Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement

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Dated: May 7, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–11314 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P

COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
[Docket #: 130425410–3410–01; OMB
Control #: 0625–0273 (Expiration: 04/30/
2016)]
RIN 0625–XC005

Interim Procedures for Considering
Requests Under the Commercial
Availability Provision of the United
States-Panama Trade Promotion
Agreement
Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Notice of Interim Procedures
and Request for Comments.
AGENCY:

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-Panama Trade Promotion
Agreement (‘‘US-Panama TPA’’).
Section 203(o)(4) of the United StatesPanama Trade Promotion Agreement
Implementation Act (‘‘Implementation
Act’’) [Public Law 112–43] authorizes
the President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Panama as set out in Annex
3.25 of the US-Panama TPA. 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
Panama 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 for any such determination
pursuant to the Implementation Act.
CITA hereby gives notice to interested
entities of the procedures CITA will
follow in considering such requests and
solicits public written comments on
these interim procedures. CITA will be
using the procedures detailed in this
notice as of May 14, 2013.
DATE: Comments on the interim
procedures must be received no later
than June 13, 2013 of this notice, either
in hard copy or electronically.

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SUMMARY:

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If submitting comments in
hard copy, an original, signed hard copy
must be submitted to the Chairman,
Committee for the Implementation of
Textile Agreements, Room 30003, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230. If submitting
comments electronically, the electronic
copy must be submitted to
OTEXA_PANAMA@trade.gov. All
submitted comments will be posted for
public review on the Web site dedicated
to US-Panama TPA commercial
availability proceedings. The Web site is
located on the U.S. Department of
Commerce’s Office of Textile and
Apparel Web site (http://
otexa.ita.doc.gov), under ‘‘Commercial
Availability’’/‘‘Panama TPA.’’
Additional instructions regarding the
submission of comments may be found
at the end of this notice.
FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3400.
SUPPLEMENTARY INFORMATION:

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. 8894 (77 FR
66507, November 5, 2012), 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 3.25
of the US-Panama TPA.
Pursuant to that delegation, CITA
provides below its interim procedures
governing the submission of requests
under Section 203(o)(4) set forth in the
Implementation Act. As of May 14,
2013, CITA intends to use these
procedures to process requests for
modifying the list of fabrics, yarns, or
fibers not available in commercial
quantities. CITA intends to publish its
final procedures after considering any
public comments received pursuant to
its request for comments.

Legal Authority: Section 203(o) of the
Implementation Act and Proclamation No.
8894, 77 FR 66507 (November 5, 2012).

1. Introduction

ADDRESSES:

Background
The US-Panama TPA provides a list
in Annex 3.25 for fabrics, yarns, and
fibers that the United States has
determined are not available in
commercial quantities in a timely
manner from producers in the United
States or Panama. A textile or apparel
good must satisfy the specific rules of
origin in Annex 4.1 of the US-Panama
TPA as well as other requirements of the
Agreement. However, a textile and
apparel good containing fabrics, yarns,
or fibers that are included on the list in
Annex 3.25 of the US-Panama TPA will
be treated as if it is an originating good
for purposes of the US-Panama TPA,
regardless of the actual origin of those
inputs in accordance with the specific
rules of origin in Annex 4.1, Notes to
Section XI. The Implementation Act
provides that the President will
establish procedures governing the
submission of requests under Section
203(o)(4) (‘‘the commercial availability
provision’’), and as set forth in the USPanama 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 Panama.
In addition, Section 203(o)(4) of the
Implementation Act establishes that the
President may restrict the quantity of, or
remove a fabric, yarn, or fiber from the
list, if it has been added to the list in

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Interim Procedures
The intent of these procedures is to
foster trade in U.S. and Panamanian
textile and apparel articles by allowing
non-originating fibers, yarns, or fabrics
to be placed on or removed from a list
of items not available in commercial
quantities in a timely manner, 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 the
products that are the subject of the
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
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
(‘‘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

