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pdfOMB Control No. 0625-0272
Expiration Date: MM/DD/202X
Reporting Requirements for Submitting a Rebuttal Comment 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 Rebuttal Comment
A Rebuttal must meet the requirements outlined in Section 3 of these procedures. General
comments in support of or opposition to a Request or a Response do not meet the requirements
of a Rebuttal. A Due Diligence Certification must accompany a Rebuttal.
(a) Rebuttal Comment. Any interested entity may submit a Rebuttal to a Response. An
interested entity must submit its Rebuttal not later than 4 U.S. business-days after the deadline
for Response. If good cause is shown, CITA may extend the time limit.
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(b) Contents of a Rebuttal. The Rebuttal Comment may respond only to evidence or arguments
raised in the Response and must identify the Response, evidence and/or arguments to which it is
responding. The Rebuttal must reference the CITA File Number assigned to the particular
Request being addressed.
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File Type | application/pdf |
Author | Laurie Mease |
File Modified | 2024-12-10 |
File Created | 2024-12-10 |