Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Colombia Trade Promotion Agreement, 66588-66594 [2012-27090]
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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No: 121031596–2596–01]
RIN 0660–XC003
Development of the Nationwide
Interoperable Public Safety Broadband
Network
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of Inquiry; Reopening of
Comment Period.
AGENCY:
The National
Telecommunications and Information
Administration (NTIA) issued a Notice
of Inquiry (NOI) on September 28, 2012,
seeking public comment on two
conceptual presentations made at the
inaugural Board meeting of the First
Responder Network Authority (FirstNet)
as well as to invite input on other
network design and business plan
considerations. The comment deadline
was November 1, 2012, at 5 p.m. Eastern
Daylight Time (EDT). NTIA has received
several requests to extend the comment
deadline from states and first
responders that were impacted by the
widespread destruction caused by
Hurricane Sandy. Therefore, NTIA
issues this notice announcing that it is
reopening the comment period and will
accept comments responsive to the NOI
until 5 p.m. Eastern Standard Time
(EST) on Friday, November 9, 2012.
Comments received after the November
1, 2012, deadline until this notice is
published reopening the comment
period will be accepted.
DATES: Comments must be received no
later than Friday, November 9, 2012 at
5:00 p.m. EST.
ADDRESSES: Written comments may be
submitted by email to
firstnetnoi@ntia.doc.gov. Written
comments also may be submitted by
mail to: National Telecommunications
and Information Administration, U.S.
Department of Commerce, 1401
Constitution Avenue NW., HCHB Room
7324, Attn: FirstNet NOI, Washington,
DC 20230. Please note that all material
sent via the U.S. Postal Service
(including ‘‘Overnight’’ or ‘‘Express
Mail’’) is subject to delivery delays of up
to two weeks due to mail security
procedures. Responders should include
the name of the person or organization
filing the comment, as well as a page
number, on each page of their
submissions. Paper submissions should
also include a CD or DVD with an
electronic version of the document,
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SUMMARY:
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which should be labeled with the name
and organizational affiliation of the filer.
Do not submit Confidential Business
Information or otherwise sensitive or
protected information. All email
messages and comments received are a
part of the public record and will
generally be posted without change to
the NTIA Web site at https://
www.ntia.doc.gov/federal-registernotice/2012/comments-nationwideinteroperable-public-safety-broadbandnetwork-noi. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Comments
should not exceed 25 double-spaced
pages.
FOR FURTHER INFORMATION CONTACT:
Uzoma Onyeije, Senior Advisor for
Public Safety, National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Room 7324, Washington, DC
20230; telephone: (202) 482–0016;
email: uonyeije@ntia.doc.gov. Please
direct media inquiries to NTIA’s Office
of Public Affairs, (202) 482–7002.
SUPPLEMENTARY INFORMATION:
Background
The Middle Class Tax Relief and Job
Creation Act of 2012 created the First
Responder Network Authority (FirstNet)
as an independent authority within
NTIA and authorized it to take all
actions necessary to ensure the building,
deployment, and operation of a
nationwide public safety broadband
network (PSBN) based on a single,
national network architecture.1
The FirstNet Board held its first
public meeting on September 25, 2012,
during which it heard a presentation
from FirstNet Board member Craig
Farrill that outlined a possible
framework for designing the public
safety network architecture in a manner
that leverages existing resources and
infrastructure, as is contemplated in the
Act.2 Additionally, FirstNet Board
Chairman Sam Ginn also discussed a
general concept for developing
applications designed specifically for
public safety users. These conceptual
presentations mark a starting point for
further discussions.
On behalf of the FirstNet Board, NTIA
issued a NOI requesting public
comment on these two conceptual
1 Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112–96, 126 Stat. 156 (2012)
(Act); 47 U.S.C. 1422(b).
2 The presentation of the FNN concept is
available for review on NTIA’s Web site at https://
www.ntia.doc.gov/files/ntia/publications/
firstnet_fnn_presentation_09-25-2012_final.pdf.
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presentations relating to network
architecture and applications as well as
to invite input on other network design
and business plan considerations.
Notice of Inquiry, 77 FR 60680 (Oct. 4,
2012). The NOI set a deadline for the
submission of comments on November
1, 2012. Due to the severity of the
impact from Hurricane Sandy, which
resulted in a two-day closure of the
Federal Government and forced the
closure of many other government
agencies and businesses across the East
Coast, NTIA has received multiple
requests asking for an extension of the
comments deadline. In recognition of
the need for impacted states to focus
their attention and resources to address
the widespread destruction caused by
Hurricane Sandy, NTIA announces that
it is reopening the comment period and
will accept comments responsive to the
NOI until 5 p.m. EST on Friday,
November 9, 2012. Comments received
after the November 1, 2012, deadline
until the publication of this notice
reopening the comment period will also
be accepted. This extension is
warranted to ensure that FirstNet
receives input on these conceptual
presentations from all interested
stakeholders to better inform its efforts
to establish the interoperable public
safety broadband network called for
under the Act.
Dated: October 31, 2012.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. 2012–27031 Filed 11–5–12; 8:45 am]
BILLING CODE 3510–60–P
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
[Docket 121018561–2561–01; OMB Control
#: 0625–0272 (Expiration: 10/31/2015)]
RIN 0625–XC004
Interim Procedures for Considering
Requests Under the Commercial
Availability Provision of the United
States-Colombia Trade Promotion
Agreement
Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Notice of Interim Procedures
and Request for Comments.
AGENCY:
This notice sets forth the
interim procedures the Committee for
the Implementation of Textile
Agreements (‘‘CITA’’) will follow in
implementing certain provisions of the
SUMMARY:
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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices
United States-Colombia Trade
Promotion Agreement (‘‘US-Colombia
TPA’’). Section 203(o)(4) of the United
States-Colombia Trade Promotion
Agreement Implementation Act
(‘‘Implementation Act’’) authorizes the
President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Colombia as set out in Annex
3–B of the US-Colombia TPA. The
President has delegated to CITA the
authority to determine whether fabrics,
yarns, or fibers are not available in
commercial quantities in a timely
manner in either the United States or
Colombia and has directed CITA to
establish procedures that govern the
submission of a request and provide the
opportunity for interested entities to
submit comments and supporting
evidence for any such determination
pursuant to the Implementation Act.
CITA hereby gives notice to interested
entities of the procedures CITA will
follow in considering such requests and
solicits public written comments on
these interim procedures. CITA will be
using the procedures detailed in this
notice as of November 6, 2012.
Comments on the interim
procedures must be received no later
than December 6, 2012 of this notice,
either in hard copy or electronically.
DATES:
If submitting comments in
hard copy, an original, signed hard copy
must be submitted to the Chairman,
Committee for the Implementation of
Textile Agreements, Room 30003, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. If submitting
comments electronically, the electronic
copy must be submitted to
OTEXA_COLOMBIA@trade.gov. All
submitted comments will be posted for
public review on the Web site dedicated
to US-Colombia TPA commercial
availability proceedings. The Web site is
located on the U.S. Department of
Commerce’s Office of Textile and
Apparel Web site
(www.otexa.ita.doc.gov), under
‘‘Commercial Availability’’/‘‘Colombia
TPA.’’ Additional instructions regarding
the submission of comments may be
found at the end of this notice.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Maria Dybczak, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3400.
Legal
Authority: Section 203(o) of the
Implementation Act and Proclamation
No. 8818, 77 FR 29519 (May 18, 2012).
SUPPLEMENTARY INFORMATION:
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Background
Interim Procedures
The US-Colombia TPA provides a list
in Annex 3–B for fabrics, yarns, and
fibers that the United States has
determined are not available in
commercial quantities in a timely
manner from producers in the United
States or Colombia. A textile or apparel
good must satisfy the specific rules of
origin in Annex 3–A of the USColombia TPA as well as other
requirements of the Agreement.
However, a textile and apparel good
containing fabrics, yarns, or fibers that
are included on the list in Annex 3–B
of the US-Colombia TPA will be treated
as if it is an originating good for
purposes of the US-Colombia TPA,
regardless of the actual origin of those
inputs in accordance with the specific
rules of origin in Annex 3–A, Notes to
Section XI. The Implementation Act
provides that the President will
establish procedures governing the
submission of requests under Section
203(o)(4) (‘‘the commercial availability
provision’’), and as set forth in the USColombia TPA, and may determine
whether additional fabrics, yarns, or
fibers are available or are not available
in commercial quantities in a timely
manner in the United States or
Colombia. In addition, Section 203(o)(4)
of the Implementation Act establishes
that the President may restrict the
quantity of, or remove a fabric, yarn, or
fiber from the list, if it has been added
to the list in an unrestricted quantity or
has had a restriction eliminated, if he
determines that the fabric, yarn, or fiber
has become available in commercial
quantities in a timely manner.
In Proclamation No. 8818 (77 FR
29519, May 18, 2012), the President
delegated to CITA his authority under
the commercial availability provision to
establish procedures for modifying the
list of fabrics, yarns, or fibers not
available in commercial quantities in a
timely manner, as set out in Annex B of
the US-Colombia TPA.
Pursuant to that delegation, CITA
provides below its interim procedures
governing the submission of requests
under Section 203(o)(4) set forth in the
Implementation Act. As of November 6,
2012, CITA intends to use these
procedures to process requests for
modifying the list of fabrics, yarns, or
fibers not available in commercial
quantities. CITA intends to publish its
final procedures after considering any
public comments received pursuant to
its request for comments.
1. Introduction
The intent of these procedures is to
foster trade in U.S. and Colombian
textile and apparel goods by allowing
non-originating fibers, yarns, or fabrics
to be placed on or removed from a list
of items not available in commercial
quantities in a timely manner, and in a
manner that is consistent with normal
business practice. To this end, these
procedures are intended to facilitate the
transmission, on a timely basis, of
requests for commercial availability
determinations and offers to supply the
products that are the subject of the
requests; have the market indicate the
availability of the supply of products
that are the subject of requests; make
available promptly, to interested entities
and parties, information regarding the
requests for products and offers to
supply received; ensure wide
participation by interested entities and
parties; provide careful scrutiny of
information provided to substantiate
order requests and response to supply
offers; and provide timely public
dissemination of information used by
CITA in making commercial availability
determinations.
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2. Definitions
(a) Commercial Availability Request.
