CBTPA Beneficiary Countries: CITA Seeks Comments on 3 "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 23, 2004 regarding three "commercial availability"petitions1 it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Picacho, S.A.2:
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- alleging that certain woven, 100% cotton flannel fabrics, of certain specfiications3, classified in HTS 5208.42.3000 and 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 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.
The petitioner adds that the warp yarns must be ring spun in order to provide the additional tensile strength required to offset the degrading effects of heavy napping on both sides. The filling yarns must be open end spun to provide required loft and softness, and they must also be spun from fibers that have been stock dyed prior to carding and the warp yarns must be dyed prior to weaving in order to give the desired heather effect.
1 previously known as "short supply" requests.
2According to the International Trade Commission (ITC), these three petitions were originally submitted to CITA, but were subsequently withdrawn due to certain errors. (See ITT's Online Archives or 07/26/04 news, 04072620, for BP summary of the original filing.)
3See CITA's notice for specifications on the petitioner style number, fiber content, weight, width, thread count, yarn number, and finish of these three fabrics.
CITA Seeks Comments on Availability of Fabrics, Etc.
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.
CITA to Make Determination After Appropriate Consultations
CITA will usually make its determination within 60 calendar days of receipt of a "commercial availability" request.
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 also obtain the advice of the ITC, which is requesting comments on the petitions.)
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.
-written comments must be submitted to CITA by August 23, 2004
-written comments must be submitted to ITC by August 13, 2004
CITA Contact - Janet Heinzen (202) 482-3400
CITA Notice (FR Pub 08/06/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18112.pdf
ITC Notice (dated 08/05/04) available at http://www.usitc.gov/332s/shortsup/332_458_010nl.pdf