interested entity
(4) Fabrics, yarns, or fibers not available in commercial quantities in the CAFTA–DR countries (A) In general Notwithstanding paragraph 3(A), the list of fabrics, yarns, and fibers set out in Annex 3.25 of the Agreement may be modified as provided for in this paragraph. (B) Definitions In this paragraph: (i) The term “interested entity” means the government of a CAFTA–DR country other than the United States, a potential or actual purchaser of a textile or apparel good, or a potential or actual supplier of a textile or apparel good. (ii) All references to “day” and “days” exclude Saturdays, Sundays, and legal holidays. (C) Requests to add fabrics, yarns, or fibers (i) An interested entity may request the President to determine that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries and to add that fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement in a restricted or unrestricted quantity. (ii) After receiving a request under clause (i), the President may determine whether— (I) the fabric, yarn, or fiber is available in commercial quantities in a timely manner in the CAFTA–DR countries; or (II) any interested entity objects to the request. (iii) The President may, within the time periods specified in clause (iv), proclaim that a fabric, yarn, or fiber that is the subject of a request submitted under clause (i) is added to the list in Annex 3.25 of the Agreement in an unrestricted quantity, or in any restricted quantity that the President may establish, if the President determines under clause (ii) that— (I) the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries; or (II) no interested entity has objected to the request. (iv) The time periods within which the President may issue a proclamation under clause (iii) are— (I) not later than 30 days after the date on which the request is submitted under clause (i); or (II) not later than 44 days after the request is submitted, if the President determines, within 30 days after the date on which the request is submitted, that the President does not have sufficient information to make a determination under clause (ii). (v) Notwithstanding section 4013(a)(2) of this title , a proclamation made under clause (iii) shall take effect on the date on which the text of the proclamation is published in the Federal Register. (vi) Not later than 6 months after proclaiming under clause (iii) that a fabric, yarn, or fiber is added to the list in Annex 3.25 of the Agreement in a restricted quantity, the President may eliminate the restriction if the President determines that the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries. (D) Deemed approval of request If, after an interested entity submits a request under subparagraph (C)(i), the President does not, within the applicable time period specified in subparagraph (C)(iv), make a determination under subparagraph (C)(ii) regarding the request, the fabric, yarn, or fiber that is the subject of the request shall be considered to be added, in an unrestricted quantity, to the list in Annex 3.25 of the Agreement beginning— (i) 45 days after the date on which the request was submitted; or (ii) 60 days after the date on which the request was submitted, if the President made a determination under subparagraph (C)(iv)(II). (E) Requests to restrict or remove fabrics, yarns, or fibers (i) Subject to clause (ii), an interested entity may request the President to restrict the quantity of, or remove from the list in Annex 3.25 of the Agreement, any fabric, yarn, or fiber— (I) that has been added to that list in an unrestricted quantity pursuant to paragraph (2) or subparagraph (C)(iii) or (D); or (II) with respect to which the President has eliminated a restriction under subparagraph (C)(vi). (ii) An interested entity may submit a request under clause (i) at any time beginning 6 months after the date of the action described in subclause (I) or (II) of that clause. (iii) Not later than 30 days after the date on which a request under clause (i) is submitted, the President may proclaim an action provided for under clause (i) if the President determines that the fabric, yarn, or fiber that is the subject of the request is available in commercial quantities in a timely manner in the CAFTA–DR countries. (iv) A proclamation declared under clause (iii) shall take effect no earlier than the date that is 6 months after the date on which the text of the proclamation is published in the Federal Register. (F) Procedures The President shall establish procedures— (i) governing the submission of a request under subparagraphs (C) and (E); and (ii) providing an opportunity for interested entities to submit comments and supporting evidence before the President makes a determination under subparagraph (C)(ii) or (vi) or (E)(iii).