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CITA Denies AGOA, ATPDEA, & CBTPA "Commercial Availability" Petition for Certain Anti-Microbial Elastomeric Filament Yarn Used in Knit Apparel

The Committee for the Implementation of Textile Agreements (CITA) has published a notice denying a petition submitted on behalf of Ge-Ray Fabrics, Inc. that had alleged that certain anti-microbial elastomeric filament yarn, of certain specifications, classified in HTS 5402.49.9005 or 5404.10.8005, could not be supplied by the domestic industry in commercial quantities in a timely manner.

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The petitioner had requested quota- and duty-free treatment under the African Growth and Opportunity Act (AGOA), Andean Trade Promotion and Drug Eradication Act (ATPDEA), and U.S.-Caribbean Basin Trade Partnership Act (CBTPA) for knit apparel articles that are both cut (or knit-to-shape) and sewn in one or more AGOA, ATPDEA, or CBTPA beneficiary countries from such yarn or U.S.-formed fabrics containing such yarn.

CITA Determines Such Yarn Can Be Timely Supplied by the Domestic Industry

Based on currently available information and its review, CITA states that it has determined that there is domestic capacity to supply the subject yarn, or a substitutable yarn, in commercial quantities in a timely manner.

CITA has previously stated that the subject anti-microbial elastomeric yarn is of filament fiber, ranging from 20 to 70 denier (22.2 to 77.8 decitex). This yarn looks like and can be processed like ordinary elastomeric yarn, but it includes an anti-microbial agent that gives the yarn a unique and desirable functionality. The anti-microbial agent is a compound that represents 0.2 to 5% by weight of the elastomeric yarn.

(See ITT's Online Archives or 01/13/05 news, 05011325, for BP summary of CITA's notice seeking comments on the petitioner's commercial availability request.)

CITA contact - Shikha Bhatnagar (202) 482-3400

CITA notice (FR Pub 03/11/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1028.pdf