The United States and Panama negotiated the U.S.-Panama Trade Promotion Agreement
("the Agreement"), which was implemented into law by the U.S.-Panama Trade Promotion Agreement Implementation Act ("the Act"). The Agreement entered into force on October 31, 2012. Under the provisions of the Act, textile and apparel goods must contain fibers, yarns, and fabrics produced in Panama or the U.S. to receive duty-free tariff treatment. The Agreement provides for the establishment of a list of specific fibers, yarns, and fabrics that are not available in commercial quantities in a timely manner from producers in the U.S. or Panama. Articles containing these commercially unavailable fibers, yarns, and fabrics are entitled to duty-free or preferential duty treatment despite not being produced in the U.S. or Panama.
The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision of the Agreement and the Act. Under Section 203(o) of the Act ("the commercial availability provision"), interested entities from Panama or the U.S. have the right to request that a specific fiber, yarn, or fabric be added to, or removed from, the list of commercially unavailable fibers, yarns, and fabrics. This right became effective when the Agreement entered into force on October 31, 2012.
Section 203(o) of the Act requires that the President establish procedures for parties to follow when exercising 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").
In accordance with the commercial availability provision, CITA will implement procedures to collect certain information about the technical specifications of certain fibers, yarns, or fabrics and the production capabilities of U.S. textile suppliers to determine whether certain fibers, yarns, or fabrics are available in commercial quantities in a timely manner in the United States.
The intent of these procedures is to foster trade in U.S. and Panamanian textile and apparel articles by allowing non-originating fibers, yarns, and fabrics to be placed on or removed from a list of items not available in commercial quantities, on a timely basis, 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 the subject products; make available promptly, to interested entities and parties, information received regarding the requests for products and offers to supply; ensure wide participation by interested entities and parties; provide careful scrutiny of information provided to substantiate order requests and responses of offers to supply; and provide timely public dissemination of information used by CITA in making commercial availability determinations.
To date, no interested party has exercised its right to request that a fiber, yarn, or fabric be added to, or removed from Annex 3.25 of the Agreement. If an interested party submits a request, however, CITA will be required to make a determination as to whether the fiber, yarn, or fabric should be added to or removed from the list pursuant to the commercial availability provision of the Act. Without published procedures in place, it will be more difficult for CITA to ensure that all interested parties and the public are aware of the commercial availability determination process afforded by the Act. For example, interested parties may not know the exact nature of the information required for CITA to make such a determination.
PL:
Pub.L. 112 - 43 203(o)
Name of Law: United States-Panama Trade Promotion Agreement Implementation Act
PL: Pub.L. 112 - 43 203(o) Name of Law: United States-Panama Trade Promotion Agreement Implementation Act
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:
(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;
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.
0625.US.PanamaTPA.Commercial Availability.SuppStmt.031113.doc
Rebuttal Comments to Response with Offer to Supply