AGOA, CBTPA, & ATPDEA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Request for Certain Combed Compact Yarns
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by February 10, 2004 regarding a "commercial availability" request it received 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) from Warren Corporation:
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- alleging that combed compact yarns, of wool or fine animal hair, classified in HTS 5107.10, 5107.20, or 5108.20, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- requesting that CITA determine that these yarns 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 AGOA, CBTPA, and ATPDEA for apparel articles that are both cut (or knit-to-shape) and sewn in one or more AGOA, CBTPA, ATPDEA beneficiary countries from such yarns or from U.S.-formed fabrics containing such yarns.
CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether this yarn can be supplied by the domestic industry in commercial quantities in a timely manner, and (2) whether other yarns that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for this yarn for purposes of the intended use.
According to CITA, if a comment alleges that this yarn 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 yarn stating that it produces the yarn 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 Commercial Availability Determination After Appropriate Consultations
CITA has previously stated that prior to determining that a yarn (or fabric) 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 obtain the advice of the International Trade Commission (ITC).)
CITA will usually make an affirmative or negative determination within 60 calendar days of receipt of a "commercial availability" request (previously known as a "short supply" request).
If CITA makes an affirmative determination, 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 yarn (or fabric) as eligible for duty- and quota-free treatment under AGOA (HTS 9819.11.24), CBTPA (HTS 9820.11.27), and ATPDEA (HTS 9821.11.10).
If CITA makes a negative determination, it will publish the negative determination and reasons therefore in the Federal Register.
ITC Expected to Institute Review of Commercial Availability Request
The ITC is expected to issue a notice announcing that it has commenced a review to provide advice to the USTR regarding this petition. It is also expected that the ITC will state that it will submit its advice to the USTR in a classified report, and it will also issue a public version of the report soon thereafter.
-written comments must be submitted to CITA by February 10, 2004.
CITA contact - Martin Walsh (202) 482-2818
CITA notice (FR Pub 01/26/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1617.pdf