CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Request for Certain 100% Cotton Woven Flannel Fabrics

1. alleging that 100% cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns of different colors, classified in HTS 5208.43.00, of 2 X 1 twill weave construction, weighing not more than 200 grams per square meters, for use in apparel articles, excluding gloves, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
2. 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 CBTPA for apparel articles that are both cut and sewn in one or more CBTPA beneficiary country from such fabrics.

CITA states that it is seeking public comments regarding this petition, 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, 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 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 CBTPA (HTS 9820.11.27).

If CITA finds commercial availability, it will publish this finding and the reasons therefore in the Federal Register.

ITC Initiates Review of Commercial Availability Petition

The ITC has initiated a review to provide advice to the USTR regarding this petition. According to the ITC, it will submit its advice to the USTR in a classified report by March 26, 2004, and it will also issue a public version of the report soon thereafter.

- written comments must be submitted to CITA by March 5, 2004

- written comments must be submitted to the ITC by March 16, 2004.

CITA contact - Janet Heinzen (202) 482-3400

CITA notice (FR Pub 02/19/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-3669.pdf

ITC notice (dated 02/18/04) available at http://www.usitc.gov/332s/shortsup/332_458_004nl.pdf