CBTPA Beneficiary Countries: CITA Seeks Comments on 12 "Commercial Availability" Petitions for Certain Woven, Cotton Flannel Fabrics
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by August 6, 2004 regarding twelve "commercial availability" petitions it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Picacho, S.A.:
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- alleging that certain woven, 100% cotton, flannel fabrics, of certain specifications1, classified in HTS 5208.32.3040, 5208.42.3000, 5209.31.6050, or 5209.41.6040, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- 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 shirts, trousers, nightwear, robes, dressing gowns and woven underwear of such fabrics assembled (cut and sewn) in one or more CBTPA beneficiary countries.
According to CITA, the petitioner emphasizes that the fabrics must be napped on both sides, that the yarn sizes and thread count, and consequently, the weight of the fabrics must be exactly or nearly exactly as specified or the fabrics will not be suitable for their intended uses. Further, the warp yarn must be ring spun in order to provide the additional tensile strength required to offset the degrading effects of heavy napping on both sides and the filling yarn must be open end spun to provide required loft and softness.
CITA states that it is seeking public comments regarding these requests, particularly with respect to (1) whether these fabrics 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 these fabrics for purposes of the intended use.
According to CITA, if a comment alleges that this 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.
1 See CITA's notice for specifications on the fiber content, weight, width, thread count, yarn number, and finish.
CITA to Make 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 the Commercial Availability Petitions
The ITC has initiated a review to provide advice to the USTR regarding these petitions. According to the ITC, it will submit its advice to the USTR in a classified report by August 25, 2004, and it will also issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by August 6, 2004
- written comments must be submitted to the ITC by August 10, 2004.
CITA contact - Janet Heinzen (202) 482-3400
ITC contact - Kimberlie Freund (202) 708-5402
CITA notice (FR Pub 07/22/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-16815.pdf
ITC notice (dated 07/21/04) available at http://www.usitc.gov/332s/shortsup/332_458_009nl.pdf