66588 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices 

1Middle Class Tax Relief and Job Creation Act of 

2012, Public Law 112–96, 126 Stat. 156 (2012) 

(Act); 47 U.S.C. 1422(b). 

2The presentation of the FNN concept is 

available for review on NTIA’s Web site at http:// 

www.ntia.doc.gov/files/ntia/publications/ 

firstnet_fnn_presentation_09-25-2012_final.pdf. 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

[Docket No: 121031596–2596–01] 

RIN 0660–XC003 

Development of the Nationwide 

Interoperable Public Safety Broadband 

Network 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice of Inquiry; Reopening of 

Comment Period. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) issued a Notice 

of Inquiry (NOI) on September 28, 2012, 

seeking public comment on two 

conceptual presentations made at the 

inaugural Board meeting of the First 

Responder Network Authority (FirstNet) 

as well as to invite input on other 

network design and business plan 

considerations. The comment deadline 

was November 1, 2012, at 5 p.m. Eastern 

Daylight Time (EDT). NTIA has received 

several requests to extend the comment 

deadline from states and first 

responders that were impacted by the 

widespread destruction caused by 

Hurricane Sandy. Therefore, NTIA 

issues this notice announcing that it is 

reopening the comment period and will 

accept comments responsive to the NOI 

until 5 p.m. Eastern Standard Time 

(EST) on Friday, November 9, 2012. 

Comments received after the November 

1, 2012, deadline until this notice is 

published reopening the comment 

period will be accepted. 

DATES: Comments must be received no 

later than Friday, November 9, 2012 at 

5:00 p.m. EST. 

ADDRESSES: Written comments may be 

submitted by email to 

firstnetnoi@ntia.doc.gov. Written 

comments also may be submitted by 

mail to: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., HCHB Room 

7324, Attn: FirstNet NOI, Washington, 

DC 20230. Please note that all material 

sent via the U.S. Postal Service 

(including ‘‘Overnight’’ or ‘‘Express 

Mail’’) is subject to delivery delays of up 

to two weeks due to mail security 

procedures. Responders should include 

the name of the person or organization 

filing the comment, as well as a page 

number, on each page of their 

submissions. Paper submissions should 

also include a CD or DVD with an 

electronic version of the document, 

which should be labeled with the name 

and organizational affiliation of the filer. 

Do not submit Confidential Business 

Information or otherwise sensitive or 

protected information. All email 

messages and comments received are a 

part of the public record and will 

generally be posted without change to 

the NTIA Web site at http:// 

www.ntia.doc.gov/federal-registernotice/2012/comments-nationwideinteroperable-public-safety-broadbandnetwork-noi. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Comments 

should not exceed 25 double-spaced 

pages. 

FOR FURTHER INFORMATION CONTACT: 

Uzoma Onyeije, Senior Advisor for 

Public Safety, National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Room 7324, Washington, DC 

20230; telephone: (202) 482–0016; 

email: uonyeije@ntia.doc.gov. Please 

direct media inquiries to NTIA’s Office 

of Public Affairs, (202) 482–7002. 

SUPPLEMENTARY INFORMATION: 

Background 

The Middle Class Tax Relief and Job 

Creation Act of 2012 created the First 

Responder Network Authority (FirstNet) 

as an independent authority within 

NTIA and authorized it to take all 

actions necessary to ensure the building, 

deployment, and operation of a 

nationwide public safety broadband 

network (PSBN) based on a single, 

national network architecture.1

The FirstNet Board held its first 

public meeting on September 25, 2012, 

during which it heard a presentation 

from FirstNet Board member Craig 

Farrill that outlined a possible 

framework for designing the public 

safety network architecture in a manner 

that leverages existing resources and 

infrastructure, as is contemplated in the 

Act.2 Additionally, FirstNet Board 

Chairman Sam Ginn also discussed a 

general concept for developing 

applications designed specifically for 

public safety users. These conceptual 

presentations mark a starting point for 

further discussions. 

On behalf of the FirstNet Board, NTIA 

issued a NOI requesting public 

comment on these two conceptual 

presentations relating to network 

architecture and applications as well as 

to invite input on other network design 

and business plan considerations. 