A Commercial Availability Request
(‘‘Request’’) is a request for a
commercial availability determination
submitted by an interested entity
requesting that CITA place a good on
the Commercial Availability List in
Annex 3–B of the US-Colombia TPA in
a restricted or unrestricted quantity
because that fiber, yarn, or fabric is not
available in commercial quantities in a
timely manner from a US-Colombia TPA
supplier.
(b) Commercial Availability List. The
Commercial Availability List is the list
of products (fibers, yarns, and/or
fabrics) in Annex 3–B of the USColombia TPA that have been
determined to be not commercially
available from US-Colombia TPA
suppliers in commercial quantities in a
timely manner.
(c) Fiber, Yarn, or Fabric. The terms
‘‘fiber, yarn, or fabric’’ mean a single
product or a range of products, which
meet the same specifications provided
in a submission, and which may be only
part of a Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
classification.
(d) Interested Entity. An ‘‘interested
entity’’ means the government of
Colombia, a potential or actual
purchaser of a textile or apparel good,
or a potential or actual supplier of a
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textile or apparel good. CITA recognizes
that a legal or other representative may
act on behalf of an interested entity. See
Section 203(o)(4)(B)(i) of the
Implementation Act.
(e) Interested Party. An ‘‘interested
party’’ means any interested person that
requests to be included on the email
notification list for commercial
availability proceedings. Any interested
person may become an interested party
by contacting CITA either by sending an
email to
OTEXA_COLOMBIA@trade.gov, or
through the Web site dedicated to
commercial availability proceedings
under the US-Colombia TPA (‘‘Web
site’’). The Web site is located on the
U.S. Department of Commerce’s Office
of Textile and Apparel Web site
(www.otexa.ita.doc.gov), under
‘‘Commercial Availability’’/‘‘Colombia
TPA.’’
(f) Official Receipt. The ‘‘official
receipt’’ is CITA’s email confirmation
that it has received both the electronic
version and the original submission
signed by the interested entity delivered
via express courier.
(g) Rebuttal Comment. A ‘‘Rebuttal
Comment’’ (‘‘Rebuttal’’) is a submission
from an interested entity providing
information in response to evidence or
arguments raised in a Response. A
Rebuttal must be limited to evidence
and arguments provided in a Response.
(h) Request To Remove or Restrict. A
‘‘Request to Remove or Restrict’’ is a
submission from an interested entity
requesting that CITA either remove a
product or that a quantity restriction be
introduced, made no sooner than six
months after a product has been added
to the Commercial Availability List in
Annex 3–B of the US-Colombia TPA in
an unrestricted quantity pursuant to
Section 203(o)(4) of the Implementation
Act.
(i) Requestor. The ‘‘Requestor’’ refers
to the interested entity that files a
Commercial Availability Request or a
Request to Remove or Restrict, under
the commercial availability provision of
the US-Colombia TPA, for CITA’s
consideration.
(j) Response with an Offer to Supply.
A ‘‘Response with an Offer to Supply’’
(‘‘Response’’) is a submission from an
interested entity to CITA objecting to
the Commercial Availability Request
and asserting its ability to supply the
subject product by providing an offer to
supply the subject product described in
the Request.
(k) U.S. Business Day. A ‘‘U.S.
business day’’ is any calendar day other
than a Saturday, Sunday, or a legal
holiday observed by the Government of
the United States. See section
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203(o)(4)(B)(ii) of the Implementation
Act.
(l) US-Colombia TPA Supplier. A
‘‘US-Colombia TPA Supplier’’ is a
potential or actual supplier of a textile
or apparel good of a producer.
3. Submissions for Participation in a
US-Colombia TPA Commercial
Availability Proceeding
(a) Filing a Submission. All
submissions in a US-Colombia TPA
commercial availability proceeding (e.g.,
Request, Response, Rebuttal, and
Request to Remove or Restrict) must be
in English. If any attachments are in a
language other than English, then a
complete translation must be provided.
Each submission must be submitted to
the Chairman of CITA, in care of the
U.S. Department of Commerce’s Office
of Textiles and Apparel (‘‘OTEXA’’) in
two forms: email and an original signed
submission.
(1) An electronic version of the submission
must be either in PDF, Word, or Word-Perfect
format, must contain an adequate public
summary of any business confidential
information and the due diligence
certification, and be sent to
OTEXA_COLOMBIA@trade.gov. The
electronic version of the submission will be
posted for public review on the US-Colombia
TPA commercial availability Web site. No
business confidential information should be
submitted in the electronic version of any
document.
(2) The original signed submission must be
received via express courier to—Chairman,
Committee for the Implementation of Textile
Agreements, Room 30003, U.S. Department
of Commerce, 14th and Constitution Ave.,
NW., Washington, DC 20230. Any business
confidential information upon which an
interested entity wishes to rely must be
included in the original signed submission
only. Except for the inclusion of business
confidential information and corresponding
public summary, the two versions of a
submission should be identical.
(3) Brackets must be placed around all
business confidential information contained
in submissions. Documents containing
business confidential information must have
a bolded heading stating ‘‘Confidential
Version.’’ Attachments considered business
confidential information must have a heading
stating ‘‘Business Confidential Information.’’
Documents, including those submitted
electronically, provided for public release,
must have a bolded heading stating ‘‘Public
Version’’ and all the business confidential
information must be deleted and substituted
with an adequate public summary.
(4) Generally, details such as quantities
and lead times for providing the subject
product can be treated as business
confidential information. However, the
names of US-Colombia TPA suppliers who
were contacted, what was asked generally
about the capability to manufacture the
subject product, and the responses thereto
should be included in public versions, which
will be made available to the public.
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(b) Due Diligence Certification. An
interested entity must file a certification
of due diligence as described in
subsection (b)(1) with each submission,
both electronic and original signed
versions, containing factual information.
If the interested entity has legal counsel
or other representation, the legal
counsel or other representative must
also file a certification of due diligence
as described in subsection (b)(2) with
each submission, both electronic and
original signed versions, containing
factual information. Accurate
representations of material facts
submitted to CITA for the US-Colombia
TPA commercial availability proceeding
are vital to the integrity of this process
and are necessary for CITA’s effective
administration of the statutory scheme.
Each submission containing factual
information for CITA’s consideration
must be accompanied by the
appropriate certification regarding the
accuracy of the factual information. Any
submission that lacks the applicable
certifications will be considered an
incomplete submission that CITA will
reject and return to the submitter. CITA
may verify any factual information
submitted by interested entities in a USColombia TPA commercial availability
proceeding.
(1) For the person responsible for
presentation of the factual information: I,
(name and title), currently employed by
(interested entity), certify that (1) I have read
the attached submission, and (2) the
information contained in this submission is,
to the best of my knowledge, complete and
accurate.
(2) For the person’s legal counsel or other
representative: I, (name), of (law or other
firm), counsel or representative to (interested
entity), certify that (1) I have read the
attached submission, and (2) based on the
information made available to me by
(person), I have no reason to believe that this
submission contains any material
misrepresentation or omission of fact.
(c) Official Receipt. A submission will
be considered officially submitted to
CITA only when both the electronic
version and the original signed
submission have been received by CITA.
For Requests, CITA will confirm to the
requestor that both versions of the
Request were received through an email
confirmation. CITA’s email
confirmation shall be considered the
‘‘official receipt’’ of the Request, and
also begins the statutory 30 U.S.
business-day process for CITA
consideration of Requests. CITA will
confirm official receipt of any Response
and Rebuttal by posting the submissions
on the US-Colombia TPA commercial
availability Web site.
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4. Submitting a Request for
Consideration in a Commercial
Availability Proceeding
(a) Commercial Availability Request.
An interested entity may submit a
Request to CITA alleging that a fiber,
yarn, or fabric is not available in
commercial quantities in a timely
manner from a US-Colombia TPA
supplier.
(b) Contents of a Commercial
Availability Request.
(1) Detailed Product Information. The
Request must provide a detailed description
of the subject product, including, if
applicable, fiber content, construction, yarn
size, and finishing processes; and the
classification of the product under the
HTSUS. All measurements in the entire
submission must be stated in metric units. If
the English count system is used in any part,
then a conversion to metric units must be
provided. The description must include
reasonable product specifications, including,
if applicable, fiber content, construction,
yarn size, and finishing processes, as well as
timelines and quantities. Reasonable product
specifications include the use of accepted
terminology and standards, such as those
used by the American Society for Testing and
Materials (‘‘ASTM’’) or the American
Association of Textile Chemists and Colorists
(‘‘AATCC’’).
If any aspect of the Request is outside the
normal course of business (e.g., tight
deadline, higher standards of performance,
requirements to match existing
specifications), requestors must provide USColombia TPA suppliers with detailed
explanations and measurable criteria for the
specification or term at issue. In the course
of its review of the Request, CITA will
consider record evidence to determine
whether such specifications and terms are
reasonable.
The requestor must clearly describe the
unique characteristics of the subject product
that distinguishes it from other similar or
potentially substitutable products. In
addition, the requestor must also explain
why such characteristics are required for the
purposes of the end-use of the product and
cannot be substituted by another product.
However, all characteristics and
specifications must be supported by
measurable criteria.
(2) Quantity. The Request must provide the
specific quantity of the product needed by
the requestor, in standard units of quantity
for production of the subject product in the
United States or Colombia.
(3) Due Diligence. The Request must
provide a complete description of the due
diligence undertaken by the requestor to
determine the subject product’s availability
in the United States or Colombia. Due
diligence for the requestor means it has made
reasonable efforts to obtain the subject
product from US-Colombia TPA suppliers.
(i) Generally: The requestor must provide
the names and addresses of suppliers
contacted, who (by name and position) was
specifically contacted, the exact request that
was made, the dates of those contacts,
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whether a sample of the subject product was
provided for review, and the exact response
given for the supplier’s inability to supply
the subject product under the same
conditions as contained in the Request
submitted to CITA, in addition to any other
information the requestor believes is
relevant. The requestor must submit copies
or notes of relevant correspondence, both
inquiries and responses, with these
suppliers. Relevant correspondence includes
notes of telephone conversations.
(ii) Identification of US-Colombia TPA
Suppliers: Requestors must make reasonable
efforts to identify US-Colombia TPA
suppliers in the United States or Colombia.
