ATPDEA & CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for Certain Ring Spun Yarns Used in Woven Cotton Trousers, Shirts, and Blouses
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by June 13, 2005 regarding a "commercial availability" petition it received under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) and the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Galey and Lord, Inc.:
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- alleging that certain compacted, plied, ring spun cotton yarns, with yarn counts in the range from 42 to 102 metric, classified in HTS 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, and 5205.47.0020, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and
- requesting that CITA determine that these yarns 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 ATPDEA and CBTPA for men's and boys' woven cotton trousers and shirts and women's and girls' woven cotton trousers, shirts, and blouses that are both cut (or knit-to-shape) and sewn in one or more ATPDEA or CBTPA beneficiary countries from U.S.-formed fabrics containing such yarns.
also known as a "short supply" request
CITA Seeks Comments on Availability of Yarns, Etc.
CITA states that it is seeking public comments regarding this request, particularly with respect to (1) whether these yarns can be supplied by the domestic industry in commercial quantities in a timely manner; and (2) whether other yarns that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for these yarns 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 ATPDEA (HTS 9821.11.10) or 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 International Trade Commission (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 July 4, 2005, and it will issue a public version of the report soon thereafter.
- written comments must be submitted to CITA by June 13, 2005
- written comments must be submitted to ITC by June 20, 2005
CITA contact - Richard Stetson (202) 482-2582
ITC contact - Jackie Jones (202) 205-3466
CITA notice (FR Pub 05/27/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-10742.pdf
ITC notice (dated 05/31/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332-465-008nl.pdf