CBTPA Beneficiary Countries: CITA Seeks Comments on Two "Commercial Availability" Petitions for Certain Polyester/Rayon Woven Fabrics
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by September 15, 2004 regarding two "commercial availability" petitions it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Fishman & Tobin:
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| CBTPA Beneficiary Countries: |
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- alleging that certain woven fabrics, of certain specifications2, classified in HTS 5515.11.00.05, 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 apparel articles that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics.
also known as "short supply" requests.
According to CITA, the specifications for these two fancy polyester/rayon blend suiting fabrics are as follows: (i) fiber content: 65% polyester/35% rayon, (ii) width 58/59 inches, (iii) dyeing: yarns are made from dyed fibers, and (iv) one fabric is made on the worsted wool system with two-ply combed and ring spun yarns in the warp and fill, and the other fabric is made on the synthetic system with two-ply carded and ring spun yarns in the warp and fill.
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 International Trade Commission (ITC) (see below).)
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 two petitions. According to the ITC, it will submit its advice to the USTR in a classified report by October 4, 2004, and it will issue a public version of the report soon thereafter.
(According to the ITC, the petitioner withdrew its previous petition covering similar fabrics, and submitted these two new petitions. See today's ITT, 04090299 4, for BP summary of CITA's notice announcing the withdrawal.)
- written comments must be submitted to CITA by September 15, 2004
- written comments must be submitted to ITC by September 23, 2004
CITA contact - Martin Walsh (202) 482-2818
ITC contact - Jackie Jones (202) 205-3466
CITA notice (FR Pub 08/31/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19905.pdf
ITC notice (dated 08/31/04) available at http://www.usitc.gov/332s/shortsup/332_458_011-017nl.pdf