Notice of Inquiry, 77 FR 60680 (Oct. 4, 

2012). The NOI set a deadline for the 

submission of comments on November 

1, 2012. Due to the severity of the 

impact from Hurricane Sandy, which 

resulted in a two-day closure of the 

Federal Government and forced the 

closure of many other government 

agencies and businesses across the East 

Coast, NTIA has received multiple 

requests asking for an extension of the 

comments deadline. In recognition of 

the need for impacted states to focus 

their attention and resources to address 

the widespread destruction caused by 

Hurricane Sandy, NTIA announces that 

it is reopening the comment period and 

will accept comments responsive to the 

NOI until 5 p.m. EST on Friday, 

November 9, 2012. Comments received 

after the November 1, 2012, deadline 

until the publication of this notice 

reopening the comment period will also 

be accepted. This extension is 

warranted to ensure that FirstNet 

receives input on these conceptual 

presentations from all interested 

stakeholders to better inform its efforts 

to establish the interoperable public 

safety broadband network called for 

under the Act. 

Dated: October 31, 2012. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2012–27031 Filed 11–5–12; 8:45 am] 

BILLING CODE 3510–60–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

[Docket 121018561–2561–01; OMB Control 

#: 0625–0272 (Expiration: 10/31/2015)] 

RIN 0625–XC004 

Interim Procedures for Considering 

Requests Under the Commercial 

Availability Provision of the United 

States-Colombia Trade Promotion 

Agreement 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Notice of Interim Procedures 

and Request for Comments. 

SUMMARY: This notice sets forth the 

interim procedures the Committee for 

the Implementation of Textile 

Agreements (‘‘CITA’’) will follow in 

implementing certain provisions of the 


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United States-Colombia Trade 

Promotion Agreement (‘‘US-Colombia 

TPA’’). Section 203(o)(4) of the United 

States-Colombia Trade Promotion 

Agreement Implementation Act 

(‘‘Implementation Act’’) authorizes the 

President to establish procedures to 

modify the list of fabrics, yarns, or fibers 

not available in commercial quantities 

in a timely manner in either the United 

States or Colombia as set out in Annex 

3–B of the US-Colombia TPA. The 

President has delegated to CITA the 

authority to determine whether fabrics, 

yarns, or fibers are not available in 

commercial quantities in a timely 

manner in either the United States or 

Colombia and has directed CITA to 

establish procedures that govern the 

submission of a request and provide the 

opportunity for interested entities to 

submit comments and supporting 

evidence for any such determination 

pursuant to the Implementation Act. 

CITA hereby gives notice to interested 

entities of the procedures CITA will 

follow in considering such requests and 

solicits public written comments on 

these interim procedures. CITA will be 

using the procedures detailed in this 

notice as of November 6, 2012. 

DATES: Comments on the interim 

procedures must be received no later 

than December 6, 2012 of this notice, 

either in hard copy or electronically. 

ADDRESSES: If submitting comments in 

hard copy, an original, signed hard copy 

must be submitted to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. If submitting 

comments electronically, the electronic 

copy must be submitted to 

OTEXA_COLOMBIA@trade.gov. All 

submitted comments will be posted for 

public review on the Web site dedicated 

to US-Colombia TPA commercial 

availability proceedings. The Web site is 

located on the U.S. Department of 

Commerce’s Office of Textile and 

Apparel Web site 

(www.otexa.ita.doc.gov), under 

‘‘Commercial Availability’’/‘‘Colombia 

TPA.’’ Additional instructions regarding 

the submission of comments may be 

found at the end of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

SUPPLEMENTARY INFORMATION: Legal 

Authority: Section 203(o) of the 

Implementation Act and Proclamation 

No. 8818, 77 FR 29519 (May 18, 2012). 

Background 

The US-Colombia TPA provides a list 

in Annex 3–B for fabrics, yarns, and 

fibers that the United States has 

determined are not available in 

commercial quantities in a timely 

manner from producers in the United 

States or Colombia. A textile or apparel 

good must satisfy the specific rules of 

origin in Annex 3–A of the USColombia TPA as well as other 

requirements of the Agreement. 

However, a textile and apparel good 

containing fabrics, yarns, or fibers that 

are included on the list in Annex 3–B 

of the US-Colombia TPA will be treated 

as if it is an originating good for 

purposes of the US-Colombia TPA, 

regardless of the actual origin of those 

inputs in accordance with the specific 

rules of origin in Annex 3–A, Notes to 

Section XI. The Implementation Act 

provides that the President will 

establish procedures governing the 

submission of requests under Section 

203(o)(4) (‘‘the commercial availability 

provision’’), and as set forth in the USColombia TPA, and may determine 

whether additional fabrics, yarns, or 

fibers are available or are not available 

in commercial quantities in a timely 

manner in the United States or 

Colombia. In addition, Section 203(o)(4) 

of the Implementation Act establishes 

that the President may restrict the 

quantity of, or remove a fabric, yarn, or 

fiber from the list, if it has been added 

to the list in an unrestricted quantity or 

has had a restriction eliminated, if he 

determines that the fabric, yarn, or fiber 

has become available in commercial 

quantities in a timely manner. 

