CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Knit Jersey Fabric for Use in Women's & Girls' Nightwear

1. alleging that certain circular single knit jersey fabric, of certain specifications, classified HTS 6006.34.0080, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
2. 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 women's and girls' nightwear 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 for this single knit jersey, jacquard geometric rib stitch fabric are as follows: (i) petitioner style number: 4944, (ii) fiber content: 64% polyester staple/35.5% - 35.8% cotton/0.2% - 0.5% spandex, (iii) weight: 6.06 m²/kg, (iv) yarn size: 54.14 metric (32/1 English), spun, filament core, (v) gauge: 28, (vi) finish: (piece) dyed and printed, and (vii) stretch characteristics: 25% from relaxed state; 90% recovery to relaxed state.

The petitioner emphasizes that the fabric must be knit on a jacquard machine in order to provide the geometric pattern and puckered effect apparent in the fabric, and that it is imperative that the fabric be piece dyed before it is printed.

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 1, 2004, and it will issue a public version of the report soon thereafter.

(According to the ITC, the subject fabric is similar to that named in an ongoing petition filed on behalf of Jaclyn, Inc. See ITT's Online Archives or 09/09/04 news, 04090930, for BP summary of CITA's request for comments on that petition.)

- written comments must be submitted to CITA by October 13, 2004

- written comments must be submitted to ITC by October 18, 2004

CITA contact - Anna Flaaten (202) 482-3400

ITC contact - Brian Allen (202) 708-4728

CITA notice (FR Pub 09/28/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21751.pdf

ITC notice (dated 09/27/04) available at http://www.usitc.gov/332s/shortsup/332_458_020nl.pdf