Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States - Peru Trade Promotion Agreement (US-PERU TPA)

Forms and Documents

Document Name	Status
0625.US.Peru CommercialAvailability.Emerg.Ltr OMB.pdf Supplementary Document	2009-07-17
REVISED FINAL.US.Peru.CommercialAvailability.SuppStmt.080609.doc Supporting Statement A	2009-08-07

IC Document Collections

IC ID	Document Title	Status
189689	Rebuttal Comments to Response with Offer to Supply Other-Reporting Requirements	New
189688	Response with Offer to Supply Other-Reporting Requirements	New
189687	Request for Commercial Availability Determination Other-Reporting Requirements	New

ICR Details

OMB Control No: 0625-0265	ICR Reference No: 200906-0625-006
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States - Peru Trade Promotion Agreement (US-PERU TPA)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/03/2009
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/10/2009
	Date Received in OIRA: 07/27/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	6 Months From Approved
Responses	16	0	0
Time Burden (Hours)	89	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The United States and Peru negotiated the US-Peru Trade Promotion Agreement (the “Agreement”), which entered into force on February 1, 2009. Under the textile provisions of the Agreement, fabric, yarn, and fiber produced in Peru or the United States and traded between the two countries are entitled to duty-free tariff treatment (See Annex 4.1 of the Agreement for the specific rules of origin that apply). The Agreement also lists specific fabrics, yarns, and fibers that the two countries agreed are not available in commercial quantities in a timely manner from producers in Peru or the United States (See Annex 3-B of the Agreement for a complete list of these products). These commercially unavailable fabrics, yarns, and fibers are also entitled to duty-free treatment despite not being produced in Peru or the United States. The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision of the Agreement (See Chapter 3, Article 3.3, Paragraphs 5-7 of the Agreement). Under this provision, interested entities from Peru or the United States have the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers. Chapter 3, Article 3.3, paragraph 7 of the Agreement requires that the President “promptly publish” procedures for parties to exercise the right to make these requests. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to the Committee for the Implementation of Textile Agreements (“CITA”), which issues procedures and acts on requests through the Office of Textiles and Apparel (“OTEXA”) (See Proclamation No. 8341, 73 Fed. Reg. 4105, 4107, Jan. 22, 2009). OTEXA was unable to publish these procedures earlier because of the memorandum issued by the President on January 20, 2009, in which executive agencies were directed to refrain from publishing any interim or final rules or regulations until such time as the officials appointed by the President were in place and able to review all proposed rules and regulations, unless the agency obtained a waiver from the Office of Management and Budget (“OMB”). The intent of the U.S.-Peru TPA Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests and responses; and provide timely public dissemination of information used by CITA in making commercial availability determinations. CITA must collect certain information about fabric, yarn, or fiber technical specifications and the production capabilities of Peruvian and U.S. textile producers to determine whether certain fabrics, yarns, or fibers are available in commercial quantities in a timely manner in the United States or Peru, subject to Section 203(o) of the US-PERU TPA.

Emergency Justfication: Chapter 3, Article 3.3, paragraph 7 of the US-Peru Trade Promotion Agreement (the "Agreement") requires that the President “promptly publish” procedures for parties to exercise the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers to the list in Annex 3-B. This right became effective when the Agreement entered into force. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to the Committee for the Implementation of Textile Agreements (“CITA”), which issues procedures and acts on requests through the Office of Textiles and Apparel (“OTEXA”) (See Proclamation No. 8341, 73 Fed. Reg. 4105, 4107, Jan. 22, 2009). OTEXA was unable to publish these procedures earlier because of the memorandum issued by the President on January 20, 2009, in which executive agencies were directed to refrain from publishing any interim or final rules or regulations until such time as the officials appointed by the President were in place and able to review all proposed rules and regulations, unless the agency obtained a waiver from the Office of Management and Budget (“OMB”). The intent of the U.S.-Peru TPA Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests and responses; and provide timely public dissemination of information used by CITA in making commercial availability determinations. Thus far, no interested party has exercised its right to request that a fabric, yarn, or fiber be added to, or removed from the list of commercially unavailable fabrics, yarns, and fibers. If an interested party submits a request, however, CITA will still be bound by the terms of the Agreement to make a determination as to whether the fabric, yarn, or fiber should be added to or removed from the list. Because there are no procedures in place for making requests, CITA faces significant litigation risk on every procedural determination made in the process of evaluating a request, in addition to the risk of litigation over substantive determinations. Further, any determination reached by CITA may not be enforceable if CITA does not have approval for the collection of information necessary to make its substantive determinations. Moreover, without procedures in place, the United States risks not being in compliance with its international obligations under the Agreement.

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Authorizing Statute(s): PL: Pub.L. 110 - 138 203(o)(4)(F) (2007) Name of Law: United States-Peru Trade Promotion Agreement Implementation Act
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 138 203(o)(4)(F) (2007) Name of Law: United States-Peru Trade Promotion Agreement Implementation Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Response with Offer to Supply
Rebuttal Comments to Response with Offer to Supply
Request for Commercial Availability Determination

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	16	0	16	0	0	0
Annual Time Burden (Hours)	89	0	89	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

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Annual Cost to Federal Government: $3,440

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/27/2009

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