CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Cotton Flannel Fabric Used in Woven Shirts and Blouses
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by April 29, 2005 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) from Oxford Industries:
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- alleging that certain 100% cotton, 2 x 2 twill weave, flannel fabric, of ring spun and combed 2 ply yarns, of certain specifications, classified HTS 5208.43.0000, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- 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 the CBTPA for men's and boys' woven cotton shirts and women's and girls' woven cotton blouses that are 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 number, fiber content, weight, width, thread count, yarn number, weave and finish.
CITA notes that the petitioner emphasizes that the construction of the fabric must be exactly or nearly exactly as specified or the fabric will not be suitable for its intended uses.
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 20, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by April 29, 2005
- written comments must be submitted to ITC by May 3, 2005
CITA contact - Janet Heinzen (202) 482-3400
ITC contact - Vincent DeSapio (202) 205-3435
CITA notice (FR Pub 04/14/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7586.pdf
ITC notice (dated 04/14/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_465_006nl.pdf