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Annex 3.25 of the US-Panama TPA in a
restricted or unrestricted quantity
because that fiber, yarn, or fabric is not
available in commercial quantities in a
timely manner from a US-Panama TPA
supplier.
(b) Commercial Availability List. The
Commercial Availability List is the list
of products (fibers, yarns, and/or
fabrics) in Annex 3.25 of the US-Panama
TPA that have been determined to be
not commercially available from USPanama 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’’)
classification.
(d) Interested Entity. An ‘‘interested
entity’’ means the government of
Panama, 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
Implementation Act.
(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 OTEXA_PANAMA@trade.gov,
or through the Web site dedicated to
commercial availability proceedings
under the US-Panama TPA (‘‘Web site’’).
The Web site is located on the U.S.
Department of Commerce’s Office of
Textile and Apparel Web site (http://
otexa.ita.doc.gov), under ‘‘Commercial
Availability’’/‘‘Panama TPA.’’
(f) Official Receipt. The ‘‘official
receipt’’ is CITA’s email confirmation
that it has received both the electronic
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
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
requesting that CITA either remove a
product or that a quantity restriction be
introduced, made no sooner than six
months after a product has been added
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Annex 3.25 of the US-Panama TPA in
an unrestricted quantity pursuant to
Section 203(o)(4) of the Implementation
Act.
(i) Requestor. The ‘‘Requestor’’ refers
to the interested entity that files a
Commercial Availability Request or a
Request to Remove or Restrict, under
the commercial availability provision of
the US-Panama 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 Commercial Availability 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 Implementation
Act.
(l) US-Panama TPA Supplier. A ‘‘USPanama TPA Supplier’’ is a potential or
actual supplier of a textile or apparel
good of a producer.
3. Submissions for Participation in a
US-Panama TPA Commercial
Availability Proceeding
(a) Filing a Submission. All
submissions in a US-Panama 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: email and an original signed
submission.
(1) An electronic version of the
submission must be either in PDF,
Word, or Word-Perfect format, must
contain an adequate public summary of
any business confidential information
and the due diligence certification, and
be sent to OTEXA_PANAMA@trade.gov.
The electronic version of the submission
will be posted for public review on the
US-Panama TPA commercial
availability Web site. No business
confidential information should be
submitted in the electronic 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 30003, U.S. Department of
Commerce, 14th and Constitution Ave.

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NW., 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 electronically, 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-Panama 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. An
interested entity must file a certification
of due diligence as described in
subsection (b)(1) with each submission,
both electronic and original signed
versions, containing factual information.
If the interested entity has legal counsel
or other representation, the legal
counsel or other representative must
also file a certification of due diligence
as described in subsection (b)(2) with
each submission, both electronic and
original signed versions, containing
factual information. Accurate
representations of material facts
submitted to CITA for the US-Panama
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 USPanama TPA commercial availability
proceeding.

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(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 electronic
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-Panama TPA commercial
availability Web site.
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-Panama TPA
supplier.
(b) Contents of a Commercial
Availability Request.
(1) Detailed Product Information. The
Request must provide a detailed
description of the subject product,
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

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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-Panama 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 Panama.
(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 Panama. Due diligence for the
requestor means it has made reasonable
efforts to obtain the subject product
from US-Panama TPA suppliers.
(i) Generally: The requestor must
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-Panama TPA
suppliers: Requestors must make
reasonable efforts to identify USPanama TPA suppliers in the United
States or Panama. Requestors should
identify US-Panama TPA suppliers
through a number of means, including

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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
Panama may not constitute due
diligence. Rather, reasonable efforts
must be taken to identify US-Panama
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 US-Panama 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-Panama TPA
suppliers. Third party communications
are no substitute for meaningful
dialogue between appropriate officials.
Once interest is expressed between
requestors and US-Panama TPA
suppliers, subsequent communications
should be conducted by appropriate
officials of the requestor and USPanama 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 to USPanama 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-Panama 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-Panama TPA suppliers its standard
business practice with respect to the
provision of samples. While requestors
may request a sample, a US-Panama
TPA supplier is not required to provide

