ATPDEA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Polyester Monofilament Yarn for Use in Women's & Children's Apparel
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by September 15, 2004 regarding a "commercial availability" petition it received under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) from Textiles Erre Emme Ltda of Bogota, Colombia:
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- alleging that certain polyester monofilament texturized, raw, white yarn, of denier 20D/F1, classified in HTS 5402.33.30, for use in women's and children's apparel, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- requesting that CITA determine that this yarn 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 ATPDEA for such apparel that are woven or knit in one or more ATPDEA beneficiary countries from such yarn.
also known as a "short supply" request.
CITA Seeks Comments on Availability of Yarns, Etc.
CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether this yarn can be supplied by the domestic industry in commercial quantities in a timely manner, and (2) whether other yarns that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for these yarns for purposes of the intended use.
According to CITA, if a comment alleges that this yarn 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 yarns stating that it produces the yarns 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 yarn (or fabric) 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 yarn (or fabric) as eligible for duty- and quota-free treatment under the ATPDEA (HTS 9821.11.10).
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 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 October 4, 2004, and it will issue a public version of the report soon thereafter.
- comments must be submitted to CITA by September 15, 2004
- comments must be submitted to ITC by September 23, 2004
CITA contact - Shikha Bhatnagar (202) 482-3821
ITC contact - Vincent DeSapio (202) 205-3435
CITA notice (FR Pub 08/31/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19904.pdf
ITC notice (dated 08/31/04) available at http://www.usitc.gov/332s/shortsup/332_458_016nl.pdf