Requestors should identify US-Colombia
TPA suppliers through a number of means,
including the requestor’s knowledge of the
industry, industry directories, and industry
association memberships. However, an email
from a requestor with a general inquiry to all
manufacturers in the United States or
Colombia may not constitute due diligence.
Rather, reasonable efforts must be taken to
identify US-Colombia TPA suppliers who are
generally known to produce the class or type
of product at issue. Requestors must provide
an explanation in their Request as to why
their efforts to identify US-Colombia TPA
suppliers were reasonable given the product
at issue.
(iii) Use of Third Parties and Business-toBusiness Contact: Due diligence includes
substantive and direct contact, indicating a
legitimate intent to do business, between
requestors and US-Colombia TPA suppliers.
Third party communications are no
substitute for meaningful dialogue between
appropriate officials. Once interest is
expressed between requestors and USColombia TPA suppliers, subsequent
communications should be conducted by
appropriate officials of the requestor and USColombia TPA supplier based on normal
business practice. A lack of appropriate
business-to-business contact may be deemed
as insufficient due diligence.
(iv) Description of the Subject Product: In
undertaking due diligence, requestors must
provide a detailed description of the product
to US-Colombia TPA suppliers. The
description must include reasonable product
specifications, including, if applicable, fiber
content, construction, yarn size, and may
include a finishing process or operation, as
well as timelines and quantities. Reasonable
product specifications include the use of
accepted terminology and standards, such as
those used by ASTM or AATCC. If any aspect
of the Request is outside the normal course
of business (e.g., tight deadline, higher
standards of performance, requirements to
match existing specifications), requestors
must provide US-Colombia TPA suppliers
with detailed explanations and measurable
criteria for the specification or term at issue
that would render such aspects as reasonable
for the product in question. CITA will
consider record evidence to determine
whether such specifications and terms are
reasonable.
(v) Provision of Samples: In undertaking its
due diligence, a requestor must clearly
communicate to US-Colombia TPA suppliers
its standard business practice with respect to
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the provision of samples. While requestors
may request a sample, a US-Colombia TPA
supplier is not required to provide a sample
under CITA’s procedures. However, CITA
notes that US-Colombia TPA suppliers must
meet certain requirements with respect to the
provision of samples and/or information
demonstrating their ability to supply the
subject product in commercial quantities in
a timely manner. See Section 6(b)(3) and
Section 6(b)(4).
(vi) Substitutability of Products: In
undertaking its due diligence, a requestor
must clearly communicate information
regarding the substitutability of the product
in question to US-Colombia TPA suppliers.
In its inquiries to US-Colombia TPA
suppliers, the requestor must clearly describe
the unique characteristics of the subject
product that distinguishes it from other
similar or potentially substitutable products.
In addition, the requestor must provide USColombia TPA suppliers with information
why such characteristics are required for the
purposes of the end-use of the product and
cannot be substituted by another product.
However, all characteristics and
specifications must be supported by
measurable criteria. If, in the course of due
diligence, a US-Colombia TPA supplier
proposes a substitutable product, the
requestor must provide reasonable
justifications to the US-Colombia TPA
supplier for rejecting potentially
substitutable products.
(vii) Treatment of Business Confidential
Information: Specific details of
correspondence with suppliers, such as
quantities and lead times for providing the
subject product, can be treated as business
confidential information. However, the
names of US-Colombia TPA suppliers who
were contacted, what was asked generally
about the capability to manufacture the
subject product, and the responses thereto
should be available for public review to
ensure proper public participation in the
process. ‘‘Lead times’’ refers to supplying the
subject product within normal business time
frames for the subject product once an order
is received. Specific delivery dates are not
necessary. Required delivery dates that fall
within the time needed to complete the
commercial availability determination
process are not acceptable.
(4) Substitutable Products. The Request
must provide information on whether the
requestor believes that other products
supplied by the US-Colombia TPA supplier
are not substitutable in commercial
quantities in a timely manner for the
product(s) that is (are) the subject of the
Request for purposes of the intended use.
Clearly describe the unique characteristics of
the subject product that distinguishes it from
other similar or potentially substitutable
products. Describe why such characteristics
are required for the purposes of the end-use
of the product and cannot be substituted by
another product available from a USColombia TPA supplier.
(5) Additional Information. The Request
may provide any additional evidence or
information believed to be relevant for CITA
to determine whether a fiber, yarn, or fabric
is not available in commercial quantities in
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a timely manner from a supplier in the
United States or Colombia.
5. Consideration and Acceptance of a
Request
In considering whether to accept a
Request, CITA will consider and
determine whether the Request provides
all the required information specified in
Sections 3 and 4 of these Procedures.
CITA will determine whether to accept
the Request for consideration and
investigation not later than two U.S.
business days after the official receipt of
a Request.
(a) Request Rejected. If CITA
determines that the Request does not
contain the required information, the
requestor will be notified promptly by
email that the Request has not been
accepted and the reasons for the
rejection. A Request may be resubmitted
with additional information for the
subject product and CITA will
reevaluate it as a new Request.
(1) Requests for Downstream Products With
Inputs Not Commercially Available. If, in its
initial review of a Request, CITA determines
that a subject product would be
commercially available but for the
commercial unavailability of a certain input
of the subject product, CITA will reject the
Request. The requestor may submit a Request
for the input in question rather than the
downstream product.
(2) Requests for Products With Prohibited
Inputs, Specifications, and/or Processes. If,
in its initial review of a Request, CITA
determines that the subject product requires
inputs, specifications, and/or processes that
are prohibited under the laws and regulations
of the United States, CITA will reject the
Request if there is a substitute product that
does not require such prohibited inputs,
specifications, or processes.
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(b) Request Accepted. If CITA
determines that the Request contains the
required information, CITA will notify
interested parties by email that a
Request has been accepted and filed and
will assign a File Number. CITA will
post the accepted Request on its Web
site for public notice. The email
notification and the Web site posting
will indicate the calendar date
deadlines for submitting Responses and
Rebuttals.
6. Submitting a Response With an Offer
To Supply
Responses must meet the
requirements outlined in Section 3 of
these Procedures. General comments in
support of or opposition to a Request do
not meet the requirements of a
Response. A Due Diligence Certification
must accompany a Response.
(a) Response With an Offer to Supply
Submission. An interested entity (a USColombia TPA supplier) may file a
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Response to a Request CITA accepted
advising CITA of its objection to the
Request and its ability to supply the
subject product by providing an offer to
supply the subject product as described
in the Request. An interested entity will
have 10 U.S. business days after official
receipt of a Request to respond to a
Request. If good cause is shown, CITA
may extend this deadline.
(b) Contents of a Response With an
Offer To Supply.
(1) File Number. The Response must
reference the CITA File Number assigned to
the particular Request being addressed.
(2) Quantity. The Response must supply
the quantity of the subject product that the
respondent is capable of currently supplying,
in standard units of quantity. All
measurements must be in metric units. If the
English count system is used in any part,
then a conversion to metric units must be
provided.
(3) Production Capability/Demonstration of
Ability To Supply. A Response must contain
information supporting the claim to supply
the subject product, or one substitutable, in
commercial quantities in a timely manner.
(i) The Response must report the quantity,
in metric units, that the US-Colombia TPA
supplier produced of the subject product, or
a substitutable product, in the preceding 24month period.
(ii) For products that have experienced
cyclical demand or are not currently
produced, the US-Colombia TPA supplier
must indicate the quantity that has been
supplied or offered commercially in the past,
with an explanation of the reasons it is not
currently produced or offered.
(iii) If the subject product involves a new
style, weight, or other variation that is new
to the market or new to the US-Colombia
TPA supplier, then the supplier must provide
detailed information on its current ability to
make the subject product in commercial
quantities in a timely manner. Such
information could include current
production capacity, current loom
availability, and standard timetables to
produce.
(iv) A US-Colombia TPA supplier may
support its claim to be able to produce the
subject product through provision of a
sample meeting exactly the specifications as
presented in the Request. However, the
provision of a sample is not required.
Regardless of whether a sample is provided,
a respondent must demonstrate its ability to
produce the subject product by providing
sufficient relevant information regarding
their production capability. Such information
could include past production of similar
products and/or descriptions of equipment
and identification of suppliers necessary to
produce the subject product. If some
operations, such as finishing, will be
completed by other entities, the name of the
facility and contact information must be
provided.
(v) The Response may provide, if relevant,
the basis for the US-Colombia TPA supplier’s
rationale that other products that are
supplied by the US-Colombia TPA supplier
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in commercial quantities in a timely manner
are substitutable for the subject product(s) for
purposes of the intended use, supported by
measurable criteria.
(vi) In its review of a Response, CITA will
consider whether the US-Colombia TPA
supplier was responsive to the efforts
employed by the requestor to obtain the
subject product in the course of due
diligence. In the event that a US-Colombia
TPA supplier was not responsive, a USColombia TPA supplier must provide a
reasonable explanation in its Response as to
why it did not respond to earlier inquiries by
the requestor in the course of due diligence.
CITA will reject a Response if it does not
include such explanation.
(4) Due Diligence. The Response must
provide a complete description of the due
diligence undertaken by the US-Colombia
TPA supplier to substantiate the ability to
supply the subject product. If a US-Colombia
TPA supplier has participated in the
requestor’s undertaking of due diligence, the
supplier must provide certain information in
response to the requestor’s inquiries.
(i) If a US-Colombia TPA supplier has been
responsive to a requestor in the undertaking
of due diligence, the US-Colombia TPA
supplier must have stated its ability to
supply or not supply the subject product. If
the product can be supplied, the response to
the inquiry must contain information
supporting the US-Colombia TPA supplier’s
claim to supply the subject product, or one
substitutable, in commercial quantities in a
timely manner.
(ii) If a US-Colombia TPA supplier offers
to supply the subject product, the supplier
may support its offer by reporting the
quantity, in metric units, that it has produced
of the subject product, or a substitutable
product, in the preceding 24-month period.
If the US-Colombia TPA supplier does not
provide such information, it must, subject to
section 6(b)(4)(vii), explain why the
information it has provided sufficiently
supports its offer to supply.
(iii) In response to a requestor’s inquiry, for
products that have experienced cyclical
demand or are not currently produced, the
US-Colombia TPA supplier must provide the
requestor the quantity that has been supplied
or offered commercially in the past, with an
explanation of the reasons it is not currently
produced or offered.
