CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Cotton Twill Weave Fabric Used in Certain Shirts and Blouses
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by April 19, 2005 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Dillard's Inc.:
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| CBTPA Beneficiary Countries: |
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- alleging that certain 100 percent cotton, carbon-emerized, four-thread twill weave fabric of certain specifications, classified under HTS 5208.33.0000, 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 assembled in one or more CBTPA beneficiary countries from such fabrics.
also known as a "short supply" request
According to CITA, the specifications are as follows: (i) fiber content: 100% cotton, (ii) yarn number: 39/1 - 41/1 metric combed ring spun warp; 39/1 - 41/1 carded ring spunfilling; overall average yarn number 38 - 40 metric, (iii) thread count: 43 - 45 warp ends per centimeter; 24 - 26 filling picks per centimeter; total 61 - 71 threads per square centimeter, (iv) weave: 4 thread twill, (v) weight: 176 - 182 grams per square meter, (vi) width: 168 - 172 centimeters, (vii) finish: (piece) dyed, carbon emerized on both sides, and (viii) petitioner style no.: 03842. The petitioner states that for this fabric, the yarns must be ring spun, the warp yarn combed, and the filling yarn carded. The yarn size and thread count and, consequently, the weight of the fabric, must be exactly or nearly exactly as specified above or the fabric will not be suitable for its intended use. The fabric must be carbon emerized, not napped, on both sides. The instant fabric has been lightly emerized on the technical back and somewhat more so on the face. Napping will produce a different and unacceptable product.
CITA Seeks Comments on Availability of Fabrics, Etc.
CITA states that it is seeking public comments regarding this request, 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 stating that it produces the fabric 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 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).)
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 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 week.
- written comments must be submitted to CITA by April 19, 2005
CITA contact - Naomi Freeman (202) 482-3400
CITA Notice (FR Pub 04/04/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-6733.pdf
ITC notice expected to be available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/shortsupstat.htm