[Federal Register: December 7, 2004 (Volume 69, Number 234)]
[Notices]
[Page 70661-70662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de04-51]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Solicitation of Public Comments on Request for Textile and
Apparel Safeguard Action on Imports from China
December 2, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (the
Committee)
ACTION: Solicitation of public comments concerning a request for
safeguard action on imports from China of other synthetic filament
fabric (Category 620).
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SUMMARY: The Committee has received a request from the National Council
of Textile Organizations, the National Textile Association, the
American Manufacturing Trade Action Coalition, and UNITE HERE!
(Requestors) asking the Committee to limit imports from China of other
synthetic filament fabric in accordance with the textile and apparel
safeguard provision of the Working Party on the Accession of China to
the World Trade Organization (the Accession Agreement). The Committee
hereby solicits public comments on this request.
FOR FURTHER INFORMATION CONTACT: Jay Dowling, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-4058.
SUPPLEMENTARY INFORMATION:
Authority: Section 204 of the Agriculture Act of 1956, as
amended; Executive Order 11651, as amended.
BACKGROUND:
The textile and apparel safeguard provision of the Accession
Agreement provides for the United States and other members of the World
Trade Organization that believe imports of Chinese origin textile and
apparel products are, due to market disruption, threatening to impede
the orderly development of trade in these products to request
consultations with China with a view to easing or avoiding the
disruption. Pursuant to this provision, if the United States requests
consultations with China, it must, at the time of the request, provide
China with a detailed factual statement showing ``(1) the existence or
threat of market disruption; and (2) the role of products of Chinese
origin in that disruption.'' Beginning on the date that it receives
such a request, China must restrict its shipments to the United States
to a level no greater than 7.5 percent (6 percent for wool product
categories) above the amount entered during the first 12 months of the
most recent 14 months preceding the request. If exports from China
exceed that amount, the United States may enforce the restriction.
The Committee has published procedures (the Procedures) it follows
in considering requests for Accession Agreement textile and apparel
safeguard actions (68 FR 27787, May 21, 2003; 68 FR 49440, August 18,
2003), including the information that must be included in such requests
in order for the Committee to consider them.
On November 8, 2004, the Requestors asked the Committee to impose
an Accession Agreement textile and apparel safeguard action on imports
from China of other synthetic filament fabric (Category 620) on the
ground that an anticipated increase in imports of other synthetic
filament fabric after January 1, 2005, threatens to disrupt the U.S.
market for other synthetic filament fabric. For a list of the products
included in Category 620, see ``Textile Correlation'' at http://otexa.ita.doc/corr.htm The request is available at http://otexa.ita.doc.gov/Safeguard_intro.htm.
In light of the considerations
set forth in the Procedures, the Committee has determined that the
Requestors have provided the information necessary for the Committee to
consider the request.
The Committee is soliciting public comments on the request, in
particular with regard to whether there is a threat of disruption to
the U.S. market for other synthetic filament fabric and, if so, the
role of Chinese-origin other synthetic filament fabric in that
disruption. To this end, the Committee seeks relevant information
addressing factors such as the following, which may be relevant in the
particular circumstances of this case, involving a product under a
quota that will be removed on January 1, 2005: (1) Whether imports of
other synthetic filament fabric from China are entering, or are
expected to enter, the United States at prices that are substantially
below prices of the like or directly competitive U.S. product, and
whether those imports are likely to have a significant depressing or
suppressing effect on domestic prices of the like or directly
competitive U.S. product or are likely to increase demand for further
imports from China; (2) Whether exports of Chinese-origin other
synthetic filament fabric to the United States are likely to increase
substantially and imminently (due to existing unused production
capacity, to capacity that can easily be shifted from the production of
other products to the production of other synthetic filament fabric, or
to an imminent and substantial increase in production capacity or
investment in production capacity), taking into account the
availability of other markets to absorb any additional exports; (3)
Whether Chinese-origin other synthetic filament fabric that is
presently sold in the Chinese market or in third-country markets will
be diverted to the U.S. market in the imminent future (for example, due
to more favorable pricing in the U.S. market or to existing or imminent
import restraints into third country markets); (4) The level and the
extent of any recent change in
[[Page 70662]]
inventories of other synthetic filament fabric in China or in U.S.
bonded warehouses; (5) Whether conditions of the domestic industry of
the like or directly competitive product demonstrate that market
disruption is likely (as may be evident from any anticipated factory
closures or decline in investment in the production of other synthetic
filament fabric, and whether actual or anticipated imports of Chinese-
origin other synthetic filament fabric are likely to affect the
development and production efforts of the U.S. other synthetic fabric
industry; and (6) Whether U.S. managers, retailers, purchasers,
importers, or other market participants have recognized Chinese
producers of other synthetic filament fabric as potential suppliers
(for example, through pre-qualification procedures or framework
agreements).
Comments may be submitted by any interested person. Comments must
be received no later than January 6, 2005. Interested persons are
invited to submit ten copies of such comments to the Chairman,
Committee for the Implementation of Textile Agreements, Room 3001A,
U.S. Department of Commerce, 14th and Constitution Avenue N.W.,
Washington, DC 20230.
The Committee will protect any business confidential information
that is marked ``business confidential'' from disclosure to the full
extent permitted by law. To the extent that business confidential
information is provided, two copies of a non-confidential version must
also be provided in which business confidential information is
summarized or, if necessary, deleted. Comments received, with the
exception of information marked ``business confidential'', will be
available for inspection between Monday - Friday, 8:30 a.m and 5:30 p.m
in the Trade Reference and Assistance Center Help Desk, Suite 800M, USA
Trade Information Center, Ronald Reagan Building, 1300 Pennsylvania
Avenue, NW, Washington, DC, (202) 482-3433.
The Committee will make a determination within 60 calendar days of
the close of the comment period as to whether the United States will
request consultations with China. If the Committee is unable to make a
determination within 60 calendar days, it will cause to be published a
notice in the Federal Register, including the date by which it will
make a determination. If the Committee makes a negative determination,
it will cause this determination and the reasons therefore to be
published in the Federal Register. If the Committee makes an
affirmative determination that imports of Chinese origin other
synthetic filament fabric threaten to disrupt the U.S. market, the
United States will request consultations with China with a view to
easing or avoiding the disruption.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-3530 Filed 12-6-04; 8:45 am]