CITA to Hold Meeting on "Due Diligence" for DR-CAFTA Commercial Availability Requests
The Committee for the Implementation of Textile Agreements has issued an electronic notice inviting interested parties to a meeting on September 19, 2007 in Washington, DC to discuss "due diligence" in the U.S.-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)1 commercial availability process.
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Acceptable Due Diligence for Requesters and Respondents
In its notice, CITA states that questions concerning the responsibilities of requesters and responders regarding "due diligence" efforts and practices have arisen in recent cases, and it has received several inquiries regarding what is acceptable "due diligence." In the meeting, CITA states that it will present its view on the purpose of and what constitutes due diligence, and then open the discussion to all interested parties to submit their views on the topic.
CITA states that those planning to attend the meeting or who have questions should contact Richard Stetson at the Office of Textiles and Apparel at (202) 482-2582 or by email at Richard_Stetson@ita.doc.gov.
(In March 2007, CITA issued a notice finalizing the procedures that it would follow in implementing the commercial availability provision of the DR-CAFTA, which stated that an interested entity must file a Due Diligence Certification with each submission containing factual information. If the interested entity has legal counsel or another representative, the legal counsel or other representative must file a Due Diligence Certification with each submission containing factual information.
In the case of commercial availability requests, CITA stated that due diligence means the requestor has made reasonable efforts to obtain subject product from DR-CAFTA suppliers. Requestors must provide certain specified information in order to demonstrate this requirement. (See ITT's Online Archives or 04/03/07 news, 07040310, for BP summary of CITA's final procedures.))
1 The DR-CAFTA is also abbreviated as "CAFTA-DR"
CITA notice of meeting (dated 08/20/07) available by emailing BP at documents@brokerpower.com
CITA final commercial availability procedures available at http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf