CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Dyed, Two Way Stretch Twill Woven Fabric

1. alleging that certain dyed, two way stretch twill woven fabric, of three-ply yarns composed of 62% staple polyester, 33% staple rayon and 5% filament spandex, of certain specifications, classified in HTS 5515.11.0040, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
2. requesting that CITA determine that these fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner, and that it grant quota-and duty-free treatment under the CBTPA for apparel articles that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics.

CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether this fabric can be supplied by the domestic industry in commercial quantities in a timely manner, and (2) whether other fabrics that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for this fabric for purposes of the intended use.

According to CITA, if a comment alleges that such fabric can be supplied by the domestic industry in commercial quantities in a timely manner, CITA will closely review any supporting documentation, such as a signed statement by a manufacturer of the fabric stating that it produces the fabric that is the subject of the request, including the quantities that can be supplied and the time necessary to fill an order, as well as any relevant information regarding past production.

According to CITA, the specifications are as follows:

Construction: 40.9 warp ends per centimeter, 27.6 filling picks per centimeter

1. Ply Yarn: two size 40 c.c. polyester/rayon blend staple yarns combined with a 40

denier filament spandex yarn in both the warp and the filling

Weight: Approximately 285 g/m2.

CITA to Make Commercial Availability Determination After Appropriate Consultations

CITA has previously stated that prior to determining that a fabric (or yarn) can or cannot be supplied by the domestic industry in commercial quantities in a timely manner, CITA, working with the U.S. Trade Representative (USTR), will seek advice from appropriate advisory committees and will consult with the House Ways and Means Committee and the Senate Finance Committee. (According to CITA, the USTR will obtain the advice of the International Trade Commission (ITC).)

CITA will usually make its determination within 60 calendar days of receipt of a "commercial availability" request (previously known as a "short supply" request).

If CITA finds no commercial availability, it will submit a report to the above-described House and Senate committees, setting forth the action proposed, the reasons for such action, and the advice obtained. CITA will then designate apparel made from that fabric (or yarn) as eligible for duty- and quota-free treatment under the CBTPA (HTS 9820.11.27).

If CITA finds commercial availability, it will publish this finding and the reasons therefore in the Federal Register.

ITC Initiates Review of Commercial Availability Petition

The ITC has initiated a review to provide advice to the USTR regarding this petition. According to the ITC, it will submit its advice to the USTR in a classified report by July 30, 2004, and it will also issue a public version of the report soon thereafter.

- written comments must be submitted to CITA by July 12, 2004

- written comments must be submitted to the ITC by July 15, 2004.

CITA contact - Janet Heinzen (202) 482-3400

ITC contact - Vincent DeSapio (202) 205-3435

CITA notice (FR Pub 06/25/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-14495.pdf

ITC notice (dated 06/25/04) available at http://www.usitc.gov/332s/shortsup/332_458_008nl.pdf