In Proclamation No. 8818 (77 FR 

29519, May 18, 2012), the President 

delegated to CITA his authority under 

the commercial availability provision to 

establish procedures for modifying the 

list of fabrics, yarns, or fibers not 

available in commercial quantities in a 

timely manner, as set out in Annex B of 

the US-Colombia TPA. 

Pursuant to that delegation, CITA 

provides below its interim procedures 

governing the submission of requests 

under Section 203(o)(4) set forth in the 

Implementation Act. As of November 6, 

2012, CITA intends to use these 

procedures to process requests for 

modifying the list of fabrics, yarns, or 

fibers not available in commercial 

quantities. CITA intends to publish its 

final procedures after considering any 

public comments received pursuant to 

its request for comments. 

Interim Procedures 

1. Introduction 

The intent of these procedures is to 

foster trade in U.S. and Colombian 

textile and apparel goods by allowing 

non-originating fibers, yarns, or 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 this end, these 

procedures are intended to facilitate the 

transmission, on a timely basis, 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 products 

that are the subject of requests; make 

available promptly, to interested entities 

and parties, information regarding the 

requests for products and offers to 

supply received; ensure wide 

participation by interested entities and 

parties; provide careful scrutiny of 

information provided to substantiate 

order requests and response to supply 

offers; and provide timely public 

dissemination of information used by 

CITA in making commercial availability 

determinations. 

2. Definitions 

(a) Commercial Availability Request. 

A Commercial Availability Request 

(‘‘Request’’) is a request for a 

commercial availability determination 

submitted by an interested entity 

requesting that CITA place a good on 

the Commercial Availability List in 

Annex 3–B of the US-Colombia TPA in 

a restricted or unrestricted quantity 

because that fiber, yarn, or fabric is not 

available in commercial quantities in a 

timely manner from a US-Colombia TPA 

supplier. 

(b) Commercial Availability List. The 

Commercial Availability List is the list 

of products (fibers, yarns, and/or 

fabrics) in Annex 3–B of the USColombia TPA that have been 

determined to be not commercially 

available from US-Colombia TPA 

suppliers in commercial quantities in a 

timely manner. 

(c) Fiber, Yarn, or Fabric. The terms 

‘‘fiber, yarn, or fabric’’ mean a single 

product or a range of products, which 

meet the same specifications provided 

in a submission, and which may be only 

part of a Harmonized Tariff Schedule of 

the United States (‘‘HTSUS’’) 

classification. 

(d) Interested Entity. An ‘‘interested 

entity’’ means the government of 

Colombia, a potential or actual 

purchaser of a textile or apparel good, 

or a potential or actual supplier of a 


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textile or apparel good. CITA recognizes 

that a legal or other representative may 

act on behalf of an interested entity. See 

Section 203(o)(4)(B)(i) of the 

Implementation Act. 

(e) Interested Party. An ‘‘interested 

party’’ means any interested person that 

requests to be included on the email 

notification list for commercial 

availability proceedings. Any interested 

person may become an interested party 

by contacting CITA either by sending an 

email to 

OTEXA_COLOMBIA@trade.gov, or 

through the Web site dedicated to 

commercial availability proceedings 

under the US-Colombia TPA (‘‘Web 

site’’). The Web site is located on the 

U.S. Department of Commerce’s Office 

of Textile and Apparel Web site 

(www.otexa.ita.doc.gov), under 

‘‘Commercial Availability’’/‘‘Colombia 

TPA.’’ 

(f) Official Receipt. The ‘‘official 

receipt’’ is CITA’s email confirmation 

that it has received both the electronic 

version and the original submission 

signed by the interested entity delivered 

via express courier. 

(g) Rebuttal Comment. A ‘‘Rebuttal 

Comment’’ (‘‘Rebuttal’’) is a submission 

from an interested entity providing 

information in response to evidence or 

arguments raised in a Response. A 

Rebuttal must be limited to evidence 

and arguments provided in a Response. 

