The United States and Peru negotiated
the U.S.-Peru Trade Promotion Agreement (the “Agreement”), which
entered into force on February 1, 2009. Subject to the rules of
origin in Annex 4.1 of the Agreement, and pursuant to the textile
provisions of the Agreement, a fabric, yarn, or fiber produced in
Peru or the United States and traded between the two countries is
entitled to duty-free tariff treatment. Annex 3-B of the Agreement
also lists specific fabrics, yarns, and fibers that the two
countries agreed are not available in commercial quantities in a
timely manner from producers in Peru or the United States. 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
Peru. The list of commercially unavailable fabrics, yarns, and
fibers may be changed pursuant to the commercial availability
provision in Chapter 3, Article 3.3, Paragraphs 5–7 of the
Agreement. Section 203(o) of the Act implements the commercial
availability provision of the Agreement. Under this provision,
interested entities from Peru or the United States have the right
to request that a specific fabric, yarn, or fiber be added to, or
removed from, the list of commercially unavailable fabrics, yarns,
and fibers in Annex 3-B. Section 203(o) of the Act provides that
the President may modify the list of fabrics, yarns, and fibers in
Annex 3-B by determining whether additional fabrics, yarns, or
fibers are not available in commercial quantities in a timely
manner in the United States or Peru, and that the President will
issue procedures governing the submission of requests and providing
an opportunity for interested entities to submit comments. 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, Office of Textiles and Apparel
(“OTEXA”) (See Proclamation No. 8341, 74 FR 4105, Jan. 22, 2009).
Interim procedures to implement these responsibilities were
published in the Federal Register on August 14, 2009. (See Interim
Procedures for Considering Requests Under the Commercial
Availability Provision of the United States-Peru Trade Promotion
Agreement Implementation Act and Estimate of Burden for Collection
of Information, 74 FR 41111, Aug. 14, 2009) (“Commercial
Availability Procedures”). The intent of the Commercial
Availability Procedures is to foster the use of U.S. and regional
products by implementing procedures that allow products to be
placed on or removed from a product list, in a timely fashion, and
in a manner that is consistent with normal business practice. The
procedures are intended to facilitate the transmission of requests;
allow the market to indicate the availability of the supply of
products that are the subject of requests; make available promptly,
to interested entities and the public, information regarding the
requests for products and offers received for those products;
ensure wide participation by interested entities and parties; allow
for careful review and consideration of information provided to
substantiate requests and responses; 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 Peruvian 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
Peru, subject to Section 203(o) of the 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.
Peru Commercial Availability Interim Procedures.pdf
0625-0265 Peru Short Supply PRA Supprtg Stmnt 2016 REN.doc
Rebuttal Comments to Response with Offer to Supply