CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petitions for Certain Jersey Fabrics for Use in Women's and Girls' Nightwear
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by November 10, 2004 regarding two "commercial availability" petitions1 it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Jaclyn, Inc. of New York, NY:
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
| CBTPA Beneficiary Countries: |
|---|
- alleging that certain circular single knit jersey fabrics, classified in HTS 6006.32.0080 and 6006.31.0080, of certain specifications2 for use in women's and girls' nightwear, 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 CBTPA for women's and girls' nightwear of such fabrics assembled in one or more CBTPA beneficiary countries.
1also known as "short supply" requests
2According to CITA, the specifications are as follows:
Fabric 1 (HTS 6006.32.0080): (i) description: single knit jersey, jacquard geometric rib stitch, (ii) petitioner style no.: 4934A, (iii) fiber content: 66-68% polyester staple/32-34% cotton/0.2-0.5% spandex; (iv) weight: 6.165 m2/kg, (v) yarn size: 54.14 metric (32/1 English), spun, filament core, (vi) gauge: 24; (vii) finish: (Piece) dyed; (viii) stretch characteristics: minimum 25% from relaxed state; 90% recovery to relaxed state.
Fabric 2 (HTS 6006.31.0080 and 6006.32.0080): (i) description: single knit jersey, jacquard geometric rib stitch, (ii) petitioner style no.: 4944S, (iii) fiber content: 64% polyester/35.5-35.8% cotton/0.2-0.5% spandex; (iv) weight: 6.06 m2/kg, (v) yarn size: 54.14 metric (32/1 English), spun, filament core, (vi) gauge: 28; (vii) finish: Bleached or (Piece) dyed; (viii) stretch characteristics: 25% from relaxed state; 90% recovery to relaxed state.
The petitioner emphasizes that these fabrics must be knit on a jacquard machine in order to provide the geometric pattern and puckered effect apparent in the fabrics. Also, the petitioner states that the fabrics' stretch properties are necessary.
CITA Seeks Comments on Availability of Fabrics, Etc.
CITA states that it is seeking public comments regarding this request, 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 fabric(s) 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(s) stating that it produces the fabric(s) 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 (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 petitions. According to the ITC, it will submit its advice to the USTR in a classified report by November 30, 2004, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by November 10, 2004
-written comments must be submitted to the ITC by November 12, 2004
CITA contact - Anna Flaaten (202) 482-3400
ITC contact - Jackie Jones (202) 205-3466
CITA Notice (FR Pub 10/26/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-23939.pdf
ITC Notice (dated 10/20/04) available at http://www.usitc.gov/332s/shortsup/332_458_023nl.pdf