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a sample under CITA’s procedures.
However, CITA notes that US-Panama
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-Panama TPA suppliers.
In its inquiries to US-Panama 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 US-Panama 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 must be supported by
measurable criteria. If, in the course of
due diligence, a US-Panama TPA
supplier proposes a substitutable
product, the requestor must provide
reasonable justifications to the USPanama 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 USPanama 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 USPanama 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

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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-Panama
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 supplier in the United
States or Panama.
5. Consideration and Acceptance of a
Request
In considering whether to accept a
Request, CITA will consider and
determine whether the Request provides
all the required information specified in
Sections 3 and 4 of these Procedures.
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 Web
site for public notice. The email

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notification and the Web site 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 USPanama 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
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.
(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 USPanama 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 US-Panama
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 USPanama TPA supplier, then the supplier
must provide detailed information on its
current ability to make the subject

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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-Panama 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 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-Panama
TPA supplier’s rationale that other
products that are supplied by the USPanama 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-Panama
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 USPanama TPA supplier was not
responsive, a US-Panama 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 USPanama TPA supplier to substantiate
the ability to supply the subject product.
If a US-Panama 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-Panama TPA supplier has
been responsive to a requestor in the
undertaking of due diligence, the USPanama 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

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the US-Panama TPA supplier’s claim to
supply the subject product, or one
substitutable, in commercial quantities
in a timely manner.
(ii) If a US-Panama 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-Panama TPA supplier does not
provide such information, it must,
subject to 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 US-Panama
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 USPanama 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-Panama 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-Panama 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-Panama TPA supplier’s
rationale that other products that are
supplied by the US-Panama 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.

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(vii) Nothing in these procedures shall
require any US-Panama TPA supplier to
provide business confidential or other
commercially sensitive information to a
requestor. However, a US-Panama TPA
supplier must provide the requestor a
reasonable explanation why such
information was not provided and why
the information it has provided
sufficiently supports its offer to supply.
(5) Location of the US-Panama 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. Any interested
entity may submit a Rebuttal to a
Response. An interested entity must
submit its Rebuttal not later than 4 U.S.
business-days after the deadline for
Response. If good cause is shown, CITA
may extend the time limit.
(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 will post a notice on its Web site
whether the subject product is available
in commercial quantities in a timely
manner in the United States or Panama
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
3.25 of the US-Panama TPA.
(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
Panama. If a Request is denied, notice
of the denial will be posted on the US-

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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
Panama TPA Commercial Availability
Web site.
(i) Denial of Requests for Downstream
Products with Inputs Not Commercially
Available: If, during 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 Panama
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 3.25 of the US-Panama
TPA. 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 3.25 of the
US-Panama TPA with a specified
restricted quantity. CITA may approve
the Request in a restricted quantity if
CITA determines that a US-Panama 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-Panama 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 Request, adding the

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subject product to the Commercial
Availability List in Annex 3.25 of the
US-Panama TPA with a specified
restricted quantity. The restricted
quantity specifies the amount of the
subject product that can be provided by
a US-Panama 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: Not later than six months after
adding a product to the Commercial
Availability List in Annex 3.25 of the
US-Panama TPA 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 Panama. See Section 203(o)(4)(C)(vi)
of the Implementation Act.
(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 USPanama TPA supplier(s). CITA will
solicit comments and information from
the US-Panama TPA supplier(s) and the
requestor.
(B) If the US-Panama TPA supplier(s)
are still capable of providing the
restricted quantity, the restriction will
remain.
(C) If the US-Panama TPA supplier(s)
are unable to provide the restricted
quantity, CITA will eliminate the
quantity restriction. CITA will publish a
notice in the U.S. Federal Register, and
post on the Web site, that the quantity
restriction is eliminated and the subject
product is added to the Commercial
Availability List in Annex 3.25 of the
US-Panama TPA 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-Panama TPA supplier to supply the
subject products of the Request based on
the submitted information. CITA will
normally determine that it does not
have 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. business days. CITA also will

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announce the extension on the Web site
for US-Panama 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
30003, U.S. Department of Commerce,
14th St. and Constitution Ave. NW.,
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-Panama
TPA supplier(s) can supply a
substantially similar product to that
specified in the Request.
(ii) 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 the Commercial
Availability List in Annex 3.25 of the
US-Panama TPA 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
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
3.25 of the US-Panama TPA, in an
unrestricted quantity, in accordance
with the requirements of section
203(o)(4)(D) of the Implementation Act.
CITA will notify the public of the
deemed approval by publication in the
Federal Register and posting on
OTEXA’s Web site.