(iv) If the subject product involves a new
style, weight, or other variation that is new
to the market or new to the US-Colombia
TPA supplier, then the supplier must provide
detailed information on its current ability to
make the subject product in commercial
quantities in a timely manner. Such
information could include current
production capacity, current loom
availability, and standard timetables to
produce the subject product.
(v) A US-Colombia TPA supplier may
support its claim to be able to produce the
subject product through provision of a
sample meeting the specifications as
presented in an inquiry. However, the
provision of a sample is not required.
Regardless of whether a sample is provided,
the US-Colombia TPA supplier must
demonstrate its ability to produce the subject
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product by providing sufficient relevant
information regarding their production
capability. Such information could include
past production of similar products and/or
descriptions of equipment and identification
of suppliers necessary to produce the subject
product. If some operations, such as
finishing, will be completed by other entities,
the name of the facility and contact
information must be provided.
(vi) A response to a requestor’s inquiry
must provide, as applicable, the basis for the
US-Colombia TPA supplier’s rationale that
other products that are supplied by the USColombia TPA supplier in commercial
quantities in a timely manner are
substitutable for the subject product for
purposes of the intended use, supported by
measurable criteria.
(vii) Nothing in these procedures shall
require any US-Colombia TPA supplier to
provide business confidential or other
commercially sensitive information to a
requestor. However, a US-Colombia TPA
supplier must provide the requestor a
reasonable explanation why such
information was not provided and why the
information it has provided sufficiently
supports its offer to supply.
(5) Location of the US-Colombia TPA
supplier. The Response must provide the
name, address, phone number, and email
address of a contact person at the facility
claimed to be able to supply the subject
product.
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7. Submitting a Rebuttal Comment
A Rebuttal must meet the
requirements outlined in Section 3 of
these procedures. General comments in
support of or opposition to a Request or
a Response do not meet the
requirements of a Rebuttal. A Due
Diligence Certification must accompany
a Rebuttal.
(a) Rebuttal Comment. Any interested
entity may submit a Rebuttal to a
Response. An interested entity must
submit its Rebuttal not later than 4 U.S.
business-days after the deadline for
Response. If good cause is shown, CITA
may extend the time limit.
(b) Contents of a Rebuttal. The
Rebuttal Comment may respond only to
evidence or arguments raised in the
Response and must identify the
Response, evidence and/or arguments to
which it is responding. The Rebuttal
must reference the CITA File Number
assigned to the particular Request being
addressed.
8. Determination Process
(a) Not later than 30 U.S. business
days after official receipt of a Request
(or not later than 44 U.S. business days
where an extension is provided), CITA
will notify interested entities by email
and will post a notice on its Web site
whether the subject product is available
in commercial quantities in a timely
manner in the United States or
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Colombia and whether an interested
entity has objected to the Request.
(b) CITA will notify the public of the
determination by publication in the
Federal Register when the
determination results in a change to the
Commercial Availability List in Annex
3–B of the US-Colombia TPA.
(c) Types of Determinations.
(1) Denial. A denial means that CITA
has determined that the subject product
is available in commercial quantities in
a timely manner in the United States or
Colombia. If a Request is denied, notice
of the denial will be posted on the USColombia TPA Commercial Availability
Web site.
(i) Denial of Requests for Downstream
Products With Inputs Not Commercially
Available: If, during the course of its review
of a Request, CITA determines that the
subject product is commercially available but
for the commercial unavailability of a certain
input of the subject product, CITA will deny
the Request. The requestor may submit a
Request for the input in question rather than
the downstream product.
(ii) Denial of Requests for Products With
Prohibited Inputs, Specifications, and/or
Processes: If, during the course of its review
of a Request, CITA determines that the
subject product requires inputs,
specifications, and/or processes that are
prohibited under the laws and regulations of
the United States, CITA will deny the
Request if there is a substitute product that
does not require such prohibited inputs,
specifications, or processes.
(2) Approval in Unrestricted Quantity.
An approval in unrestricted quantities
means that CITA has determined that
the subject product is not available in
commercial quantities in a timely
manner in the United States or
Colombia or that no interested entity
has objected to the Request.
If a Request is approved without
restriction, a notice will be published in
the U.S. Federal Register not later than
30 U.S. business days (or not more than
44 U.S. business days where an
extension is provided) after the official
receipt of a Request, adding the subject
product to the Commercial Availability
List in Annex 3–B of the US-Colombia
TPA. The effective date of the
determination is the date of publication
of the notice in the U.S. Federal
Register.
(3) Approval in a Restricted Quantity.
(i) Approval in a Restricted Quantity: An
Approval in a Restricted Quantity means that
CITA has determined to add the subject
product to the Commercial Availability List
in Annex 3–B of the US-Colombia TPA with
a specified restricted quantity. CITA may
approve the Request in a restricted quantity
if CITA determines that a US-Colombia TPA
supplier(s) can partially fulfill the Request
for the subject product. The restricted
quantity specifies the amount of the subject
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66593
product that can be provided by a USColombia TPA supplier(s).
(A) If a Request is approved in a restricted
quantity, a notice will be published in the
Federal Register not later than 30 U.S.
business days (or not more the 44 U.S.
business days where an extension is
provided) after official receipt of the Request,
adding the subject product to the Commercial
Availability List in Annex 3–B of the USColombia TPA with a specified restricted
quantity. The restricted quantity specifies the
amount of the subject product that can be
provided by a US-Colombia TPA supplier(s).
(B) The effective date of the determination
will be the date of publication in the U.S.
Federal Register.
(ii) Elimination of a restricted quantity: Not
later than six months after adding a product
to the Commercial Availability List in Annex
3–B of the US-Colombia TPA in a restricted
quantity, CITA may eliminate the restriction
if it determines that the subject product is not
available in commercial quantities in a
timely manner in the United States or
Colombia. See Section 203(o)(4)(C)(vi) of the
Implementation Act.
(A) The determination that the subject
product is not available in commercial
quantities in a timely manner will be based
upon whether the restricted quantity has
been provided by a US-Colombia TPA
supplier(s). CITA will solicit comments and
information from the US-Colombia TPA
supplier(s) and the requestor.
(B) If the US-Colombia TPA supplier(s) are
still capable of providing the restricted
quantity, the restriction will remain.
(C) If the US-Colombia TPA supplier(s) are
unable to provide the restricted quantity,
CITA will eliminate the quantity restriction.
CITA will publish a notice in the U.S.
Federal Register, and post on the Web site,
that the quantity restriction is eliminated and
the subject product is added to the
Commercial Availability List in Annex 3–B
of the US-Colombia TPA in an unrestricted
quantity. The effective date of the
determination will be the date of publication
in the U.S. Federal Register.
(4) Insufficient Information To
Determine. CITA will extend its time
period for consideration of the Request
by an additional 14 U.S. business days
in the event that CITA determines, not
later than 30 U.S. business days after
official receipt of a Request, that it has
insufficient information to make a
determination regarding the ability of a
US-Colombia TPA supplier to supply
the subject products of the Request
based on the submitted information.
CITA will normally determine that it
does not have sufficient information to
make a determination on a Request
when CITA finds there is inconsistency
in material information contained in the
Request, one or more Responses, and/or
the Rebuttal(s). CITA will notify
interested parties via email that it has
extended the time period for CITA’s
consideration by 14 U.S. business-days.
CITA also will announce the extension
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on the Web site for US-Colombia TPA
commercial availability proceedings.
(i) Process During Extension Period:
During the extended time period, CITA
will request that interested entities
provide additional evidence to
substantiate the information provided,
and may initiate a meeting with
interested entities. Such evidence may
include, inter alia, product samples, lab
tests, detailed descriptions of product
facilities, and comparisons of product
performance in the intended end-use of
the subject product. Any samples, if
requested, of fibers, yarns, or fabrics,
that are provided to CITA will be made
available for public inspection at the
Office of Textiles and Apparel, Room
30003, U.S. Department of Commerce,
14th St. and Constitution Ave. NW.,
Washington, DC 20230. All written
submissions must follow instructions
described in Section 3 of these
procedures. Samples should be
identified with a cover sheet that
describes the specifications of the
sample and be identical to the
specifications of the Request. If CITA
conducts a meeting, it will comply with
requirements to conduct proceedings in
an open manner.
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(ii) CITA also will consider evidence in
support of claims that US-Colombia TPA
supplier(s) can supply a substantially similar
product to that specified in the Request.
(ii) CITA will make a determination, not
later than 44 U.S. business days after the
official receipt of a Request whether to
approve, approve with restriction, or deny
the Request and will follow the notification
process accordingly.
(5) Deemed Approval. In the event
that CITA does not make a
determination in response to a Request
to add a product to the Commercial
Availability List in Annex 3–B of the
US-Colombia TPA within the statutory
deadlines provided, not later than 45
U.S. business-days after the official
receipt of the Request or not later than
60 U.S. business-days after the official
receipt of the Request that was
determined to lack sufficient
information pursuant to Section 8(c)(4)
of these Procedures, the requested
subject product shall be added to the
Commercial Availability List in Annex
3–B of the US-Colombia TPA, in an
unrestricted quantity, in accordance
with the requirements of section
203(o)(4)(D) of the Implementation Act.
CITA will notify the public of the
deemed approval by publication in the
Federal Register and posting on
OTEXA’s Web site.
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9. Submitting a Request To Remove or
Restrict
Remove or Restrict in the U.S. Federal
Register.
(a) Request To Remove or Restrict. No
earlier than six months after a product
has been added to the Commercial
Availability List in Annex 3–B of the
US-Colombia TPA in an unrestricted
quantity pursuant to Sections 203(o)(2),
203(o)(4)(C)(iii) or (vi), or 203(o)(4)(D) of
the Implementation Act, an interested
entity may submit a request to CITA
requesting that a product be either
removed from the List in Annex 3–B or
that a quantity restriction be introduced.
See Section 203(o)(4)(E)(i) of the
Implementation Act.
(b) Content of a Request To Remove
or Restrict. The Request to Remove or
Restrict must provide the substantive
information set forth in Section 6(b)
(Contents of a Response with an Offer to
Supply) of these procedures.
(c) Procedures.
(1) In considering whether to accept a
Request to Remove or Restrict, CITA
will follow procedures set forth in
Section 5 (Consideration and
Acceptance of a Request) of these
procedures.
