Publication Number: 3677

Report Title: Commercial Availability of Apparel Inputs (2003): Effect of Providing Preferential Treatment to Apparel from Sub-Saharan African, Caribbean Basin Countries, and Andean Countries

Investigation Number: 332-450

Author's name(s): Jackie Jones, Vincent DeSapio, Kimberlie Freund, Laura Rodriguez, Cynthia Trainor

Date Published: August 2006

Report Description/Introductory Text: The report provides advice on the probable economic effect of granting duty-free and quota-free treatment to U.S. imports of apparel made in eligible Sub-Saharan, Caribbean Basin, and Andean countries from yarns and fabrics named in 11 petitions filed under the commercial availability provisions of the African Growth and Opportunity Act (AGOA), the United States-Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) in 2003. The proposed preferential treatment would affect U.S. imports of apparel made of lastol elastic yarn, certain corduroy fabrics, certain cotton velvet fabrics; men’s and boys’ shirts made of certain fabrics; apparel made of micro modal fiber/cotton yarn, of open-end spun viscose rayon yarns, of certain printed, 100-percent rayon, of viscose rayon filament yarn; and blouses of certain plain-woven cotton fabrics and plain-woven polyester fabrics. One petition was withdrawn. CITA approved six petitions and denied four.

On January 28, 2003, following receipt of a request from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-450, Commercial Availability of Apparel Inputs (2003): Effect of Providing Preferential Treatment to Apparel from Sub-Saharan African, Caribbean Basin, and Andean Countries, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) to provide advice during 2003 in connection with petitions filed by interested parties under the “commercial availability” (previously informally known as “short supply”) provisions of the African Growth and Opportunity Act (AGOA), the United States-Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug Eradication Act (ATPDEA). For further information on the investigation, see appendix A for a copy of the USTR request letter and appendix B for a copy of the Commission’s notice of institution, which was published in the Federal Register (68 F.R. 5651) on February 4, 2003.

During 2003, the Commission was requested to provide advice under the “commercial availability” provisions for 11 petitions. A copy of the Commission’s advice in connection with each of these petitions is included in this report, with any confidential business information deleted.

A list of petitions for which the Commission has provided advice under the “commercial availability” provisions since the beginning of the program in 2001 is shown in table 1, which appears on the following page.1 The table provides a brief description of the articles named in each petition, the date on which each petition was received by the Committee for the Implementation of Textile Agreements (CITA), whether the advice was requested under the AGOA, CBTPA and/or the ATPDEA, and whether the specified apparel articles were subsequently designated by CITA as eligible for duty-free and quota-free treatment under the “commercial availability” provisions of the AGOA, the CBTPA, and the ATPDEA.2

1 The investigations conducted by the U.S. International Trade Commission (USITC) in 2001 and 2002 are Apparel Inputs in “ Short Supply ” (2001): Effect of Providing Preferential Treatment to Apparel from Sub- Saharan African and Caribbean Basin Countries (investigation No. 332- 428), USITC publication 3492, Feb. 2002, and Apparel Inputs in “ Short Supply ” (2002): Effect of Providing Preferential Treatment to Apparel from Sub- Saharan African and Caribbean Basin Countries (investigation No. 332- 436), USITC publication 3581, Feb. 2003.

2 In Executive Order No. 13191, the President delegated to CITA, chaired by the U.S. Department of Commerce, the authority to determine whether particular fabrics or yarns cannot be supplied by the domestic industry in commercial quantities in a timely manner. The President authorized CITA and the USTR to submit the required report to the Congress, and delegated to USTR the authority to obtain advice from the USITC.

Topics Covered: Commercial availability, short supply, AGOA, CBTPA, ATPDEA, apparel, yarn, fabric, blouses, men’s and boys’ shirts, duty-free and quota-free treatment

Countries: Colombia, Mauritius

HTS Numbers: 5208, 5210, 5402, 5403, 5404, 5407, 5510, 5513, 5516, 5801, 61, 62

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