Request for Commercial Availability Determination

OMB Control No. 0625-0272
Expiration Date: MM/DD/202X

Reporting Requirements for Submitting a Request for Consideration in a Commercial
Availability Proceeding
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 WordPerfect 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 website. 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., N.W., 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.

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(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 website.

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
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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
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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 USColombia 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 USColombia 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 USColombia 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).
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(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 USColombia 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 a timely manner from a supplier in the United
States or Colombia.
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