CBTPA Beneficiary Countries: CITA Announces Withdrawal, Replacement of Two "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 announcing that two "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Trade Partnership Act (CBTPA) on behalf of B*W*A of New York, NY regarding certain cotton flannel fabrics have been withdrawn, and they have been replaced with two new petitions.
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(See ITT's Online Archives or 03/11/05 news, 05031120, for BP summary of CITA's notice seeking comments on the two petitions prior to their being withdrawn, as well as a third petition which has not been withdrawn.)
CITA is requesting public comments by March 30, 2005 regarding the two replacement "commercial availability" petitions it received which:
- allege that (a) certain 100% cotton, 4-thread twill weave and herringbone twill weave, flannel fabrics, of yarn-dyed, ring spun and plied yarns, of certain specifications, classified in HTS 5209.43.0050 or 5209.49.0090, and (b) certain 100% cotton, double faced irregular sateen weave, flannel fabrics, of yarn-dyed, single yarns, of certain specifications, classified in HTS 5209.59.0025, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- request 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 the CBTPA for men's and boys' woven cotton shirts and woven cotton shirts and blouses that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics.
(According to the International Trade Commission (ITC), the two original petitions were withdrawn because the weight of the fabrics, as well as the HTS subheading for one of the fabrics, was incorrectly stated in the original petitions. In addition, one of the new petitions includes fabrics of herringbone twill construction.)
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.
CITA to Make Determination Within 60 Calendar Days of Request
CITA has previously stated that prior to making a determination on whether a fabric or yarn is commercially available, it will, working with the U.S. Trade Representative (USTR), seek advice from appropriate advisory committees and consult with the House Ways and Means and Senate Finance Committees. CITA noted that it will make a determination within 60 calendar days of receipt of a "commercial availability" request.
If CITA finds no commercial availability, it will submit a report to the above-described House and Senate committees, and it will designate apparel made from that fabric or yarn as eligible for duty- and quota-free treatment under the CBTPA (HTS 9820.11.27). However, if CITA finds commercial availability, it will publish this finding and the reasons therefore in the Federal Register.
ITC Issues Revised Notice for its Review of the Commercial Availability Petitions
The ITC has issued a revised notice regarding the review it has initiated to provide advice to the USTR regarding these commercial availability petitions in order to reflect the revised fabric descriptions. The ITC continues to state that 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 30, 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 03/15/05) available under 'Committee for the Implementation of Textile Agreements' at http://www.access.gpo.gov/su_docs/fedreg/a050315c.html
ITC notice (dated 03/14/05) available via email by emailing a request to documents@brokerpower.com