(h) Request To Remove or Restrict. A 

‘‘Request to Remove or Restrict’’ is a 

submission from an interested entity 

requesting that CITA either remove a 

product or that a quantity restriction be 

introduced, made no sooner than six 

months after a product has been added 

to the Commercial Availability List in 

Annex 3–B of the US-Colombia TPA in 

an unrestricted quantity pursuant to 

Section 203(o)(4) of the Implementation 

Act. 

(i) Requestor. The ‘‘Requestor’’ refers 

to the interested entity that files a 

Commercial Availability Request or a 

Request to Remove or Restrict, under 

the commercial availability provision of 

the US-Colombia TPA, for CITA’s 

consideration. 

(j) Response with an Offer to Supply. 

A ‘‘Response with an Offer to Supply’’ 

(‘‘Response’’) is a submission from an 

interested entity to CITA objecting to 

the Commercial Availability Request 

and asserting its ability to supply the 

subject product by providing an offer to 

supply the subject product described in 

the Request. 

(k) U.S. Business Day. A ‘‘U.S. 

business day’’ is any calendar day other 

than a Saturday, Sunday, or a legal 

holiday observed by the Government of 

the United States. See section 

203(o)(4)(B)(ii) of the Implementation 

Act. 

(l) US-Colombia TPA Supplier. A 

‘‘US-Colombia TPA Supplier’’ is a 

potential or actual supplier of a textile 

or apparel good of a producer. 

3. 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 Word-Perfect 

format, must contain an adequate public 

summary of any business confidential 

information and the due diligence 

certification, and be sent to 

OTEXA_COLOMBIA@trade.gov. The 

electronic version of the submission will be 

posted for public review on the US-Colombia 

TPA commercial availability Web site. 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., 

NW., 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. 

(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 USColombia 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 Web site. 


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4. 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 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 USColombia 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 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 US-Colombia 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-toBusiness 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 USColombia TPA suppliers, subsequent 

communications should be conducted by 

appropriate officials of the requestor and USColombia 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 US-Colombia 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 US-Colombia 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). 

(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 US-Colombia 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 USColombia 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 USColombia 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 


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a timely manner from a supplier in the 

United States or Colombia. 

5. Consideration and Acceptance of a 

Request 

In considering whether to accept a 

Request, CITA will consider and 

determine whether the Request provides 

all the required information specified in 

Sections 3 and 4 of these Procedures. 

CITA will determine whether to accept 

the Request for consideration and 

investigation not later than two U.S. 

business days after the official receipt of 

a Request. 

(a) Request Rejected. If CITA 

determines that the Request does not 

contain the required information, the 

requestor will be notified promptly by 

email that the Request has not been 

accepted and the reasons for the 

rejection. A Request may be resubmitted 

with additional information for the 

subject product and CITA will 

reevaluate it as a new Request. 

(1) Requests for Downstream Products With 

Inputs Not Commercially Available. If, in its 

initial review of a Request, CITA determines 

that a subject product would be 

commercially available but for the 

commercial unavailability of a certain input 

of the subject product, CITA will reject the 

Request. The requestor may submit a Request 

for the input in question rather than the 

downstream product. 

(2) Requests for Products With Prohibited 

Inputs, Specifications, and/or Processes. If, 

in its initial review of a Request, CITA 

determines that the subject product requires 

inputs, specifications, and/or processes that 

are prohibited under the laws and regulations 

of the United States, CITA will reject the 

Request if there is a substitute product that 

does not require such prohibited inputs, 

specifications, or processes. 

(b) Request Accepted. If CITA 

determines that the Request contains the 

required information, CITA will notify 

interested parties by email that a 

Request has been accepted and filed and 

will assign a File Number. CITA will 

post the accepted Request on its Web 

site for public notice. The email 

notification and the Web site posting 

will indicate the calendar date 

deadlines for submitting Responses and 

Rebuttals. 

6. Submitting a Response With an Offer 

To Supply 

Responses must meet the 

requirements outlined in Section 3 of 

these Procedures. General comments in 

support of or opposition to a Request do 

not meet the requirements of a 

Response. A Due Diligence Certification 

must accompany a Response. 

(a) Response With an Offer to Supply 

Submission. An interested entity (a USColombia TPA supplier) may file a 

Response to a Request CITA accepted 

advising CITA of its objection to the 

Request and its ability to supply the 

subject product by providing an offer to 

supply the subject product as described 

in the Request. An interested entity will 

have 10 U.S. business days after official 

receipt of a Request to respond to a 

Request. If good cause is shown, CITA 

may extend this deadline. 

(b) Contents of a Response With an 

Offer To Supply. 

