The modal-polyester print fabric to be added to Annex 3.25 is has a thread count of 31 to 60 warp ends per cm (metric) and 25 to 40 filling picks per cm (metric). Its weave type includes plain weave, or twill or dobby or jacquard or oxford or satin. The weight of the fabric is 100-300 grams per square metre and its width is 137-153 cm.
The CAFTA-DR agreement provides a list in Annex 3.25 for fabrics, yarns, and fibres 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 and 3.25.5, when the President of the US determines that a fabric, yarn, or fibre is not available in commercial quantities in a timely manner in the territory of any party.
The CAFTA-DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential 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. Pursuant to this authority, on September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any party to CAFTA-DR.
On March 20, 2017, the chairman of CITA received a request for a Commercial Availability determination from BWA Inc. and Dillard's Inc. for certain woven modal-polyester print fabric. On March 21, 2017, 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 must be submitted by April 3, 2017, and any rebuttal comments to a response must be submitted by April 7, 2017, in accordance with sections 6 and 7 of CITA's procedures. No interested entity submitted a response to the request advising CITA of its objection to the request and its offer 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 providing an offer 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. (KD)
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