AGOA, CBTPA & ATPDEA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Anti-Microbial Elastomeric Filament Yarn Used in Apparel
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by January 25, 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 Ge-Ray Fabrics, Inc.:
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| AGOA, CBTPA & ATPDEA Beneficiary Countries: |
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- alleging that certain anti-microbial elastomeric filament yarn, of certain specifications, classified in HTS 5402.49.9005 or 5404.10.8005, 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 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 yarn or U.S.-formed fabrics containing such yarn.
also known as a "short supply" request
CITA states that the subject anti-microbial elastomeric yarn is of filament fiber, ranging from 20 to 70 denier (22.2 to 77.8 decitex). This yarn looks like and can be processed like ordinary elastomeric yarn, but it includes an anti-microbial agent that gives the yarn a unique and desirable functionality. The anti-microbial agent is a compound that represents 0.2 to 5% by weight of the elastomeric yarn.
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 is 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 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 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 Review of the Commercial Availability Petition
ITC sources state that although the ITC has not yet issued a notice announcing initiation of an investigation for this commercial availability petition, such a notice is expected to be issued within the next week.
- written comments must be submitted to CITA by January 25, 2005
CITA contact - Shikha Bhatnagar (202) 482-3400
CITA notice (FR Pub 01/10/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-521.pdf
ITC notice expected to be available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/shortsupstat.htm