[Federal Register: December 13, 2004 (Volume 69, Number 238)]
[Notices]
[Page 72181-72182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de04-32]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Entry of Shipments of Cotton, Wool, Man-Made Fiber, Silk Blend
and Other Vegetable Fiber Textiles and Apparel in Excess of 2004
Agreement Limits or Certain China Safeguard Limits
December 9, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA).
ACTION: Directive to Commissioner, Customs and Border Protection.
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FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Executive Order 11651 of March 3, 1972, as amended;
Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C.
1854).
In a Federal Register Notice published on June 25, 2004, CITA
announced that it had come to CITA's attention that some textile and
apparel products may be shipped in excess of agreed quota limits in
2004 with the expectation that those shipments will be allowed entry
upon the expiration of the limits, and CITA noted that shipments
exported in excess of agreed limits are a violation of the terms of
those agreements. (69 FR 35586) In that Notice, CITA expressly reserved
the right to deny entry to goods that have been shipped in excess of
agreed limits or to stage entry for goods exported in excess of agreed
limits. In order to carry
[[Page 72182]]
out those agreements, including the World Trade Organization (WTO)
Agreement on Textiles and Clothing (ATC), the Report of the Working
Party on the Accession of China to the WTO (Accession Agreement), and
certain bilateral textile agreements with countries that are not
Members of the WTO, CITA is directing the Commissioner, Customs and
Border Protection, to stage entry of goods exported in 2004 in excess
of ATC, Accession Agreement, or bilateral textile agreement limits.
For all shipments exported in 2004 that exceed the applicable 2004
agreed quota limit from WTO Members and from countries with bilateral
textile agreements expiring on December 31 that are not WTO Members,
entry will not be permitted until February 1, 2005. From February 1
through February 28, 2005, entry will be permitted to goods in an
amount equal to 5 percent of the applicable 2004 base quota limit. For
each succeeding month, beginning on the first day of the month and
extending through the last day of the month, entry will be permitted to
goods in an amount equal to 5 percent of the applicable base 2004 quota
limit, until all shipments in excess of the quota limits have been
entered.
For all shipments exported from China that exceed the applicable
Accession Agreement safeguard limits for categories 222, 349/649, and
350/650, which apply to goods in these categories exported from China
between December 24, 2003 and December 23, 2004, entry will not be
permitted until January 24, 2005. From January 24 through February 23,
2005, entry will be permitted to goods in an amount equal to 5 percent
of the applicable safeguard limit. For each succeeding period,
beginning on the 24th of the month and extending through the 23rd of
the following month, entry will be permitted to goods in an amount
equal to 5 percent of the applicable base safeguard limit, until all
shipments in excess of safeguard limits have been entered.
2004 quota base limits can be found on the Web at http://otexa.ita.doc.gov
under ``Summary of Agreements.''
James C. Leonard, III,
Chairman, Committee for the Implementation of Textile Agreements.
Committee for the Implementation of Textile Agreements
Commissioner, Customs and Border Protection, Washington, DC 20229,
December 9, 2004.
Dear Commissioner: This directive provides instructions on
permitting entry to goods shipped in excess of 2004 quota limits,
for WTO Members or countries with expiring bilateral textile
agreements, and in excess of China safeguard limits imposed in 2003.
For all shipments exported in 2004 that exceed the applicable
2004 agreed quota limit from WTO Members and from countries with
bilateral textile agreements expiring on December 31 that are not
WTO Members, you are directed to deny entry until February 1, 2005,
subject to the following procedure. From February 1 through February
28, 2005, you are directed to permit entry to goods in an amount
equal to 5 percent of the applicable 2004 base quota limit. For each
succeeding month, beginning on the first day of the month and
extending through the last day of the month, you are directed to
permit entry to goods in an amount equal to 5 percent of the
applicable base 2004 quota limit, until all shipments in excess of
the quota limits have been entered.
For all shipments exported from China that exceed the applicable
safeguard limits for categories 222, 349/649, and 350/650, you are
directed to deny entry until January 24, 2005, subject to the
following procedure. From January 24 through February 23, 2005, you
are directed to permit entry to goods in an amount equal to 5
percent of the applicable safeguard limit. For each succeeding
period, beginning on the 24th of the month and extending through the
23rd of the following month, you are directed to permit entry to
goods in an amount equal to 5 percent of the applicable base
safeguard limit, until all shipments in excess of safeguard limits
have been entered.
The Committee for the Implementation of Textile Agreements has
determined that this action falls within the foreign affairs
exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).
Sincerely,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-27374 Filed 12-9-04; 2:48 pm]