CBTPA Beneficiary Countries: CITA Seeks Comments on Petition to Revoke Designation that Certain Fusible Interlining Fabrics are "Commercially Unavailable
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by May 10, 2004 regarding a petition it received on behalf of Narroflex Inc.:
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- alleging that certain patented fusible interlining fabrics for use in waistbands1 (also termed ultra-fine elastomeric crochet fabrics), classified in HTS 5903.90.2500, can be supplied by the domestic industry in commercial quantities in a timely manner, and
- requesting that CITA revoke its previous designation that these fabrics were "commercially unavailable" under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA).
(See ITT's Online Archives or 04/24/03 news, 03042425, for BP summary of CITA's notice designating such fabrics as commercially unavailable under the CBTPA.)
In its petition, Narroflex explains that on March 24, 2004, CITA found commercial availability for a petition under the Andean Trade Preference and Drug Eradication Act (ATPDEA) and the African Growth and Opportunity Act (AGOA) for the same fabrics declared to be commercially unavailable under the CBTPA. (See ITT's Online Archives or 04/01/04 news, 04040125, for BP summary of CITA's denial of the petition under the ATPDEA and AGOA.)
Narroflex states that based on CITA's March 24, 2004 determination that the subject fabrics can be produced domestically in sufficient quantities, it requests that the prior "commercially unavailable" determination on these fabrics under the CBTPA be revoked.
CITA states that it is seeking public comments on whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner.
CITA to Make Determination on Revocation After Appropriate Consultations
According to CITA sources, it will consult with the same government entities regarding this revocation petition as it does with petitions to affirmatively designate fabric as commercially unavailable (termed "commercial availability" petitions).
ITC Initiates Review of Petition to Revoke CBTPA Designation
The ITC has initiated a review to provide advice to the USTR regarding this petition for revocation. According to the ITC, it will submit its advice to the USTR in a classified report by May 28, 2004, and it will also issue a public version of the report soon thereafter.
1 See notice for detailed descriptions of these fabrics.
- written comments must be submitted to CITA by May 10, 2004
- written comments must be submitted to the ITC by May 19, 2004
CITA contact - Richard Stetson (202) 482-3400
CITA notice (FR Pub 04/23/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9388.pdf
Narroflex petition (dated 04/09/04) available at http://otexa.ita.doc.gov/Commercial_Availability.htm
ITC notice (dated 04/27/04) available at http://www.usitc.gov/332s/shortsup/332_458_007nl.pdf