and Section 7
(Submitting a Rebuttal Comment) of
these procedures.
(3) As set forth in subsections 8(a) and
(b) (Determination Process) of these
procedures, CITA will determine
whether the subject product of the
Request to Remove or Restrict is
available in commercial quantities
in a timely manner from a US-PERU
TPA supplier not later than 30 U.S.
business days after the official
receipt of the Request to Remove or
Restrict.
(i) If CITA determines that the
product is available in commercial
quantities in a timely manner in the
United States or Peru, e.g., that a
US-PERU TPA supplier is capable
to supply the entire subject product
requested originally, then that

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product will be removed from the
Commercial Availability List in
Annex 3-B of the Agreement.
(ii) If CITA determines that the
product is available in restricted
quantities in a timely manner in the
United States or Peru, e.g., that a
US-PERU TPA supplier is capable
to supply part of the subject
product requested originally then a
restricted quantity will be
introduced for that product.
(iii) If the Commercial Availability
List changes as a result of CITA’s
determination for the Request to
Remove or Restrict, CITA will
notify interested parties by email of
its determination and will publish a
notice of its determination for the
Request to Remove or Restrict in the
U.S. Federal Register.
(A) For removal, the notice of
determination will state that textile
and apparel articles containing the
subject product are not to be treated
as originating in either the United
States or Peru if the subject product
is obtained from sources outside the
United States or Peru, effective for
goods entered into the United States
on or after six months (i.e., 180
calendar days) after the date of
publication of the notice. See
Section 203(o)(4)(E)(iv) of the USPERU TPA.
(B) For restriction, the notice of
determination will specify the
restricted quantity for the subject
product that is to be effective on or
after six months (i.e., 180 calendar
days) after the publication date of
the notice. See Section
203(o)(4)(E)(iv) of the US-PERU
TPA.
Request for Comment on the Interim
procedures
Comments on the above Interim
Procedures must be received no
later than September 14, 2009, and
in the following format:
(1) Comments must be in English.
(2) Comments must be submitted
electronically or in hard copy, with
original signatures.
(3) Comments submitted
electronically, via an electronic
mail (‘‘email’’), must be either in
PDF, Word, or Word-Perfect format,
and sent to the following email
address:
OTEXAlPERU@ita.doc.gov. The
email version of the comments must
include an original signature.
Further, the comments must have a
bolded heading stating ‘‘Public
Version’’, and no business
confidential information may be
included. The email version of the
comments will be posted for public

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review on the Web site dedicated to
US-PERU TPA commercial
availability proceedings.
(4) Comments submitted in hard copy
must include original signatures
and must be mailed to the
Chairman, Committee for the
Implementation of Textile
Agreements, Room 3100, U.S.
Department of Commerce, 14th and
Constitution Avenue N.W.,
Washington, D.C. 20230. All
comments submitted in hard copy
will be made available for public
inspection at the Office of Textile
and Apparel, Room 3100, U.S.
Department of Commerce, 14th and
Constitution Avenue N.W.,
Washington, D.C., between the
hours of 8:30 a.m. and 5:00 p.m. on
business days.
(5) Any business confidential
information upon which an
interested person wishes to rely
may only be included in a hard
copy version of the comments.
Brackets must be placed around all
business confidential information.
Comments containing business
confidential information must have
a bolded heading stating
‘‘Confidential Version.’’
Attachments considered business
confidential information must have
a heading stating ‘‘Business
Confidential Information’’. The
Committee will protect from
disclosure any business
confidential information that is
marked ‘‘Business Confidential
Information’’ to the full extent
permitted by law.
Classification
Administrative Procedure Act
These procedures are not subject to
the requirement to provide prior notice
and opportunity for public comment,
pursuant to 5 U.S.C. 553(a)(1)
(‘‘Administrative Procedures Act’’).
Paperwork Reduction Act
This document contains collection of
information requirements subject to the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The information collection
has been approved by OMB under
Control Number: 0625-0265.
Estimate of Burden to the Public for
Collection of Information and Request
for Public Comment: In accordance with
Section 203(o) of the US-PERU TPA and
as reflected in the Interim Procedures
for commercial availability proceedings,
CITA must collect certain information
about the technical specifications of a
fabric, yarn, or fiber and the production
capabilities of Peruvian and U.S. textile
producers to determine whether certain
fabrics, yarns, or fibers are available in

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commercial quantities in a timely
manner in the United States or Peru.
CITA submitted to the Office of
Management and Budget (‘‘OMB’’) for
Clearance its Interim Procedures
requiring the collection of information
under the emergency provisions of the
Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. Chapter 35). In
accordance with the PRA, CITA has
estimated the ‘‘burden’’ (in number of
hours) on the public to submit
information required by CITA under its
Interim Procedures. In a Federal
Register notice published on July 31,
2009, (74 FR 38169), CITA solicited
public comment on its estimated
burden. CITA hereby provides the
public further opportunity to provide
comment on its estimates of the burden
on the public to submit information to
CITA under the Interim Procedures.
Estimate of Burden as a Result of
Information Collection: Based on
estimates on the number of Requests,
Rebuttals and Responses filed per year,
and the average amount of time required
to submit a Request, Rebuttal, and
Response, CITA estimates that the total
annual burden to the public is 89 hours.
A further breakdown of its estimates for
the number of hours to collect and
provide information to CITA for
Requests, Responses and Rebuttals is
provided in detail below.
Requests: CITA estimates that 10
Requests will be filed per year under the
US-PERU TPA commercial availability
provision. Based on the following
activities required to submit a Request,
CITA estimates that the total time to
collect and present information in a
Request is 8 hours, for a total of 80
hours per year.
Activity: Request