(2) If CITA determines to accept the
Request to Remove or Restrict, CITA
and any responding interested entity
shall follow applicable procedures and
contents set forth in subsection 6(a)
(Response with an Offer to Supply) and
Section 7 (Submitting a Rebuttal
Comment) of these procedures.
(3) As set forth in subsections 8(a) and
(b) (Determination Process) of these
procedures, CITA will determine
whether the subject product of the
Request to Remove or Restrict is
available in commercial quantities in a
timely manner from a US-Colombia TPA
supplier not later than 30 U.S. business
days after the official receipt of the
Request to Remove or Restrict.
(i) If CITA determines that the
product is available in commercial
quantities in a timely manner in the
United States or Colombia, then that
product will be removed from the
Commercial Availability List in Annex
3–B of the US-Colombia TPA.
(ii) If CITA determines that the
product is available in restricted
quantities in a timely manner in the
United States or Colombia, then a
restricted quantity will be introduced
for that product.
(iii) If the Commercial Availability
List in Annex 3–B of the US-Colombia
TPA changes as a result of CITA’s
determination for the Request to
Remove or Restrict, CITA will notify
interested parties by email of its
determination and will publish a notice
of its determination for the Request to
(A) For removal, the notice of
determination will state that textile and
apparel good containing the subject product
are not to be treated as originating in either
the United States or Colombia if the subject
product is obtained from sources outside the
United States or Colombia, effective for goods
entered into the United States on or after six
months (i.e., 180 calendar days) after the date
of publication of the notice. See Section
203(o)(4)(E)(iv) of the Implementation Act.
(B) For restriction, the notice of
determination will specify the restricted
quantity for the subject product that is to be
effective on or after six months (i.e., 180
calendar days) after the publication date of
the notice. See Section 203(o)(4)(E)(iv) of the
Implementation Act.
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Request for Comments on the Interim
Procedures
Comments must be received no later
than December 6, 2012, and in the
following format:
(1) Comments must be in English.
(2) Comments must be submitted
electronically or in hard copy, with
original signatures.
(3) Comments submitted
electronically must be either in PDF,
Word, or Word-Perfect format, and sent
to the following email address:
OTEXA_COLOMBIA@trade.gov.
Comments submitted electronically will
be posted for public review on the Web
site dedicated to US-Colombia TPA
commercial availability proceedings.
(4) Comments submitted in hard copy
must be original signed documents and
must be mailed to the Chairman,
Committee for the Implementation of
Textile Agreements, Room 30003, U.S.
Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC 20230. Comments submitted in hard
copy will be made available for public
inspection at the Office of Textiles and
Apparel, Room 30003, U.S. Department
of Commerce, 14th and Constitution
Avenue NW., Washington, DC, between
the hours of 8:30 a.m. and 5:00 p.m. on
business days. In addition, comments
submitted in hard copy will also be
posted for public review on the Web site
dedicated to U.S.-Colombia TPA
commercial availability proceedings.
Janet E. Heinzen,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. 2012–27090 Filed 11–5–12; 8:45 am]
BILLING CODE 3510–DR–P
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[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66588-66594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27090]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
[Docket 121018561-2561-01; OMB Control : 0625-0272
(Expiration: 10/31/2015)]
RIN 0625-XC004
Interim Procedures for Considering Requests Under the Commercial
Availability Provision of the United States-Colombia Trade Promotion
Agreement
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Notice of Interim Procedures and Request for Comments.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth the interim procedures the Committee
for the Implementation of Textile Agreements (``CITA'') will follow in
implementing certain provisions of the
[[Page 66589]]
United States-Colombia Trade Promotion Agreement (``US-Colombia TPA'').
Section 203(o)(4) of the United States-Colombia Trade Promotion
Agreement Implementation Act (``Implementation Act'') authorizes the
President to establish procedures to modify the list of fabrics, yarns,
or fibers not available in commercial quantities in a timely manner in
either the United States or Colombia as set out in Annex 3-B of the US-
Colombia TPA. The President has delegated to CITA the authority to
determine whether fabrics, yarns, or fibers are not available in
commercial quantities in a timely manner in either the United States or
Colombia and has directed CITA to establish procedures that govern the
submission of a request and provide the opportunity for interested
entities to submit comments and supporting evidence for any such
determination pursuant to the Implementation Act. CITA hereby gives
notice to interested entities of the procedures CITA will follow in
considering such requests and solicits public written comments on these
interim procedures. CITA will be using the procedures detailed in this
notice as of November 6, 2012.
DATES: Comments on the interim procedures must be received no later
than December 6, 2012 of this notice, either in hard copy or
electronically.
ADDRESSES: If submitting comments in hard copy, an original, signed
hard copy must be submitted to the Chairman, Committee for the
Implementation of Textile Agreements, Room 30003, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230. If submitting comments electronically, the electronic copy must
be submitted to OTEXA_COLOMBIA@trade.gov. All submitted comments will
be posted for public review on the Web site dedicated to US-Colombia
TPA commercial availability proceedings. The Web site is located on the
U.S. Department of Commerce's Office of Textile and Apparel Web site
(www.otexa.ita.doc.gov), under ``Commercial Availability''/``Colombia
TPA.'' Additional instructions regarding the submission of comments may
be found at the end of this notice.
FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION: Legal Authority: Section 203(o) of the
Implementation Act and Proclamation No. 8818, 77 FR 29519 (May 18,
2012).
Background
The US-Colombia TPA provides a list in Annex 3-B for fabrics,
yarns, and fibers that the United States has determined are not
available in commercial quantities in a timely manner from producers in
the United States or Colombia. A textile or apparel good must satisfy
the specific rules of origin in Annex 3-A of the US-Colombia TPA as
well as other requirements of the Agreement. However, a textile and
apparel good containing fabrics, yarns, or fibers that are included on
the list in Annex 3-B of the US-Colombia TPA will be treated as if it
is an originating good for purposes of the US-Colombia TPA, regardless
of the actual origin of those inputs in accordance with the specific
rules of origin in Annex 3-A, Notes to Section XI. The Implementation
Act provides that the President will establish procedures governing the
submission of requests under Section 203(o)(4) (``the commercial
availability provision''), and as set forth in the US-Colombia TPA, and
may determine whether additional fabrics, yarns, or fibers are
available or are not available in commercial quantities in a timely
manner in the United States or Colombia. In addition, Section 203(o)(4)
of the Implementation Act establishes that the President may restrict
the quantity of, or remove a fabric, yarn, or fiber from the list, if
it has been added to the list in an unrestricted quantity or has had a
restriction eliminated, if he determines that the fabric, yarn, or
fiber has become available in commercial quantities in a timely manner.
In Proclamation No. 8818 (77 FR 29519, May 18, 2012), the President
delegated to CITA his authority under the commercial availability
provision to establish procedures for modifying the list of fabrics,
yarns, or fibers not available in commercial quantities in a timely
manner, as set out in Annex B of the US-Colombia TPA.
Pursuant to that delegation, CITA provides below its interim
procedures governing the submission of requests under Section 203(o)(4)
set forth in the Implementation Act. As of November 6, 2012, CITA
intends to use these procedures to process requests for modifying the
list of fabrics, yarns, or fibers not available in commercial
quantities. CITA intends to publish its final procedures after
considering any public comments received pursuant to its request for
comments.
Interim Procedures
1. Introduction
The intent of these procedures is to foster trade in U.S. and
Colombian textile and apparel goods by allowing non-originating fibers,
yarns, or fabrics to be placed on or removed from a list of items not
available in commercial quantities in a timely manner, and in a manner
that is consistent with normal business practice. To this end, these
procedures are intended to facilitate the transmission, on a timely
basis, of requests for commercial availability determinations and
offers to supply the products that are the subject of the requests;
have the market indicate the availability of the supply of products
that are the subject of requests; make available promptly, to
interested entities and parties, information regarding the requests for
products and offers to supply received; ensure wide participation by
interested entities and parties; provide careful scrutiny of
information provided to substantiate order requests and response to
supply offers; and provide timely public dissemination of information
used by CITA in making commercial availability determinations.
2. Definitions
(a) Commercial Availability Request. A Commercial Availability
Request (``Request'') is a request for a commercial availability
determination submitted by an interested entity requesting that CITA
place a good on the Commercial Availability List in Annex 3-B of the
US-Colombia TPA in a restricted or unrestricted quantity because that
fiber, yarn, or fabric is not available in commercial quantities in a
timely manner from a US-Colombia TPA supplier.
(b) Commercial Availability List. The Commercial Availability List
is the list of products (fibers, yarns, and/or fabrics) in Annex 3-B of
the US-Colombia TPA that have been determined to be not commercially
available from US-Colombia TPA suppliers in commercial quantities in a
timely manner.
(c) Fiber, Yarn, or Fabric. The terms ``fiber, yarn, or fabric''
mean a single product or a range of products, which meet the same
specifications provided in a submission, and which may be only part of
a Harmonized Tariff Schedule of the United States (``HTSUS'')
classification.
(d) Interested Entity. An ``interested entity'' means the
government of Colombia, a potential or actual purchaser of a textile or
apparel good, or a potential or actual supplier of a
[[Page 66590]]
textile or apparel good. CITA recognizes that a legal or other
representative may act on behalf of an interested entity. See Section
203(o)(4)(B)(i) of the Implementation Act.
(e) Interested Party. An ``interested party'' means any interested
person that requests to be included on the email notification list for
commercial availability proceedings. Any interested person may become
an interested party by contacting CITA either by sending an email to
OTEXA_COLOMBIA@trade.gov, or through the Web site dedicated to
commercial availability proceedings under the US-Colombia TPA (``Web
site''). The Web site is located on the U.S. Department of Commerce's
Office of Textile and Apparel Web site (www.otexa.ita.doc.gov), under
``Commercial Availability''/``Colombia TPA.''
(f) Official Receipt. The ``official receipt'' is CITA's email
confirmation that it has received both the electronic version and the
original submission signed by the interested entity delivered via
express courier.
(g) Rebuttal Comment. A ``Rebuttal Comment'' (``Rebuttal'') is a
submission from an interested entity providing information in response
to evidence or arguments raised in a Response. A Rebuttal must be
limited to evidence and arguments provided in a Response.