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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 3.25 of the
US-Panama TPA in an unrestricted
quantity pursuant to Sections 203(o)(2),
203(o)(4)(C)(iii) or (vi), or 203(o)(4)(D) of
the Implementation Act, an interested
entity may submit a request to CITA
requesting that a product be either
removed from the List in Annex 3.25 or
that a quantity restriction be introduced.
See Section 203(o)(4)(E)(i) of the
Implementation Act.
(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-Panama 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 Panama, then that
product will be removed from the
Commercial Availability List in Annex
3.25 of the US-Panama TPA.
(ii) If CITA determines that the
product is available in restricted
quantities in a timely manner in the
United States or Panama, then a
restricted quantity will be introduced
for that product.
(iii) If the Commercial Availability
List in Annex 3.25 of the US-Panama
TPA 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
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Remove or Restrict in the U.S. Federal
Register.
(A) For removal, the notice of
determination will state that textile and
apparel good containing the subject
product are not to be treated as
originating in either the United States or
Panama if the subject product is
obtained from sources outside the
United States or Panama, 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 Implementation Act.
(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
Implementation Act.
Request for Comments on the Interim
Procedures
Comments must be received no later
than June 13, 2013, 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 must be either in PDF,
Word, or Word-Perfect format, and sent
to the following email address:
OTEXA_PANAMA@trade.gov.
Comments submitted electronically will
be posted for public review on the Web
site dedicated to US-Panama TPA
commercial availability proceedings.
(4) Comments submitted in hard copy
must be original signed documents and
must be mailed to the Chairman,
Committee for the Implementation of
Textile Agreements, Room 30003, U.S.
Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC 20230. Comments submitted in hard
copy will be made available for public
inspection at the Office of Textiles and
Apparel, Room 30003, U.S. Department
of Commerce, 14th and Constitution
Avenue NW., Washington, DC, between
the hours of 8:30 a.m. and 5:00 p.m. on
business days. In addition, comments
submitted in hard copy will also be
posted for public review on the Web site
dedicated to US-Panama TPA
commercial availability proceedings.
Kim Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. 2013–11455 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P

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COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
10:00 a.m., Thursday,
May 16, 2013.
PLACE: CFTC Headquarters Conference
Center, Three Lafayette Centre, 1155
21st St. NW., Washington, DC.
STATUS: Open.
MATTERS TO BE CONSIDERED: The
Commission has scheduled this meeting
to consider various rulemaking matters,
including the issuance of interpretive
guidance and policy statement and the
approval of final rules. The agenda for
this meeting is available to the public
and posted on the Commission’s Web
site at http://www.cftc.gov. In the event
that the time, date, or place of the
meeting changes, an announcement of
the change, along with the new time,
date, or place of the meeting, will be
posted on the Commission’s Web site.
CONTACT PERSON FOR MORE INFORMATION:
Melissa D. Jurgens, Secretary of the
Commission, 202–418–5516.
TIME AND DATE:

Melissa D. Jurgens,
Secretary of the Commission.
[FR Doc. 2013–11506 Filed 5–10–13; 11:15 am]
BILLING CODE 6351–01–P

BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2013–0014]

Agency Information Collection
Activities; Comment Request
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Consumer Financial
Protection Bureau (Bureau) is proposing
to renew the Office and Management
and Budget (OMB) approval for an
existing information collection titled,
Truth in Savings (Regulation DD) 12
CFR 1030.
DATES: Written comments are
encouraged and must be received on or
before July 15, 2013 to be assured of
consideration.
SUMMARY:

You may submit comments,
identified by the title of the information
collection, OMB Control Number (see
below), and docket number (see above),
by any of the following methods:
• Electronic: http://
www.regulations.gov. Follow the
instructions for submitting comments.

ADDRESSES:

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