CBTPA Beneficiary C ountries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Coat Weight Fabrics of Camel Hair, Cashmere, or Cashmere/Wool Used in Outerwear Articles
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by April 27, 2005 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of S. Rothschild & Co., Inc. of New York, NY*:
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| CBTPA Beneficiary C |
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- alleging that certain coat weight fabrics of 100% carded camelhair, 100% carded cashmere, or a blend of carded cashmere and wool fibers, of certain specifications, classified in HTS 5111.19.6020, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- 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 outerwear articles that are cut and sewn in one or more CBTPA beneficiary countries from such fabrics.
also known as "short supply" request
See CITA's notice for specifications on the weight, width, and yarn thickness/diameter.
CITA notes that the petitioner emphasizes that the weight limit of the subject fabrics precludes these fabrics from being used in the production of blazers, suits, and other types of wearing apparel, and that the request only applies to coat weight fabrics.
* CITA notes that due to an inadvertent error, this notice was not published in the April 4, 2005 Federal Register.
CITA Seeks Comments on Availability of Fabrics, Etc.
CITA states that it is seeking public comments regarding this request, 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.
CITA to Make Determination Within 60 Calendar Days of Request
CITA has previously stated that prior to making a determination on whether a fabric or yarn is commercially available, it will, working with the U.S. Trade Representative (USTR), seek advice from appropriate advisory committees and consult with the House Ways and Means and Senate Finance Committees. CITA noted that it will make a determination within 60 calendar days of receipt of a "commercial availability" request.
If CITA finds no commercial availability, it will submit a report to the above-described House and Senate committees, and it will designate apparel made from that fabric or yarn as eligible for duty- and quota-free treatment under the CBTPA (HTS 9820.11.27). However, if CITA finds commercial availability, it will publish this finding and the reasons therefore in the Federal Register.
ITC Initiates Review of the 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 May 11, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by April 27, 2005
- written comments must be submitted to ITC by April 25, 2005
CITA contact - Janet Heinzen (202) 482-3400
ITC contact - Jackie Jones (202) 205-3466
CITA notice (FR Pub 04/12/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-6733.pdf
ITC notice (dated 04/06/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_465_004nl.pdf