(h) Request To Remove or Restrict. A ``Request to Remove or
Restrict'' is a submission from an interested entity requesting that
CITA either remove a product or that a quantity restriction be
introduced, made no sooner than six months after a product has been
added to the Commercial Availability List in Annex 3-B of the US-
Colombia TPA in an unrestricted quantity pursuant to Section 203(o)(4)
of the Implementation Act.
(i) Requestor. The ``Requestor'' refers to the interested entity
that files a Commercial Availability Request or a Request to Remove or
Restrict, under the commercial availability provision of the US-
Colombia TPA, for CITA's consideration.
(j) Response with an Offer to Supply. A ``Response with an Offer to
Supply'' (``Response'') is a submission from an interested entity to
CITA objecting to the Commercial Availability Request and asserting its
ability to supply the subject product by providing an offer to supply
the subject product described in the Request.
(k) U.S. Business Day. A ``U.S. business day'' is any calendar day
other than a Saturday, Sunday, or a legal holiday observed by the
Government of the United States. See section 203(o)(4)(B)(ii) of the
Implementation Act.
(l) US-Colombia TPA Supplier. A ``US-Colombia TPA Supplier'' is a
potential or actual supplier of a textile or apparel good of a
producer.
3. Submissions for Participation in a US-Colombia TPA Commercial
Availability Proceeding
(a) Filing a Submission. All submissions in a US-Colombia TPA
commercial availability proceeding (e.g., Request, Response, Rebuttal,
and Request to Remove or Restrict) must be in English. If any
attachments are in a language other than English, then a complete
translation must be provided. Each submission must be submitted to the
Chairman of CITA, in care of the U.S. Department of Commerce's Office
of Textiles and Apparel (``OTEXA'') in two forms: email and an original
signed submission.
(1) An electronic version of the submission must be either in
PDF, Word, or Word-Perfect format, must contain an adequate public
summary of any business confidential information and the due
diligence certification, and be sent to OTEXA_COLOMBIA@trade.gov.
The electronic version of the submission will be posted for public
review on the US-Colombia TPA commercial availability Web site. No
business confidential information should be submitted in the
electronic version of any document.
(2) The original signed submission must be received via express
courier to--Chairman, Committee for the Implementation of Textile
Agreements, Room 30003, U.S. Department of Commerce, 14th and
Constitution Ave., NW., Washington, DC 20230. Any business
confidential information upon which an interested entity wishes to
rely must be included in the original signed submission only. Except
for the inclusion of business confidential information and
corresponding public summary, the two versions of a submission
should be identical.
(3) Brackets must be placed around all business confidential
information contained in submissions. Documents containing business
confidential information must have a bolded heading stating
``Confidential Version.'' Attachments considered business
confidential information must have a heading stating ``Business
Confidential Information.'' Documents, including those submitted
electronically, provided for public release, must have a bolded
heading stating ``Public Version'' and all the business confidential
information must be deleted and substituted with an adequate public
summary.
(4) Generally, details such as quantities and lead times for
providing the subject product can be treated as business
confidential information. However, the names of US-Colombia TPA
suppliers who were contacted, what was asked generally about the
capability to manufacture the subject product, and the responses
thereto should be included in public versions, which will be made
available to the public.
(b) Due Diligence Certification. An interested entity must file a
certification of due diligence as described in subsection (b)(1) with
each submission, both electronic and original signed versions,
containing factual information. If the interested entity has legal
counsel or other representation, the legal counsel or other
representative must also file a certification of due diligence as
described in subsection (b)(2) with each submission, both electronic
and original signed versions, containing factual information. Accurate
representations of material facts submitted to CITA for the US-Colombia
TPA commercial availability proceeding are vital to the integrity of
this process and are necessary for CITA's effective administration of
the statutory scheme. Each submission containing factual information
for CITA's consideration must be accompanied by the appropriate
certification regarding the accuracy of the factual information. Any
submission that lacks the applicable certifications will be considered
an incomplete submission that CITA will reject and return to the
submitter. CITA may verify any factual information submitted by
interested entities in a US-Colombia TPA commercial availability
proceeding.
(1) For the person responsible for presentation of the factual
information: I, (name and title), currently employed by (interested
entity), certify that (1) I have read the attached submission, and
(2) the information contained in this submission is, to the best of
my knowledge, complete and accurate.
(2) For the person's legal counsel or other representative: I,
(name), of (law or other firm), counsel or representative to
(interested entity), certify that (1) I have read the attached
submission, and (2) based on the information made available to me by
(person), I have no reason to believe that this submission contains
any material misrepresentation or omission of fact.
(c) Official Receipt. A submission will be considered officially
submitted to CITA only when both the electronic version and the
original signed submission have been received by CITA. For Requests,
CITA will confirm to the requestor that both versions of the Request
were received through an email confirmation. CITA's email confirmation
shall be considered the ``official receipt'' of the Request, and also
begins the statutory 30 U.S. business-day process for CITA
consideration of Requests. CITA will confirm official receipt of any
Response and Rebuttal by posting the submissions on the US-Colombia TPA
commercial availability Web site.
[[Page 66591]]
4. Submitting a Request for Consideration in a Commercial Availability
Proceeding
(a) Commercial Availability Request. An interested entity may
submit a Request to CITA alleging that a fiber, yarn, or fabric is not
available in commercial quantities in a timely manner from a US-
Colombia TPA supplier.
(b) Contents of a Commercial Availability Request.
(1) Detailed Product Information. The Request must provide a
detailed description of the subject product, including, if
applicable, fiber content, construction, yarn size, and finishing
processes; and the classification of the product under the HTSUS.
All measurements in the entire submission must be stated in metric
units. If the English count system is used in any part, then a
conversion to metric units must be provided. The description must
include reasonable product specifications, including, if applicable,
fiber content, construction, yarn size, and finishing processes, as
well as timelines and quantities. Reasonable product specifications
include the use of accepted terminology and standards, such as those
used by the American Society for Testing and Materials (``ASTM'') or
the American Association of Textile Chemists and Colorists
(``AATCC'').
If any aspect of the Request is outside the normal course of
business (e.g., tight deadline, higher standards of performance,
requirements to match existing specifications), requestors must
provide US-Colombia TPA suppliers with detailed explanations and
measurable criteria for the specification or term at issue. In the
course of its review of the Request, CITA will consider record
evidence to determine whether such specifications and terms are
reasonable.
The requestor must clearly describe the unique characteristics
of the subject product that distinguishes it from other similar or
potentially substitutable products. In addition, the requestor must
also explain why such characteristics are required for the purposes
of the end-use of the product and cannot be substituted by another
product. However, all characteristics and specifications must be
supported by measurable criteria.
(2) Quantity. The Request must provide the specific quantity of
the product needed by the requestor, in standard units of quantity
for production of the subject product in the United States or
Colombia.
(3) Due Diligence. The Request must provide a complete
description of the due diligence undertaken by the requestor to
determine the subject product's availability in the United States or
Colombia. Due diligence for the requestor means it has made
reasonable efforts to obtain the subject product from US-Colombia
TPA suppliers.
(i) Generally: The requestor must provide the names and
addresses of suppliers contacted, who (by name and position) was
specifically contacted, the exact request that was made, the dates
of those contacts, whether a sample of the subject product was
provided for review, and the exact response given for the supplier's
inability to supply the subject product under the same conditions as
contained in the Request submitted to CITA, in addition to any other
information the requestor believes is relevant. The requestor must
submit copies or notes of relevant correspondence, both inquiries
and responses, with these suppliers. Relevant correspondence
includes notes of telephone conversations.
(ii) Identification of US-Colombia TPA Suppliers: Requestors
must make reasonable efforts to identify US-Colombia TPA suppliers
in the United States or Colombia. Requestors should identify US-
Colombia TPA suppliers through a number of means, including the
requestor's knowledge of the industry, industry directories, and
industry association memberships. However, an email from a requestor
with a general inquiry to all manufacturers in the United States or
Colombia may not constitute due diligence. Rather, reasonable
efforts must be taken to identify US-Colombia TPA suppliers who are
generally known to produce the class or type of product at issue.
Requestors must provide an explanation in their Request as to why
their efforts to identify US-Colombia TPA suppliers were reasonable
given the product at issue.
(iii) Use of Third Parties and Business-to-Business Contact: Due
diligence includes substantive and direct contact, indicating a
legitimate intent to do business, between requestors and US-Colombia
TPA suppliers. Third party communications are no substitute for
meaningful dialogue between appropriate officials. Once interest is
expressed between requestors and US-Colombia TPA suppliers,
subsequent communications should be conducted by appropriate
officials of the requestor and US-Colombia TPA supplier based on
normal business practice. A lack of appropriate business-to-business
contact may be deemed as insufficient due diligence.
(iv) Description of the Subject Product: In undertaking due
diligence, requestors must provide a detailed description of the
product to US-Colombia TPA suppliers. The description must include
reasonable product specifications, including, if applicable, fiber
content, construction, yarn size, and may include a finishing
process or operation, as well as timelines and quantities.
Reasonable product specifications include the use of accepted
terminology and standards, such as those used by ASTM or AATCC. If
any aspect of the Request is outside the normal course of business
(e.g., tight deadline, higher standards of performance, requirements
to match existing specifications), requestors must provide US-
Colombia TPA suppliers with detailed explanations and measurable
criteria for the specification or term at issue that would render
such aspects as reasonable for the product in question. CITA will
consider record evidence to determine whether such specifications
and terms are reasonable.
(v) Provision of Samples: In undertaking its due diligence, a
requestor must clearly communicate to US-Colombia TPA suppliers its
standard business practice with respect to the provision of samples.
While requestors may request a sample, a US-Colombia TPA supplier is
not required to provide a sample under CITA's procedures. However,
CITA notes that US-Colombia TPA suppliers must meet certain
requirements with respect to the provision of samples and/or
information demonstrating their ability to supply the subject
product in commercial quantities in a timely manner. See Section
6(b)(3) and Section 6(b)(4).
