CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Cotton Twill Weave Fabric Used in Certain Shirts and Blouses

1. alleging that certain 100% cotton, carbon emerized, three or four-thread twill weave fabric, of certain specifications , classified in HTS 5208.33.0000, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
2. requesting that CITA determine that this fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner, and that it grant quota- and duty-free treatment under CBTPA for woven cotton shirts and blouses that are both cut and sewn in one or more CBTPA beneficiary countries from such fabric.

also known as "short supply" request

See CITA's notice for specifications on the petitioner style no., fiber content, yarn number, thread count, weave, weight, width, and finish, as well as a further description of the subject fabric.

* In addition to this notice seeking comments, CITA has issued a correction notice which states that the entire text of its April 4, 2005 Federal Register notice seeking comments on Dillard's petition was incorrect and published erroneously; therefore, that notice has been withdrawn. According to CITA, this new notice seeking comments is the correct document. (See ITT's Online Archives or 04/07/05 news, 05040730, for BP summary of CITA's erroneously published April 4, 2005 notice, which has been withdrawn.)

CITA Seeks Comments on Availability of Fabric, Etc.

CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether this fabric 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 this fabric 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 18, 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 May 2, 2005

CITA contact - Naomi Freeman (202) 482-3400

ITC contact - Laura Rodriguez (202) 205-3499

CITA notice seeking comments (FR Pub 04/12/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7365.pdf

CITA correction notice (FR Pub 04/12/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/C5-6733.pdf

ITC notice (dated 04/11/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332-465-005nl.pdf