Procedures for Considering Requests under the Commercial Availability Provision of Certain Western Hemisphere Free Trade Agreements

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CITA Temporary Commercial Availability Waiver 2021.pdf	Supplementary Document	Uploaded 2021-09-30	Available
CITA Temporary Commercial Availability Waiver 2021.pdf	Supplementary Document	Uploaded 2021-09-30	Available
0625-0272 Supporting Statement FTA Group_Revised.docx	Supporting Statement A	Uploaded 2025-09-30	Repair queued
0625-0272 Supporting Statement Colombia Commercial Availability Revised.docx	Supporting Statement A	Uploaded 2024-12-17	Missing upstream

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
202278	Rebuttal Comments to Response with Offer to Supply	Other-Reporting Requirements	Modified
202277	Response with Offer to Supply	Other-Reporting Requirements	Modified
202276	Request for Commercial Availability Determination	Other-Reporting Requirements	Modified

ICR Details

OMB Control No: 0625-0272	ICR Reference No: 202410-0625-001
Status: Active	Previous ICR Reference No: 202109-0625-004
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Procedures for Considering Requests under the Commercial Availability Provision of Certain Western Hemisphere Free Trade Agreements
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: 09/30/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/17/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2028	36 Months From Approved	09/30/2025
Responses	25	0	16
Time Burden (Hours)	205	0	89
Cost Burden (Dollars)	8,200	0	3,560

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Abstract: The rules of origin for each of the following FTAs, Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), United States-Colombia Trade Promotion Agreement (CTPA), United States-Panama Trade Promotion Agreement (Panama TPA), and United States-Peru Trade Promotion Agreement (Peru TPA), require that textile and apparel goods containing fibers, yarns, and fabrics produced in the FTA region receive preferential tariff treatment. Each 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 FTA region. Articles containing these commercially unavailable fibers, yarns, and fabrics may receive preferential duty treatment despite not being produced in the FTA region. The Agreements’ lists of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the Agreements’ commercial availability provisions and their respective implementation acts. Under the commercial availability provision, interested entities may request that a specific fiber, yarn, or fabric be added to, or removed from, the list of commercially unavailable fibers, yarns, and fabrics. Implementing legislation for each Agreement requires that the President establish procedures for parties to follow when making 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 U.S. Department of Commerce’s Office of Textiles and Apparel (“OTEXA”). CITA has implemented procedures to collect information about the technical specifications of certain fibers, yarns, or fabrics and the production capabilities of U.S. and regional textile suppliers to determine whether certain fibers, yarns, or fabrics are available in commercial quantities in a timely manner in the FTA region, in accordance with the Agreements and their respective implementation acts. The procedures’ intent is to foster regional textile and apparel trade 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 consistent with normal business practice. To that end, these procedures will facilitate the transmission of requests for commercial availability determinations and offers to supply the specified product(s); have the market indicate the specified products’ availability; make available promptly, to interested entities and parties, information regarding the requests and offers to supply; ensure wide participation by interested entities and parties; provide careful scrutiny of the information provided to substantiate requests and responses with offers to supply; and provide timely public dissemination of information used by CITA in making commercial availability determinations.

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Authorizing Statute(s): PL: Pub.L. 112 - 43 203(o) Name of Law: US-Panama Trade Promotion Agreement Implementation Act
   PL: Pub.L. 110 - 138 203(o)(4)(F) Name of Law: US-Peru Trade Promotion Agreement Implementation Act
   PL: Pub.L. 109 - 53 203(o) Name of Law: Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
   PL: Pub.L. 112 - 42 203(o) Name of Law: US-Colombia Trade Promotion Agreement Implementation Act
  

Citations for New Statutory Requirements: None

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 80195	10/02/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 101555	12/16/2024
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

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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	25	16	0	9	0	0
Annual Time Burden (Hours)	205	89	0	116	0	0
Annual Cost Burden (Dollars)	8,200	3,560	0	4,640	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Previously, OMB Control No. 0625-0272 covered only the collection of information under CTPA’s commercial availability provision. The collection has now been expanded to include the CAFTA-DR, Panama TPA, and Peru TPA commercial availability provisions. There are no changes to these collections of this information from their last approvals. ITA decided to combine OMB Control No. ICR 0625-0265 and ICR 0625-0273 into this collection to have one collection cover these FTA groups. Upon approval of the expanded information collection, ITA will be discontinuing OMB Control Nos. 0625-0273 (Panama TPA) and 0625-0265 (Peru TPA). The cost and time estimates for OMB Control No. 0625-0272 have been revised to include all four Agreements, as well as to incorporate OTEXA staff’s experience in administering requests since implementing the commercial availability procedures.

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Annual Cost to Federal Government: $6,750

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? No

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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: 12/17/2024

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