Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
60 Day Published FR Notice 0625-0273 Panama CA.pdf	Supplementary Document	Uploaded 2019-05-30	Available
0625-0273 2019 Renewal Supporting Statement Commercial Availability Panama TPA.doc	Supporting Statement A	Uploaded 2019-05-30	Available
FR-Interim_Procedures_for_Panama_Commercial_Availability_051413.pdf	Supplementary Document	Uploaded 2016-03-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
205988	Rebuttal Comments to Response with Offer to Supply	Other-Reporting Requirements	Unchanged
205987	Response with Offer to Supply	Other-Reporting Requirements	Unchanged
205986	Request for Commercial Availability Determination	Other-Reporting Requirements	Modified

ICR Details

OMB Control No: 0625-0273	ICR Reference No: 201905-0625-004
Status: Active	Previous ICR Reference No: 201603-0625-002
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/09/2019
	Date Received in OIRA: 05/31/2019
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2022	36 Months From Approved	07/31/2019
Responses	16	0	16
Time Burden (Hours)	89	0	89
Cost Burden (Dollars)	0	0	0

---

Abstract: The United States and Panama negotiated the U.S.-Panama Trade Promotion Agreement (”the Agreement”), which was implemented into U.S. law by the United States-Panama Trade Promotion Agreement Implementation Act (“the Act”) [Public Law 112-43]. 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 United States to receive duty-free tariff treatment. The Agreement also 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 United States or Panama. Articles containing these commercially unavailable fibers, yarns, and fabrics are entitled to duty-free or preferential duty treatment despite containing inputs not produced in the United States 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 United States 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. 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 has implemented 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, in a timely manner, and in a manner that is consistent with normal business practice. To that end, these procedures are intended to facilitate the timely transmission 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. CITA must collect certain information about fabric, yarn, or fiber technical specifications and the production capabilities of Panamanian 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 Panama, subject to Section 203(o) of the Act.

---

Authorizing Statute(s): PL: Pub.L. 112 - 43 203(o) Name of Law: United States-Panama Trade Promotion Agreement Implementation Act
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 43 203(o) Name of Law: United States-Panama Trade Promotion Agreement Implementation Act

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 11283	03/26/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 25236	05/31/2019
Did the Agency receive public comments on this ICR? No

---

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

table that charts list of burden

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

---

ICR Summary of Burden

table that charts list 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	16	0	0	0	0
Annual Time Burden (Hours)	89	89	0	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:

---

Annual Cost to Federal Government: $3,440

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 05/31/2019

---