On behalf of Channel Fabrics of New York City, we herewith submit this request regarding a finding of commercial availability pursuant to the provisions of Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) Implementation Act and your Federal Register notices of February 21, 2006 and March 15, 2007 with respect to certain woven fabrics which Channel wishes to use in the manufacture of apparel in DR-CAFTA partner countries. By means of this letter, we request that the subject fabrics be added to Annex 3.25 of the Agreement.
The fabrics in question are two-way stretch (BiStretch) fabrics consisting of a spun polyester/rayon warp wrapped around a spandex filament core and a filament polyester filling also wrapped around a spandex core. The subject fabrics are similar in the written description to fabrics which have already been added to DR-CAFTA Annex 3.25 (as items no. 73, 74 and 75).
The difference being that the instant fabrics have a filling of filament polyester yarn rather than spun polyester/rayon yarn which results in a fabric with increased tensile strength, increased bursting strength and improved seam slippage per unit of weight.
The subject fabrics are classifiable under HTS subheadings 5407.92.20 and 5407.93.20. Further details are shown in the accompanying Exhibit, but the distinguishing feature of all is that the warp yarns are long staple polyester and rayon and must be spun on the Synthetic System or other long staple spinning system.
In addition, the stated yarn sizes for spandex (40 to 70 denier/ 225 to 126 metric) relate to the size of the yarns prior to being wrapped and woven. The finished fabric and any garments made therefrom may contain spandex fibers with yarn sizes outside of this range.
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Committee for the Implementation of Textile Agreements
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