(vi) Substitutability of Products: In undertaking its due
diligence, a requestor must clearly communicate information
regarding the substitutability of the product in question to US-
Colombia TPA suppliers. In its inquiries to US-Colombia TPA
suppliers, the requestor must clearly describe the unique
characteristics of the subject product that distinguishes it from
other similar or potentially substitutable products. In addition,
the requestor must provide US-Colombia TPA suppliers with
information why such characteristics are required for the purposes
of the end-use of the product and cannot be substituted by another
product. However, all characteristics and specifications must be
supported by measurable criteria. If, in the course of due
diligence, a US-Colombia TPA supplier proposes a substitutable
product, the requestor must provide reasonable justifications to the
US-Colombia TPA supplier for rejecting potentially substitutable
products.
(vii) Treatment of Business Confidential Information: Specific
details of correspondence with suppliers, such as quantities and
lead times for providing the subject product, can be treated as
business confidential information. However, the names of US-Colombia
TPA suppliers who were contacted, what was asked generally about the
capability to manufacture the subject product, and the responses
thereto should be available for public review to ensure proper
public participation in the process. ``Lead times'' refers to
supplying the subject product within normal business time frames for
the subject product once an order is received. Specific delivery
dates are not necessary. Required delivery dates that fall within
the time needed to complete the commercial availability
determination process are not acceptable.
(4) Substitutable Products. The Request must provide information
on whether the requestor believes that other products supplied by
the US-Colombia TPA supplier are not substitutable in commercial
quantities in a timely manner for the product(s) that is (are) the
subject of the Request for purposes of the intended use. Clearly
describe the unique characteristics of the subject product that
distinguishes it from other similar or potentially substitutable
products. Describe why such characteristics are required for the
purposes of the end-use of the product and cannot be substituted by
another product available from a US-Colombia TPA supplier.
(5) Additional Information. The Request may provide any
additional evidence or information believed to be relevant for CITA
to determine whether a fiber, yarn, or fabric is not available in
commercial quantities in
[[Page 66592]]
a timely manner from a supplier in the United States or Colombia.
5. Consideration and Acceptance of a Request
In considering whether to accept a Request, CITA will consider and
determine whether the Request provides all the required information
specified in Sections 3 and 4 of these Procedures. CITA will determine
whether to accept the Request for consideration and investigation not
later than two U.S. business days after the official receipt of a
Request.
(a) Request Rejected. If CITA determines that the Request does not
contain the required information, the requestor will be notified
promptly by email that the Request has not been accepted and the
reasons for the rejection. A Request may be resubmitted with additional
information for the subject product and CITA will reevaluate it as a
new Request.
(1) Requests for Downstream Products With Inputs Not
Commercially Available. If, in its initial review of a Request, CITA
determines that a subject product would be commercially available
but for the commercial unavailability of a certain input of the
subject product, CITA will reject the Request. The requestor may
submit a Request for the input in question rather than the
downstream product.
(2) Requests for Products With Prohibited Inputs,
Specifications, and/or Processes. If, in its initial review of a
Request, CITA determines that the subject product requires inputs,
specifications, and/or processes that are prohibited under the laws
and regulations of the United States, CITA will reject the Request
if there is a substitute product that does not require such
prohibited inputs, specifications, or processes.
(b) Request Accepted. If CITA determines that the Request contains
the required information, CITA will notify interested parties by email
that a Request has been accepted and filed and will assign a File
Number. CITA will post the accepted Request on its Web site for public
notice. The email notification and the Web site posting will indicate
the calendar date deadlines for submitting Responses and Rebuttals.
6. Submitting a Response With an Offer To Supply
Responses must meet the requirements outlined in Section 3 of these
Procedures. General comments in support of or opposition to a Request
do not meet the requirements of a Response. A Due Diligence
Certification must accompany a Response.
(a) Response With an Offer to Supply Submission. An interested
entity (a US-Colombia TPA supplier) may file a Response to a Request
CITA accepted advising CITA of its objection to the Request and its
ability to supply the subject product by providing an offer to supply
the subject product as described in the Request. An interested entity
will have 10 U.S. business days after official receipt of a Request to
respond to a Request. If good cause is shown, CITA may extend this
deadline.
(b) Contents of a Response With an Offer To Supply.
(1) File Number. The Response must reference the CITA File
Number assigned to the particular Request being addressed.
(2) Quantity. The Response must supply the quantity of the
subject product that the respondent is capable of currently
supplying, in standard units of quantity. All measurements must be
in metric units. If the English count system is used in any part,
then a conversion to metric units must be provided.
(3) Production Capability/Demonstration of Ability To Supply. A
Response must contain information supporting the claim to supply the
subject product, or one substitutable, in commercial quantities in a
timely manner.
(i) The Response must report the quantity, in metric units, that
the US-Colombia TPA supplier produced of the subject product, or a
substitutable product, in the preceding 24-month period.
(ii) For products that have experienced cyclical demand or are
not currently produced, the US-Colombia TPA supplier must indicate
the quantity that has been supplied or offered commercially in the
past, with an explanation of the reasons it is not currently
produced or offered.
(iii) If the subject product involves a new style, weight, or
other variation that is new to the market or new to the US-Colombia
TPA supplier, then the supplier must provide detailed information on
its current ability to make the subject product in commercial
quantities in a timely manner. Such information could include
current production capacity, current loom availability, and standard
timetables to produce.
(iv) A US-Colombia TPA supplier may support its claim to be able
to produce the subject product through provision of a sample meeting
exactly the specifications as presented in the Request. However, the
provision of a sample is not required. Regardless of whether a
sample is provided, a respondent must demonstrate its ability to
produce the subject product by providing sufficient relevant
information regarding their production capability. Such information
could include past production of similar products and/or
descriptions of equipment and identification of suppliers necessary
to produce the subject product. If some operations, such as
finishing, will be completed by other entities, the name of the
facility and contact information must be provided.
(v) The Response may provide, if relevant, the basis for the US-
Colombia TPA supplier's rationale that other products that are
supplied by the US-Colombia TPA supplier in commercial quantities in
a timely manner are substitutable for the subject product(s) for
purposes of the intended use, supported by measurable criteria.
(vi) In its review of a Response, CITA will consider whether the
US-Colombia TPA supplier was responsive to the efforts employed by
the requestor to obtain the subject product in the course of due
diligence. In the event that a US-Colombia TPA supplier was not
responsive, a US-Colombia TPA supplier must provide a reasonable
explanation in its Response as to why it did not respond to earlier
inquiries by the requestor in the course of due diligence. CITA will
reject a Response if it does not include such explanation.
(4) Due Diligence. The Response must provide a complete
description of the due diligence undertaken by the US-Colombia TPA
supplier to substantiate the ability to supply the subject product.
If a US-Colombia TPA supplier has participated in the requestor's
undertaking of due diligence, the supplier must provide certain
information in response to the requestor's inquiries.
(i) If a US-Colombia TPA supplier has been responsive to a
requestor in the undertaking of due diligence, the US-Colombia TPA
supplier must have stated its ability to supply or not supply the
subject product. If the product can be supplied, the response to the
inquiry must contain information supporting the US-Colombia TPA
supplier's claim to supply the subject product, or one
substitutable, in commercial quantities in a timely manner.
(ii) If a US-Colombia TPA supplier offers to supply the subject
product, the supplier may support its offer by reporting the
quantity, in metric units, that it has produced of the subject
product, or a substitutable product, in the preceding 24-month
period. If the US-Colombia TPA supplier does not provide such
information, it must, subject to section 6(b)(4)(vii), explain why
the information it has provided sufficiently supports its offer to
supply.
(iii) In response to a requestor's inquiry, for products that
have experienced cyclical demand or are not currently produced, the
US-Colombia TPA supplier must provide the requestor the quantity
that has been supplied or offered commercially in the past, with an
explanation of the reasons it is not currently produced or offered.
(iv) If the subject product involves a new style, weight, or
other variation that is new to the market or new to the US-Colombia
TPA supplier, then the supplier must provide detailed information on
its current ability to make the subject product in commercial
quantities in a timely manner. Such information could include
current production capacity, current loom availability, and standard
timetables to produce the subject product.
(v) A US-Colombia TPA supplier may support its claim to be able
to produce the subject product through provision of a sample meeting
the specifications as presented in an inquiry. However, the
provision of a sample is not required. Regardless of whether a
sample is provided, the US-Colombia TPA supplier must demonstrate
its ability to produce the subject
[[Page 66593]]
product by providing sufficient relevant information regarding their
production capability. Such information could include past
production of similar products and/or descriptions of equipment and
identification of suppliers necessary to produce the subject
product. If some operations, such as finishing, will be completed by
other entities, the name of the facility and contact information
must be provided.
(vi) A response to a requestor's inquiry must provide, as
applicable, the basis for the US-Colombia TPA supplier's rationale
that other products that are supplied by the US-Colombia TPA
supplier in commercial quantities in a timely manner are
substitutable for the subject product for purposes of the intended
use, supported by measurable criteria.
(vii) Nothing in these procedures shall require any US-Colombia
TPA supplier to provide business confidential or other commercially
sensitive information to a requestor. However, a US-Colombia TPA
supplier must provide the requestor a reasonable explanation why
such information was not provided and why the information it has
provided sufficiently supports its offer to supply.
(5) Location of the US-Colombia TPA supplier. The Response must
provide the name, address, phone number, and email address of a
contact person at the facility claimed to be able to supply the
subject product.
7. Submitting a Rebuttal Comment
A Rebuttal must meet the requirements outlined in Section 3 of
these procedures. General comments in support of or opposition to a
Request or a Response do not meet the requirements of a Rebuttal. A Due
Diligence Certification must accompany a Rebuttal.
(a) Rebuttal Comment. Any interested entity may submit a Rebuttal
to a Response. An interested entity must submit its Rebuttal not later
than 4 U.S. business-days after the deadline for Response. If good
cause is shown, CITA may extend the time limit.
(b) Contents of a Rebuttal. The Rebuttal Comment may respond only
to evidence or arguments raised in the Response and must identify the
Response, evidence and/or arguments to which it is responding. The
Rebuttal must reference the CITA File Number assigned to the particular
Request being addressed.
8. Determination Process
(a) Not later than 30 U.S. business days after official receipt of
a Request (or not later than 44 U.S. business days where an extension
is provided), CITA will notify interested entities by email and will
post a notice on its Web site whether the subject product is available
in commercial quantities in a timely manner in the United States or
Colombia and whether an interested entity has objected to the Request.
