CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Yarns for Use in Chief Weight Cotton Sweaters
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by February 9, 2005 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Outlast Technology, Inc. of Boulder, CO and Bernette Textile Co., LLC of New York, NY*:
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| CBTPA Beneficiary Countries: |
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- alleging that certain colored open end spun yarns, classified in HTS 5206.11.0000 and 5206.12.0000, ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of reclaimed and reprocessed cotton and acrylic staple fiber of certain specifications, for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- requesting that CITA determine that these yarns 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 chief weight cotton sweaters made in one or more CBTPA beneficiary countries from such yarns.
also known as a "short supply" request
According to CITA, the specifications are as follows: (i) description: open end spun yarn, (ii) size: 10 to 31 metric count, (iii) fiber content: in chief weight of cotton reclaimed from fabric scraps mixed with not less than 35% nor more than 49% producer-dyed acrylic staple produced under license from Outlast Technologies, Inc.
*CITA notes that this is a refiling of a previous petition regarding the subject yarn. As the previous petition was denied, this petition contains a modified description of the yarn. This modified description specifies additional information that the petitioner believes is necessary to explain the unique properties of the yarn in question. (See ITT's Online Archives or 12/27/04 news, 04122730, for BP summary of CITA's denial of the previous commercial availability petition.)
CITA Seeks Comments on Availability of Yarns, Etc.
CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether these yarns can be supplied by the domestic industry in commercial quantities in a timely manner, and (2) whether other yarns that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for these yarns for purposes of the intended use.
According to CITA, if a comment alleges that these yarns 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 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 a 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 25, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by February 9, 2005
- written comments must be submitted to ITC by February 8, 2005
CITA contact - Shikha Bhatnagar (202) 482-3821
ITC contact - Laura Rodriguez (202) 205-3499
CITA Notice (FR Pub 01/25/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-1437.pdf
ITC Notice (dated 01/26/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_465_002nl.pdf