CBTPA Beneficiary Countries: CITA Seeks Comments on 4 "Commercial Availability" Petitions for Certain Woven Fabrics

1. alleging that the following fabrics with certain specifications cannot be supplied by the domestic industry in commercial quantities in a timely manner : (1)Twill Fabric classified in HTS 5208.33.0000 and HTS 5209.32.0020; (2) Fancy polyester/rayon blend suiting fabric classified in HTS 5515.11.0005; (3) Fancy polyester filament fabric classified in HTS 5407.52.2020, 5407.52.2060, 5407.53.2020, and 5407.53.2060, and (4) 190T polyester lining fabric classified in HTS 5407.61.9925-35; 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 of such fabrics assembled in one or more CBTPA beneficiary countries.

¹ also known as "short supply" requests.

See CITA's notice for specifications of the fiber content, width, construction and dyeing of these 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 these fabrics 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 fabrics stating that it produces the fabrics that are 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 International Trade Commission, which will be 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 24, 2004

CITA Contact - Martin Walsh (202) 482-3400

CITA Notice (FR Pub 08/09/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18225.pdf

BP Note

Although the ITC has not yet issued a notice initiating an investigation of these commercial availability petitions, ITC sources state that such a notice is expected to be issued within the next week. These sources add that a deadline for submitting written comments to the ITC will be set forth at that time.