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CITA Denies CBTPA "Commercial Availability" Petition for Certain 100% Cotton Woven Flannel Fabrics

On April 21, 2004, the Committee for the Implementation of Textile Agreements (CITA) published a notice denying a petition submitted by Oxford Industries, Inc., which had alleged that certain 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 meter, for use in apparel articles1, could not be supplied by the domestic industry in commercial quantities in a timely manner.

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According to CITA, Oxford Industries, Inc. had requested quota- and duty-free treatment under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) for apparel articles that are both cut and sewn in one or more CBTPA beneficiary countries from such fabrics.

Based on currently available information, CITA states that it has determined that these subject fabrics can be supplied by the domestic industry in commercial quantities in a timely manner and therefore denies the request.

As a result of CITA's denial, apparel made from such fabrics that are not formed in the U.S. or in one or more CBTPA beneficiary countries will not be eligible for duty- and quota- free treatment under HTS 9820.11.27.

1 In CITA's notice seeking comments on the petitioner's request, CITA had indicated that gloves were excluded.

(See ITT's Online Archives or 02/20/04 news, 04022025, for BP summary of CITA's notice seeking comments on the petitioner's commercial availability request.)

CITA contact - Janet Heinzen (202) 482-3400

CITA denial notice (FR Pub 04/21/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9057.pdf