(1) File Number. The Response must 

reference the CITA File Number assigned to 

the particular Request being addressed. 

(2) Quantity. The Response must supply 

the quantity of the subject product that the 

respondent is capable of currently supplying, 

in standard units of quantity. All 

measurements must be in metric units. If the 

English count system is used in any part, 

then a conversion to metric units must be 

provided. 

(3) Production Capability/Demonstration of 

Ability To Supply. A Response must contain 

information supporting the claim to supply 

the subject product, or one substitutable, in 

commercial quantities in a timely manner. 

(i) The Response must report the quantity, 

in metric units, that the US-Colombia TPA 

supplier produced of the subject product, or 

a substitutable product, in the preceding 24- 

month period. 

(ii) For products that have experienced 

cyclical demand or are not currently 

produced, the US-Colombia TPA supplier 

must indicate the quantity that has been 

supplied or offered commercially in the past, 

with an explanation of the reasons it is not 

currently produced or offered. 

(iii) If the subject product involves a new 

style, weight, or other variation that is new 

to the market or new to the US-Colombia 

TPA supplier, then the supplier must provide 

detailed information on its current ability to 

make the subject product in commercial 

quantities in a timely manner. Such 

information could include current 

production capacity, current loom 

availability, and standard timetables to 

produce. 

(iv) A US-Colombia TPA supplier may 

support its claim to be able to produce the 

subject product through provision of a 

sample meeting exactly the specifications as 

presented in the Request. However, the 

provision of a sample is not required. 

Regardless of whether a sample is provided, 

a respondent must demonstrate its ability to 

produce the subject product by providing 

sufficient relevant information regarding 

their production capability. Such information 

could include past production of similar 

products and/or descriptions of equipment 

and identification of suppliers necessary to 

produce the subject product. If some 

operations, such as finishing, will be 

completed by other entities, the name of the 

facility and contact information must be 

provided. 

(v) The Response may provide, if relevant, 

the basis for the US-Colombia TPA supplier’s 

rationale that other products that are 

supplied by the US-Colombia TPA supplier 

in commercial quantities in a timely manner 

are substitutable for the subject product(s) for 

purposes of the intended use, supported by 

measurable criteria. 

(vi) In its review of a Response, CITA will 

consider whether the US-Colombia TPA 

supplier was responsive to the efforts 

employed by the requestor to obtain the 

subject product in the course of due 

diligence. In the event that a US-Colombia 

TPA supplier was not responsive, a USColombia TPA supplier must provide a 

reasonable explanation in its Response as to 

why it did not respond to earlier inquiries by 

the requestor in the course of due diligence. 

CITA will reject a Response if it does not 

include such explanation. 

(4) Due Diligence. The Response must 

provide a complete description of the due 

diligence undertaken by the US-Colombia 

TPA supplier to substantiate the ability to 

supply the subject product. If a US-Colombia 

TPA supplier has participated in the 

requestor’s undertaking of due diligence, the 

supplier must provide certain information in 

response to the requestor’s inquiries. 

(i) If a US-Colombia TPA supplier has been 

responsive to a requestor in the undertaking 

of due diligence, the US-Colombia TPA 

supplier must have stated its ability to 

supply or not supply the subject product. If 

the product can be supplied, the response to 

the inquiry must contain information 

supporting the US-Colombia TPA supplier’s 

claim to supply the subject product, or one 

substitutable, in commercial quantities in a 

timely manner. 

(ii) If a US-Colombia TPA supplier offers 

to supply the subject product, the supplier 

may support its offer by reporting the 

quantity, in metric units, that it has produced 

of the subject product, or a substitutable 

product, in the preceding 24-month period. 

If the US-Colombia TPA supplier does not 

provide such information, it must, subject to 

section 6(b)(4)(vii), explain why the 

information it has provided sufficiently 

supports its offer to supply. 

(iii) In response to a requestor’s inquiry, for 

products that have experienced cyclical 

demand or are not currently produced, the 

US-Colombia TPA supplier must provide the 

requestor the quantity that has been supplied 

or offered commercially in the past, with an 

explanation of the reasons it is not currently 

produced or offered. 

(iv) If the subject product involves a new 

style, weight, or other variation that is new 

to the market or new to the US-Colombia 

TPA supplier, then the supplier must provide 

detailed information on its current ability to 

make the subject product in commercial 

quantities in a timely manner. Such 

information could include current 

production capacity, current loom 

availability, and standard timetables to 

produce the subject product. 

