[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66588-66594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27090]


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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.

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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 [email protected]. 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 
[email protected], 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 [email protected]. 
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: 
[email protected]. 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