CBTPA Beneficiary Countries: CITA Seeks Comments on "Commercial Availability" Petition for 100% Cotton Seersucker Fabrics Used in Woven Shirts, Blouses, and Sleepwear

1. alleging that certain 100% cotton, yarn dyed in the warp direction, plain weave double warp beam seersucker fabrics, of certain specifications, classified in HTS 5208.42.30, 5208.42.40, 5208.42.50, and 5209.41.60, cannot be supplied by the domestic industry in commercial quantities in a timely manner; and

2. 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 woven shirts, blouses, and sleepwear that are both cut and sewn in one or more CBTPA beneficiary countries from such fabrics.

also known as a "short supply" request

See CITA's notice for specifications on the petitioner style number, fiber content, yarn number, thread count, weave, weight, width, and finish.

CITA notes that the petitioner states that one very important feature of the fabrics is that they are genuine seersucker fabrics, woven with two warp beams, one with half the warp yarns subject to normal warp tension, the other with the warp yarns in a relaxed or tensionless state. Thus, the unique "crinkled" appearance and feel of the finished fabric is achieved on the loom and enhanced in the dyeing and finishing process, not merely by dyeing and finishing alone.

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 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 13, 2005, and it will issue a public version of the report soon thereafter.

(See ITT's Online Archives or 06/10/05 news, 05061025, for BP summary of CITA's notice seeking comments by June 23, 2005 on two other petitions filed by B*W*A regarding seersucker fabrics.)

- written comments must be submitted to CITA by June 28, 2005

- written comments must be submitted to ITC by June 28, 2005

CITA contact - Richard Stetson (202) 482-3400

ITC contact - Jackie Jones (202) 205-3466

CITA notice (FR Pub 06/13/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-11739.pdf

ITC notice (dated 06/13/05) available at http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/332_465_009nlrev1.pdf