Time Required

Due Diligence
Summarizing Due Diligence and Preparing
Request
Preparing Supporting Documentation
Total Time per Request
Times 10 Requests per
Year

5 hours
2 hours

Total Time per Response
Times 3 Responses per
Year

2 hours
6 hours

Rebuttals: CITA estimates that 3
Rebuttals will be filed per year. The
average amount of time required to
prepare each Rebuttal is estimated at 1
hour, for a total annual burden for all
Rebuttals of 3 hours.
Activity: Rebuttal

Time Required

Preparing Rebuttal
Total Time per Response
Times 3 Responses per
Year

1 hour
1 hour
3 hours

Combined, these three information
collections represent an annual burden
of 89 hours. CITA hereby requests
public comment on its estimates for the
burden to the public to collect and
submit information in the course of a
commercial availability proceeding
under Section 203(o) of the US-PERU
TPA and the Interim Procedures
provided above. Copies of the above
estimate can be obtained by calling or
writing Diana Hynek, Departmental
Paperwork Clearance Officer, (202) 4820266, Department of Commerce, Room
7845, 14th & Constitution Avenue, NW,
Washington, DC 20230 or via the
Internet at DHynek@doc.gov. Written
comments and recommendations for the
estimate of the burden to the public
should be sent to Wendy Liberante,
OMB Desk Officer, via the Internet at
WendylL.lLiberante@omb.eop.gov or
fax (202) 395-7285 by September 14,
2009.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
Paperwork Reduction Act unless that
collection displays a currently valid
OMB Control Number.
Janet E. Heinzen,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. E9–19559 Filed 8–13–09; 8:45 am]

1 hour
8 hours
80 hours

mstockstill on DSKH9S0YB1PROD with NOTICES

BILLING CODE 3510–DS

Responses: CITA estimates that 3
Requests will be filed per year under the
US-PERU TPA commercial availability
provision. Based on the following
activities required to submit a Request,
CITA estimates that the total time to
collect and present information in a
Response is 2 hours, for a total of 6
hours per year.
Time Required

Preparing Response
Preparing Supporting Documentation

1 hours and 30 minutes
30 minutes

16:27 Aug 13, 2009

Jkt 217001

Request for Public Comment on Short
Supply Petition under the North
American Free Trade Agreement
(NAFTA)
August 11, 2009.

Activity: Response

VerDate Nov<24>2008

COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS

AGENCY: Committee for the
Implementation of Textile Agreements
(CITA).

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41119

ACTION: Request for Public Comments
concerning a request for modification of
the NAFTA rules of origin for articles of
apparel and clothing accessories, not
knitted or crocheted made from certain
yarn-dyed poplin fabric.
SUMMARY: On August 5, 2009, the
Chairman of CITA received a request
from Sorini Samet & Associates LLC, on
behalf of Cintas Corporation (‘‘Cintas’’),
alleging that certain yarn-dyed poplin
fabric, as specified below, classified
under subheading 5513.31 of the
Harmonized Tariff Schedule of the
United States (HTSUS), cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner and requesting that CITA
consider whether the North American
Free Trade Agreement (NAFTA) rule of
origin for articles of apparel and
clothing accessories, not knitted or
crocheted, classified under HTSUS
Chapter 62, should be modified to allow
the use of certain non-North American
yarn-dyed poplin fabric, as specified
below. The President may proclaim a
modification to the NAFTA rules of
origin only after reaching an agreement
with the other NAFTA countries on the
modification. CITA hereby solicits
public comments on this request, in
particular with regard to whether
certain yarn-dyed poplin fabric, as
specified below, can be supplied by the
domestic industry in commercial
quantities in a timely manner.
Comments must be submitted by
September 14, 2009 to the Chairman,
Committee for the Implementation of
Textile Agreements, Room 3001, United
States Department of Commerce,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3651.
SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural
Act of 1956, as amended (7 USC 1854);
Section 202(q) of the North American Free
Trade Agreement Implementation Act (19
USC 3332(q)); Executive Order 11651 of
March 3, 1972, as amended.

BACKGROUND:
Under the North American Free Trade
Agreement (NAFTA), NAFTA countries
are required to eliminate customs duties
on textile and apparel goods that qualify
as originating goods under the NAFTA
rules of origin, which are set out in
Annex 401 to the NAFTA. The NAFTA
provides that the rules of origin for
textile and apparel products may be
amended through a subsequent
agreement by the NAFTA countries. See

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