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Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR”)
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This PDF is FR Doc. 2026-11693 as it appeared on Public Inspection on
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Published Document: 2026-11693 (91 FR 35468)
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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.
SUMMARY:
The Committee for the Implementation of Textile Agreements (“CITA”) has determined that certain double weave nylon/polyester/spandex fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product is added to the list in Annex 3.25 of the CAFTA-DR in unrestricted quantities.
Kayla Johnson, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-2532 or
Kayla.Johnson@trade.gov.
SUPPLEMENTARY INFORMATION:
Authority:
The CAFTA-DR; Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (“CAFTA-DR Implementation Act”), Public Law 109-53; the Statement of Administrative Action accompanying the CAFTA-DR Implementation Act; and Presidential Proclamation 7987 (February 28, 2006).
Background:
The CAFTA-DR provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA-DR have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA-DR provides that this list may be modified pursuant to Article 3.25.4, when 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;
see also
section 203(o)(4)(C) of the CAFTA-DR Implementation Act.
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 Proclamation 7987, 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 the 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) (“CITA's Procedures”).
On April 30, 2026, CITA received a Commercial Availability Request (“Request”) from AG Business Consulting on behalf of VARSITY PRO LTDA DE C.V. (“Varsity”) for certain double weave nylon/polyester/spandex fabric, as specified below. On May 4, 2026, 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
( printed page 35469)
proceedings. In its notification, CITA advised that any Response with an Offer to Supply (“Response”) must be submitted by May 14, 2026, and any Rebuttal to a Response (“Rebuttal”) must be submitted by May 20, 2026, in accordance with sections 6 and 7 of CITA's Procedures. No interested entity submitted a complete Response to the Request advising CITA of its objection to the Request with an 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.
The subject product has been added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities. A revised list has been posted on the dedicated website for CAFTA-DR Commercial Availability proceedings, at
https://otexaprod.trade.gov/otexacapublicsite/shortsupply/cafta.
Specifications: Certain Double Weave Nylon/Polyester/Spandex Fabric