CB TPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Cotton, Flannel Fabric for Use in Shirts, Trousers, Nightwear, Etc
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by October 13, 2004 regarding a "commercial availability" petition 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, double-napped flannel fabric, of certain specifications, classified in HTS 5209.31.6050, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- requesting that CITA determine that this fabric 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 that are cut and sewn (i.e., assembled) in one or more CBTPA beneficiary countries from such fabric.
also known as a "short supply" request
According to CITA, the specifications are as follows: (i) petitioner style number: 2897A, (ii) fiber content: 100% cotton, (iii) weight: 203 g/m2, (iv) width: 150 cm, (v) thread count: 21 warp ends per cm; 18 filling picks per cm; total: 39 threads per cm2, (vi) yarn number: warp - 40.6 metric, ring spun; filling - 13.54 metric, open end spun; overall average yarn number - 19.2 metric, and (vii) finish: (piece) dyed; napped on both sides, sanforized.
The petitioner emphasizes that the fabric must be napped on both sides, and that the yarn sizes and thread count, and consequently, the weight of the fabric must be as nearly exact as possible as specified. In addition, the warp yarns must be ring spun and the filling yarns must be open end spun.
CITA Seeks Comments on Availability of Fabric, Etc.
CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether this fabric 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 the fabric 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 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 November 4, 2004, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by October 13, 2004
- written comments must be submitted to ITC by October 18, 2004
CITA contact - Janet Heinzen (202) 482-3400
ITC contact - Jackie Jones (202) 205-3466
CITA notice (FR Pub 09/28/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21826.pdf
ITC notice (dated 09/27/04) available at http://www.usitc.gov/332s/shortsup/332_458_021nl.pdf