CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petitions for Certain Cotton Flannel Fabrics Used in Certain Shirts and Blouses
The Committee for the Implementation of Textile Agreements (CITA) has issued three notices requesting public comments by March 24, 2005 regarding three "commercial availability" petitions it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of B*W*A of New York, NY:
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- alleging that certain 100% cotton flannel fabrics, of certain specifications, classified in HTS 5209.59.0025 or 5208.43.0000, that are (a) double-faced sateen weave, of yarn-dyed, single yarns, (b) 4-thread twill weave, of yarn-dyed, ring spun and plied yarns, or (c) 4-thread twill weave of yarn-dyed, combed and ring spun single yarns, 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 woven cotton shirts and blouses and men's and boys' woven cotton shirts that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics.
also known as "short supply" requests
See CITA's notices for specifications on the petitioner style no., fiber content, weight, width, thread count, yarn number, weave, and finish, as well as further descriptions of the fabrics at issue.
CITA Seeks Comments on Availability of Fabrics, Etc.
CITA states that it is seeking public comments regarding these requests, 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 fabrics 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 subject fabric(s), 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 three petitions. According to the ITC, it will submit its advice to the USTR in a classified report by April 14, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by March 24, 2005
- written comments must be submitted to ITC by March 28, 2005
CITA contact - Janet Heinzen (202) 482-3400
ITC contact - Laura Rodriguez (202) 205-3499
CITA notices (FR Pub 03/09/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-4613.pdf, http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-4612.pdf, and http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-4611.pdf
ITC notice (dated 03/08/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_465_003nl.pdf