AGOA, ATPDEA, & CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Requests for Certain Fusible Interlining Fabrics
The Committee for the Implementation of Textile Agreements (CITA) has issued two notices requesting public comments by February 17, 2004 regarding "commercial availability" requests it received, variously, under the African Growth and Opportunity Act (AGOA), the Andean Trade Promotion and Drug Eradication Act (ATPDEA), and the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) from Levi Strauss and Co.:
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- alleging that the following fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner:
Certain ultra-fine Lycra crochet outer-fusible material with a fold line that is knitted into the fabric and a fine Lycra crochet inner-fusible material with an adhesive coating that is applied after going through a finishing process to remove all shrinkage from the product, classified under HTS 5903.90.2500 for use in apparel articles (waistbands) (AGOA and ATPDEA only); and
Certain fusible composition material, of the specifications detailed in CITA's notice, classified in HTS 5903.90.2500, for use in waistbands of apparel articles. (AGOA, ATPDEA, and CBTPA)
- 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 the AGOA, the ATPDEA, or the CBTPA, variously, for apparel articles that are both cut and sewn in one or more applicable beneficiary countries utilizing such fabrics.
(See CITA's notices for further details on the fabrics at issue.)
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 fabrics stating that it produces the fabrics that are the subject of the request(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 Commercial Availability Determinations After Appropriate Consultations
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 obtain the advice of the International Trade Commission (ITC).)
CITA will usually make its determination within 60 calendar days of receipt of a "commercial availability" request (previously known as a "short supply" request).
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 AGOA (HTS 9819.11.24), the CBTPA (HTS 9820.11.27), and/or the ATPDEA (HTS 9821.11.10).
If CITA finds commercial availability, it will publish this finding and the reasons therefore in the Federal Register.
ITC Expected to Institute Review of Commercial Availability Requests
The ITC is expected to post a notice(s) to its Web site, available at http://www.usitc.gov/332s/shortsup/shortsupstat.htm, announcing that it has commenced a review to provide advice to the USTR regarding these petitions. 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. According to ITC sources, comments on its review will be due by February 20, 2004.
-written comments must be submitted to CITA by February 17, 2004
CITA contact - Richard Stetson (202) 482-3400
CITA notices (FR Pub 01/30/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-2068.pdf and http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-2069.pdf