CITA Designates Certain Cotton Woven Flannel Fabrics as "Commercially Unavailable" under the CBTPA
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice containing its determination that, effective August 13, 2004, certain 100% cotton yarn-dyed woven flannel fabrics, made from 14 through 41 NM single ring-spun yarns, classified in HTS 5208.43.00, of construction 2 X 1 twill weave, weighing 200 grams per square meter or less, for use in apparel articles excluding gloves, cannot be supplied by the domestic industry in commercial quantities in a timely manner under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Accordingly, CITA is designating apparel articles, excluding gloves, that are both cut and sewn or otherwise assembled in an eligible CBTPA beneficiary country from these fabrics to enter free of quota and duties under HTS 9820.11.27, provided that all other fabrics are wholly formed in the U.S. from yarns wholly formed in the U.S., subject to the special rules for findings and trimmings, certain interlinings and de minimis fibers and yarns under Section 112(d) of the CBTPA, and that such articles are imported directly into the customs territory of the U.S. from an eligible CBTPA beneficiary country.
(CITA states that on May 6, 2004, it denied a petition submitted on behalf of Dillards, Inc. and BWA, Inc. on these subject fabrics. See ITT's Online Archives or 05/19/04 news, 04051945, for BP summary of CITA's denial of this petition.
However, new information was subsequently obtained supporting the petitioners' claim that such fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner.
On May 12, 2004, the petition was re-filed. However, according to its Web site, as CITA had already sought the required advice and had requested public comment in response to the previous request, and all interested parties participated in the comment and advice process at that time, CITA did not do so again for the re-filed petition.)
CITA contact - Janet Heinzen (202) 482-3400
CITA notice (FR Pub 08/13/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18526.pdf