(v) A US-Colombia TPA supplier may 

support its claim to be able to produce the 

subject product through provision of a 

sample meeting the specifications as 

presented in an inquiry. However, the 

provision of a sample is not required. 

Regardless of whether a sample is provided, 

the US-Colombia TPA supplier must 

demonstrate its ability to produce the subject 


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product by providing sufficient relevant 

information regarding their production 

capability. Such information could include 

past production of similar products and/or 

descriptions of equipment and identification 

of suppliers necessary to produce the subject 

product. If some operations, such as 

finishing, will be completed by other entities, 

the name of the facility and contact 

information must be provided. 

(vi) A response to a requestor’s inquiry 

must provide, as applicable, the basis for the 

US-Colombia TPA supplier’s rationale that 

other products that are supplied by the USColombia TPA supplier in commercial 

quantities in a timely manner are 

substitutable for the subject product for 

purposes of the intended use, supported by 

measurable criteria. 

(vii) Nothing in these procedures shall 

require any US-Colombia TPA supplier to 

provide business confidential or other 

commercially sensitive information to a 

requestor. However, a US-Colombia TPA 

supplier must provide the requestor a 

reasonable explanation why such 

information was not provided and why the 

information it has provided sufficiently 

supports its offer to supply. 

(5) Location of the US-Colombia TPA 

supplier. The Response must provide the 

name, address, phone number, and email 

address of a contact person at the facility 

claimed to be able to supply the subject 

product. 

7. 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. 

(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. 

8. Determination Process 

(a) Not later than 30 U.S. business 

days after official receipt of a Request 

(or not later than 44 U.S. business days 

where an extension is provided), CITA 

will notify interested entities by email 

and will post a notice on its Web site 

whether the subject product is available 

in commercial quantities in a timely 

manner in the United States or 

Colombia and whether an interested 

entity has objected to the Request. 

(b) CITA will notify the public of the 

determination by publication in the 

Federal Register when the 

determination results in a change to the 

Commercial Availability List in Annex 

3–B of the US-Colombia TPA. 

(c) Types of Determinations. 

(1) Denial. A denial means that CITA 

has determined that the subject product 

is available in commercial quantities in 

a timely manner in the United States or 

Colombia. If a Request is denied, notice 

of the denial will be posted on the USColombia TPA Commercial Availability 

Web site. 

(i) Denial of Requests for Downstream 

Products With Inputs Not Commercially 

Available: If, during the course of its review 

of a Request, CITA determines that the 

subject product is commercially available but 

for the commercial unavailability of a certain 

input of the subject product, CITA will deny 

the Request. The requestor may submit a 

Request for the input in question rather than 

the downstream product. 

(ii) Denial of Requests for Products With 

Prohibited Inputs, Specifications, and/or 

Processes: If, during the course of its review 

of a Request, CITA determines that the 

subject product requires inputs, 

specifications, and/or processes that are 

prohibited under the laws and regulations of 

the United States, CITA will deny the 

Request if there is a substitute product that 

does not require such prohibited inputs, 

specifications, or processes. 

(2) Approval in Unrestricted Quantity. 

An approval in unrestricted quantities 

means that CITA has determined that 

the subject product is not available in 

commercial quantities in a timely 

manner in the United States or 

Colombia or that no interested entity 

has objected to the Request. 

If a Request is approved without 

restriction, a notice will be published in 

the U.S. Federal Register not later than 

30 U.S. business days (or not more than 

44 U.S. business days where an 

extension is provided) after the official 

receipt of a Request, adding the subject 

product to the Commercial Availability 

List in Annex 3–B of the US-Colombia 

TPA. The effective date of the 

determination is the date of publication 

of the notice in the U.S. Federal 

Register. 

(3) Approval in a Restricted Quantity. 

(i) Approval in a Restricted Quantity: An 

Approval in a Restricted Quantity means that 

CITA has determined to add the subject 

product to the Commercial Availability List 

in Annex 3–B of the US-Colombia TPA with 

a specified restricted quantity. CITA may 

approve the Request in a restricted quantity 

if CITA determines that a US-Colombia TPA 

supplier(s) can partially fulfill the Request 

for the subject product. The restricted 

quantity specifies the amount of the subject 

product that can be provided by a USColombia TPA supplier(s). 

(A) If a Request is approved in a restricted 

quantity, a notice will be published in the 

Federal Register not later than 30 U.S. 

business days (or not more the 44 U.S. 

business days where an extension is 

provided) after official receipt of the Request, 

adding the subject product to the Commercial 

Availability List in Annex 3–B of the USColombia TPA with a specified restricted 

quantity. The restricted quantity specifies the 

amount of the subject product that can be 

provided by a US-Colombia TPA supplier(s). 

