AGOA, CBTPA & ATPDEA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Ring Spun Yarn Used in Women's and Girls' Knit Apparel
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by January 18, 2005 regarding a "commercial availability" petition it received under the African Growth and Opportunity Act (AGOA), the U.S.-Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) on behalf of Texollini, Inc.:
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| AGOA, CBTPA & ATPDEA Beneficiary Countries: |
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- alleging that ring spun single yarns of English yarn numbers 30 and higher of 0.9 denier or finer micro modal fibers, classified in HTS 5510.11.0000 , used in women's and girls' knit apparel articles, 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 AGOA, the CBTPA, and the ATPDEA for apparel articles that are both cut (or knit-to-shape) and sewn in one or more AGOA, CBTPA, or ATPDEA beneficiary countries from such yarns or U.S.-formed fabrics containing such yarns.
also known as a "short supply" request
CITA Seeks Comments on Availability of Yarn, 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 yarn that is supplied by the domestic industry in commercial quantities in a timely manner are substitutable for this yarn 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 yarn stating that it produces the yarn 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 AGOA ,the CBTPA, and the ATPDEA.
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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 February 7, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to the ITC by January 26, 2005
- written comments must be submitted to CITA by January 18, 2005
CITA contact - Janet Heinzen (202) 482-3400
CITA notice (FR Pub 01/03/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/04-28750.pdf.
ITC notice (dated 12/30/04) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_458_025nl.pdf.