Friday, December 1, 2023

CAFTA Commercial Availability: Notice of 14 Business Day Extension and Public Meeting

The Committee for the Implementation of Textile Agreements (CITA) is considering a Commercial Availability Request for Certain Two-Way Stretch Polyester/Spandex Woven Fabric under the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR”).

The record of the Request, Response, and Rebuttal may be found on OTEXA’s website under reference number CA2023001 for KONFFETTY S.A. DE C.V.

In accordance with Section 8(c)(4) of CITA’s procedures, because there is insufficient information on the record to make a determination regarding the ability of a CAFTA-DR supplier to supply the subject product, CITA is extending the time period for its consideration of the Request by an additional 14 U.S. business days. CITA will publish its determination in this proceeding no later than January 5, 2024.

CITA has scheduled a meeting with representatives of the interested entities in this proceeding: the requester, Konffetty S.A. de C.V., (“Konffetty”) and the responder, Summitex Woven Fabrics (“Summitex”). CITA has proposed a meeting at 2:00 pm EST on Wednesday, December 6, 2023, via Microsoft Teams.

In accordance with section 8(c)(4) of CITA’s procedures, the purpose of the meeting is to allow the interested entities, Konffetty and Summitex, to provide additional evidence in support of their claims. Such evidence may include product samples, lab tests, technical reports and/or papers relating to the production of the subject fabric, detailed descriptions of production facilities and equipment, and any other relevant information (See section 8(c)(4)(i) of CITA’s procedures). Any additional information submitted during this meeting will be part of the public record, unless properly marked as business confidential (See section 3(a)(3) of CITA’s procedures).

While the meeting will be open to the public, only interested entities as defined in section 2(b) of CITA’s procedures who have submitted either a request or an offer to supply in this proceeding (namely, Konffetty and Summitex) may participate.

During the meeting, the Chairman will provide opening remarks; Konffetty will provide a brief overview of the evidence and arguments raised in its commercial availability request; Summitex will provide an overview of the evidence and arguments raised in its response submission and then substantiate its belief that it is able to supply the subject product; and then Konffetty will present its evidence and arguments substantiating its belief that Summitex cannot supply the subject product. CITA intends to allow Konffetty and Summitex to engage in a discussion and ask questions only when necessary to clarify information presented by either entity. At any time, CITA, Konffetty, or Summitex may request a closed session to discuss business confidential information, which would be held in a separate, virtual Microsoft Teams meeting room.

Please contact Laurie Mease at Laurie.Mease@trade.gov with questions regarding the format of the meeting or to register to attend. When registering, interested parties are also asked to indicate any request for reasonable accommodation, and to provide any accommodation request as soon as possible.

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