(B) The effective date of the determination 

will be the date of publication in the U.S. 

Federal Register. 

(ii) Elimination of a restricted quantity: Not 

later than six months after adding a product 

to the Commercial Availability List in Annex 

3–B of the US-Colombia TPA in a restricted 

quantity, CITA may eliminate the restriction 

if it determines that the subject product is not 

available in commercial quantities in a 

timely manner in the United States or 

Colombia. See Section 203(o)(4)(C)(vi) of the 

Implementation Act. 

(A) The determination that the subject 

product is not available in commercial 

quantities in a timely manner will be based 

upon whether the restricted quantity has 

been provided by a US-Colombia TPA 

supplier(s). CITA will solicit comments and 

information from the US-Colombia TPA 

supplier(s) and the requestor. 

(B) If the US-Colombia TPA supplier(s) are 

still capable of providing the restricted 

quantity, the restriction will remain. 

(C) If the US-Colombia TPA supplier(s) are 

unable to provide the restricted quantity, 

CITA will eliminate the quantity restriction. 

CITA will publish a notice in the U.S. 

Federal Register, and post on the Web site, 

that the quantity restriction is eliminated and 

the subject product is added to the 

Commercial Availability List in Annex 3–B 

of the US-Colombia TPA in an unrestricted 

quantity. The effective date of the 

determination will be the date of publication 

in the U.S. Federal Register. 

(4) Insufficient Information To 

Determine. CITA will extend its time 

period for consideration of the Request 

by an additional 14 U.S. business days 

in the event that CITA determines, not 

later than 30 U.S. business days after 

official receipt of a Request, that it has 

insufficient information to make a 

determination regarding the ability of a 

US-Colombia TPA supplier to supply 

the subject products of the Request 

based on the submitted information. 

CITA will normally determine that it 

does not have sufficient information to 

make a determination on a Request 

when CITA finds there is inconsistency 

in material information contained in the 

Request, one or more Responses, and/or 

the Rebuttal(s). CITA will notify 

interested parties via email that it has 

extended the time period for CITA’s 

consideration by 14 U.S. business-days. 

CITA also will announce the extension 


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on the Web site for US-Colombia TPA 

commercial availability proceedings. 

(i) Process During Extension Period: 

During the extended time period, CITA 

will request that interested entities 

provide additional evidence to 

substantiate the information provided, 

and may initiate a meeting with 

interested entities. Such evidence may 

include, inter alia, product samples, lab 

tests, detailed descriptions of product 

facilities, and comparisons of product 

performance in the intended end-use of 

the subject product. Any samples, if 

requested, of fibers, yarns, or fabrics, 

that are provided to CITA will be made 

available for public inspection at the 

Office of Textiles and Apparel, Room 

30003, U.S. Department of Commerce, 

14th St. and Constitution Ave. NW., 

Washington, DC 20230. All written 

submissions must follow instructions 

described in Section 3 of these 

procedures. Samples should be 

identified with a cover sheet that 

describes the specifications of the 

sample and be identical to the 

specifications of the Request. If CITA 

conducts a meeting, it will comply with 

requirements to conduct proceedings in 

an open manner. 

(ii) CITA also will consider evidence in 

support of claims that US-Colombia TPA 

supplier(s) can supply a substantially similar 

product to that specified in the Request. 

(ii) CITA will make a determination, not 

later than 44 U.S. business days after the 

official receipt of a Request whether to 

approve, approve with restriction, or deny 

the Request and will follow the notification 

process accordingly. 

(5) Deemed Approval. In the event 

that CITA does not make a 

determination in response to a Request 

to add a product to the Commercial 

Availability List in Annex 3–B of the 

US-Colombia TPA within the statutory 

deadlines provided, not later than 45 

U.S. business-days after the official 

receipt of the Request or not later than 

60 U.S. business-days after the official 

receipt of the Request that was 

determined to lack sufficient 

information pursuant to Section 8(c)(4) 

of these Procedures, the requested 

subject product shall be added to the 

Commercial Availability List in Annex 

3–B of the US-Colombia TPA, in an 

unrestricted quantity, in accordance 

with the requirements of section 

203(o)(4)(D) of the Implementation Act. 

CITA will notify the public of the 

deemed approval by publication in the 

Federal Register and posting on 

OTEXA’s Web site. 