(b) CITA will notify the public of the determination by publication
in the Federal Register when the determination results in a change to
the Commercial Availability List in Annex 3-B of the US-Colombia TPA.
(c) Types of Determinations.
(1) Denial. A denial means that CITA has determined that the
subject product is available in commercial quantities in a timely
manner in the United States or Colombia. If a Request is denied, notice
of the denial will be posted on the US-Colombia TPA Commercial
Availability Web site.
(i) Denial of Requests for Downstream Products With Inputs Not
Commercially Available: If, during the course of its review of a
Request, CITA determines that the subject product is commercially
available but for the commercial unavailability of a certain input
of the subject product, CITA will deny the Request. The requestor
may submit a Request for the input in question rather than the
downstream product.
(ii) Denial of Requests for Products With Prohibited Inputs,
Specifications, and/or Processes: If, during the course of its
review of a Request, CITA determines that the subject product
requires inputs, specifications, and/or processes that are
prohibited under the laws and regulations of the United States, CITA
will deny the Request if there is a substitute product that does not
require such prohibited inputs, specifications, or processes.
(2) Approval in Unrestricted Quantity. An approval in unrestricted
quantities means that CITA has determined that the subject product is
not available in commercial quantities in a timely manner in the United
States or Colombia or that no interested entity has objected to the
Request.
If a Request is approved without restriction, a notice will be
published in the U.S. Federal Register not later than 30 U.S. business
days (or not more than 44 U.S. business days where an extension is
provided) after the official receipt of a Request, adding the subject
product to the Commercial Availability List in Annex 3-B of the US-
Colombia TPA. The effective date of the determination is the date of
publication of the notice in the U.S. Federal Register.
(3) Approval in a Restricted Quantity.
(i) Approval in a Restricted Quantity: An Approval in a
Restricted Quantity means that CITA has determined to add the
subject product to the Commercial Availability List in Annex 3-B of
the US-Colombia TPA with a specified restricted quantity. CITA may
approve the Request in a restricted quantity if CITA determines that
a US-Colombia TPA supplier(s) can partially fulfill the Request for
the subject product. The restricted quantity specifies the amount of
the subject product that can be provided by a US-Colombia TPA
supplier(s).
(A) If a Request is approved in a restricted quantity, a notice
will be published in the Federal Register not later than 30 U.S.
business days (or not more the 44 U.S. business days where an
extension is provided) after official receipt of the Request, adding
the subject product to the Commercial Availability List in Annex 3-B
of the US-Colombia TPA with a specified restricted quantity. The
restricted quantity specifies the amount of the subject product that
can be provided by a US-Colombia TPA supplier(s).
(B) The effective date of the determination will be the date of
publication in the U.S. Federal Register.
(ii) Elimination of a restricted quantity: Not later than six
months after adding a product to the Commercial Availability List in
Annex 3-B of the US-Colombia TPA in a restricted quantity, CITA may
eliminate the restriction if it determines that the subject product
is not available in commercial quantities in a timely manner in the
United States or Colombia. See Section 203(o)(4)(C)(vi) of the
Implementation Act.
(A) The determination that the subject product is not available
in commercial quantities in a timely manner will be based upon
whether the restricted quantity has been provided by a US-Colombia
TPA supplier(s). CITA will solicit comments and information from the
US-Colombia TPA supplier(s) and the requestor.
(B) If the US-Colombia TPA supplier(s) are still capable of
providing the restricted quantity, the restriction will remain.
(C) If the US-Colombia TPA supplier(s) are unable to provide the
restricted quantity, CITA will eliminate the quantity restriction.
CITA will publish a notice in the U.S. Federal Register, and post on
the Web site, that the quantity restriction is eliminated and the
subject product is added to the Commercial Availability List in
Annex 3-B of the US-Colombia TPA in an unrestricted quantity. The
effective date of the determination will be the date of publication
in the U.S. Federal Register.
(4) Insufficient Information To Determine. CITA will extend its
time period for consideration of the Request by an additional 14 U.S.
business days in the event that CITA determines, not later than 30 U.S.
business days after official receipt of a Request, that it has
insufficient information to make a determination regarding the ability
of a US-Colombia TPA supplier to supply the subject products of the
Request based on the submitted information. CITA will normally
determine that it does not have sufficient information to make a
determination on a Request when CITA finds there is inconsistency in
material information contained in the Request, one or more Responses,
and/or the Rebuttal(s). CITA will notify interested parties via email
that it has extended the time period for CITA's consideration by 14
U.S. business-days. CITA also will announce the extension
[[Page 66594]]
on the Web site for US-Colombia TPA commercial availability
proceedings.
(i) Process During Extension Period: During the extended time
period, CITA will request that interested entities provide additional
evidence to substantiate the information provided, and may initiate a
meeting with interested entities. Such evidence may include, inter
alia, product samples, lab tests, detailed descriptions of product
facilities, and comparisons of product performance in the intended end-
use of the subject product. Any samples, if requested, of fibers,
yarns, or fabrics, that are provided to CITA will be made available for
public inspection at the Office of Textiles and Apparel, Room 30003,
U.S. Department of Commerce, 14th St. and Constitution Ave. NW.,
Washington, DC 20230. All written submissions must follow instructions
described in Section 3 of these procedures. Samples should be
identified with a cover sheet that describes the specifications of the
sample and be identical to the specifications of the Request. If CITA
conducts a meeting, it will comply with requirements to conduct
proceedings in an open manner.
(ii) CITA also will consider evidence in support of claims that
US-Colombia TPA supplier(s) can supply a substantially similar
product to that specified in the Request.
(ii) CITA will make a determination, not later than 44 U.S.
business days after the official receipt of a Request whether to
approve, approve with restriction, or deny the Request and will
follow the notification process accordingly.
(5) Deemed Approval. In the event that CITA does not make a
determination in response to a Request to add a product to the
Commercial Availability List in Annex 3-B of the US-Colombia TPA within
the statutory deadlines provided, not later than 45 U.S. business-days
after the official receipt of the Request or not later than 60 U.S.
business-days after the official receipt of the Request that was
determined to lack sufficient information pursuant to Section 8(c)(4)
of these Procedures, the requested subject product shall be added to
the Commercial Availability List in Annex 3-B of the US-Colombia TPA,
in an unrestricted quantity, in accordance with the requirements of
section 203(o)(4)(D) of the Implementation Act. CITA will notify the
public of the deemed approval by publication in the Federal Register
and posting on OTEXA's Web site.
9. Submitting a Request To Remove or Restrict
(a) Request To Remove or Restrict. No earlier than six months after
a product has been added to the Commercial Availability List in Annex
3-B of the US-Colombia TPA in an unrestricted quantity pursuant to
Sections 203(o)(2), 203(o)(4)(C)(iii) or (vi), or 203(o)(4)(D) of the
Implementation Act, an interested entity may submit a request to CITA
requesting that a product be either removed from the List in Annex 3-B
or that a quantity restriction be introduced. See Section
203(o)(4)(E)(i) of the Implementation Act.
(b) Content of a Request To Remove or Restrict. The Request to
Remove or Restrict must provide the substantive information set forth
in Section 6(b) (Contents of a Response with an Offer to Supply) of
these procedures.
(c) Procedures.
(1) In considering whether to accept a Request to Remove or
Restrict, CITA will follow procedures set forth in Section 5
(Consideration and Acceptance of a Request) of these procedures.
(2) If CITA determines to accept the Request to Remove or Restrict,
CITA and any responding interested entity shall follow applicable
procedures and contents set forth in subsection 6(a) (Response with an
Offer to Supply) and Section 7 (Submitting a Rebuttal Comment) of these
procedures.
(3) As set forth in subsections 8(a) and (b) (Determination
Process) of these procedures, CITA will determine whether the subject
product of the Request to Remove or Restrict is available in commercial
quantities in a timely manner from a US-Colombia TPA supplier not later
than 30 U.S. business days after the official receipt of the Request to
Remove or Restrict.
(i) If CITA determines that the product is available in commercial
quantities in a timely manner in the United States or Colombia, then
that product will be removed from the Commercial Availability List in
Annex 3-B of the US-Colombia TPA.
(ii) If CITA determines that the product is available in restricted
quantities in a timely manner in the United States or Colombia, then a
restricted quantity will be introduced for that product.
(iii) If the Commercial Availability List in Annex 3-B of the US-
Colombia TPA changes as a result of CITA's determination for the
Request to Remove or Restrict, CITA will notify interested parties by
email of its determination and will publish a notice of its
determination for the Request to Remove or Restrict in the U.S. Federal
Register.
(A) For removal, the notice of determination will state that
textile and apparel good containing the subject product are not to
be treated as originating in either the United States or Colombia if
the subject product is obtained from sources outside the United
States or Colombia, effective for goods entered into the United
States on or after six months (i.e., 180 calendar days) after the
date of publication of the notice. See Section 203(o)(4)(E)(iv) of
the Implementation Act.
(B) For restriction, the notice of determination will specify
the restricted quantity for the subject product that is to be
effective on or after six months (i.e., 180 calendar days) after the
publication date of the notice. See Section 203(o)(4)(E)(iv) of the
Implementation Act.
Request for Comments on the Interim Procedures
Comments must be received no later than December 6, 2012, and in
the following format:
(1) Comments must be in English.
(2) Comments must be submitted electronically or in hard copy, with
original signatures.
(3) Comments submitted electronically must be either in PDF, Word,
or Word-Perfect format, and sent to the following email address:
OTEXA_COLOMBIA@trade.gov. Comments submitted electronically will be
posted for public review on the Web site dedicated to US-Colombia TPA
commercial availability proceedings.
(4) Comments submitted in hard copy must be original signed
documents and must be mailed to the Chairman, Committee for the
Implementation of Textile Agreements, Room 30003, U.S. Department of
Commerce, 14th and Constitution Avenue NW., Washington, DC 20230.
Comments submitted in hard copy will be made available for public
inspection at the Office of Textiles and Apparel, Room 30003, U.S.
Department of Commerce, 14th and Constitution Avenue NW., Washington,
DC, between the hours of 8:30 a.m. and 5:00 p.m. on business days. In
addition, comments submitted in hard copy will also be posted for
public review on the Web site dedicated to U.S.-Colombia TPA commercial
availability proceedings.
Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 2012-27090 Filed 11-5-12; 8:45 am]
BILLING CODE 3510-DR-P
