ITC to Follow 2004 Procedures for 2005 "Commercial Availability" Requests under the AGOA, CBTPA, and ATPDEA
The International Trade Commission (ITC) has issued a press release announcing that in 2005 it will follow the procedures used in 2004 to gather information from industry and public sources for its advice to the U.S. Trade Representative (USTR) in connection with "commercial availability" requests 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).
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(The ITC explains that before proclaiming preferential treatment for apparel made in eligible beneficiary countries from fabrics or yarns that "cannot be supplied by the domestic industry in commercial quantities in a timely manner," regardless of the source of the fabrics or yarns, the Committee for the Implementation of Textile Agreements (CITA) is required to submit a report to the House Ways and Means Committee and the Senate Finance Committee that sets forth the proposed action, the reasons for it, advice from the ITC on the probable economic effect of the action, and advice from the appropriate industry advisory committee.)
ITC Launches New "Umbrella" Investigation for 2005 Requests
According to the ITC, it is launching a new "umbrella" investigation, as requested by the USTR, under which it will conduct individual product-specific reviews on the probable economic effect of granting duty-free and quota-free treatment to certain apparel imports from eligible AGOA, CBTPA, and ATPDEA beneficiary countries.
The ITC's advice will be provided on an ongoing basis during 2005 under Investigation No. 332-465, Commercial Availability of Apparel Inputs (2005): Effect of Providing Preferential Treatment to Apparel from Sub-Saharan African, Caribbean Basin, and Andean Countries.
ITC to announce initiation of each commercial availability review.The ITC states that it will continue to post on its Web site a notification letter announcing the initiation of each review. The notification letter will identify the articles under consideration, request public comment on the proposed preferential treatment to be proclaimed, provide contact information of ITC staff for additional information, and refer the public to http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/shortsupintro.htm for information on the request.
(The ITC notes that it has developed a list of interested parties or individuals who wish to be automatically notified via facsimile about the initiation of any commercial availability reviews by the ITC. (See ITC press release for details.))
The ITC further states that the Department of Commerce's Office of Textiles and Apparel (OTEXA) also publishes a summary of each request in the Federal Register and OTEXA posts these notices on its Web site at http://otexa.ita.doc.gov/Commercial_Availability.htm.
No public hearing, but comments from U.S. producers, etc. are encouraged. Due to time constraints, the ITC states that it will not hold public hearings in connection with the investigation or any of the requests it receives. However, interested parties will be invited to submit written statements for the record for each requested review. The ITC is particularly interested in receiving input from the private sector on the likely effect of the proposed action on U.S. producers, workers, and consumers.
ITC to submit report to USTR approximately 42 days after receipt of request. The ITC will submit its advice to USTR in a series of classified reports, with each report provided on or about the 42nd day after receipt of a commercial availability request. A public version of each report will be available shortly after the ITC submits its report to the USTR.
also known as "short supply" requests
CITA has previously stated that the President has delegated to it the authority to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the CBTPA, or the ATPDEA.
(See ITT's Online Archives or 01/31/05 news, 05013140, for BP listing of the issuance of this ITC press release.)
ITC contact - Peg O'Laughlin (202) 205-1819
ITC press release 05-014 (dated 01/24/05, Inv. No. 332-465) available at http://www.usitc.gov/ext_relations/news_release/2005/er0124cc1.htm