9. Submitting a Request To Remove or 

Restrict 

(a) Request To Remove or Restrict. No 

earlier than six months after a product 

has been added to the Commercial 

Availability List in Annex 3–B of the 

US-Colombia TPA in an unrestricted 

quantity pursuant to Sections 203(o)(2), 

203(o)(4)(C)(iii) or (vi), or 203(o)(4)(D) of 

the Implementation Act, an interested 

entity may submit a request to CITA 

requesting that a product be either 

removed from the List in Annex 3–B or 

that a quantity restriction be introduced. 

See Section 203(o)(4)(E)(i) of the 

Implementation Act. 

(b) Content of a Request To Remove 

or Restrict. The Request to Remove or 

Restrict must provide the substantive 

information set forth in Section 6(b) 

(Contents of a Response with an Offer to 

Supply) of these procedures. 

(c) Procedures. 

(1) In considering whether to accept a 

Request to Remove or Restrict, CITA 

will follow procedures set forth in 

Section 5 (Consideration and 

Acceptance of a Request) of these 

procedures. 

(2) If CITA determines to accept the 

Request to Remove or Restrict, CITA 

and any responding interested entity 

shall follow applicable procedures and 

contents set forth in subsection 6(a) 

(Response with an Offer to Supply) and 

Section 7 (Submitting a Rebuttal 

Comment) of these procedures. 

(3) As set forth in subsections 8(a) and 

(b) (Determination Process) of these 

procedures, CITA will determine 

whether the subject product of the 

Request to Remove or Restrict is 

available in commercial quantities in a 

timely manner from a US-Colombia TPA 

supplier not later than 30 U.S. business 

days after the official receipt of the 

Request to Remove or Restrict. 

(i) If CITA determines that the 

product is available in commercial 

quantities in a timely manner in the 

United States or Colombia, then that 

product will be removed from the 

Commercial Availability List in Annex 

3–B of the US-Colombia TPA. 

(ii) If CITA determines that the 

product is available in restricted 

quantities in a timely manner in the 

United States or Colombia, then a 

restricted quantity will be introduced 

for that product. 

(iii) If the Commercial Availability 

List in Annex 3–B of the US-Colombia 

TPA changes as a result of CITA’s 

determination for the Request to 

Remove or Restrict, CITA will notify 

interested parties by email of its 

determination and will publish a notice 

of its determination for the Request to 

Remove or Restrict in the U.S. Federal 

Register. 

(A) For removal, the notice of 

determination will state that textile and 

apparel good containing the subject product 

are not to be treated as originating in either 

the United States or Colombia if the subject 

product is obtained from sources outside the 

United States or Colombia, effective for goods 

entered into the United States on or after six 

months (i.e., 180 calendar days) after the date 

of publication of the notice. See Section 

203(o)(4)(E)(iv) of the Implementation Act. 

(B) For restriction, the notice of 

determination will specify the restricted 

quantity for the subject product that is to be 

effective on or after six months (i.e., 180 

calendar days) after the publication date of 

the notice. See Section 203(o)(4)(E)(iv) of the 

Implementation Act. 

Request for Comments on the Interim 

Procedures 

Comments must be received no later 

than December 6, 2012, and in the 

following format: 

(1) Comments must be in English. 

(2) Comments must be submitted 

electronically or in hard copy, with 

original signatures. 

(3) Comments submitted 

electronically must be either in PDF, 

Word, or Word-Perfect format, and sent 

to the following email address: 

OTEXA_COLOMBIA@trade.gov. 

Comments submitted electronically will 

be posted for public review on the Web 

site dedicated to US-Colombia TPA 

commercial availability proceedings. 

(4) Comments submitted in hard copy 

must be original signed documents and 

must be mailed to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 30003, U.S. 

Department of Commerce, 14th and 

Constitution Avenue NW., Washington, 

DC 20230. Comments submitted in hard 

copy will be made available for public 

inspection at the Office of Textiles and 

Apparel, Room 30003, U.S. Department 

of Commerce, 14th and Constitution 

Avenue NW., Washington, DC, between 

the hours of 8:30 a.m. and 5:00 p.m. on 

business days. In addition, comments 

submitted in hard copy will also be 

posted for public review on the Web site 

dedicated to U.S.-Colombia TPA 

commercial availability proceedings. 

Janet E. Heinzen, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

[FR Doc. 2012–27090 Filed 11–5–12; 8:45 am] 

BILLING CODE 3510–DR–P 


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