[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59038-59039]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc05-29]
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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
October 5, 2005.
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 cotton trousers (Category
347/348).
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SUMMARY: On September 14, 2005, the Committee received a request from
the American Manufacturing Trade Action Coalition, the National Council
of Textile Organizations, the National Textile Association, SEAMS, and
UNITE HERE requesting that the Committee reapply a limit on imports
from China of cotton trousers (Category 347/348). They request that a
textile and apparel safeguard action, as provided for in the Report of
the Working Party on the Accession of China to the World Trade
Organization (the Accession Agreement), be reapplied on imports of such
trousers. The current limit on cotton trousers expires on December 31,
2005. The Committee hereby solicits public comments on this request, in
particular with regard to whether imports from China of such trousers
are, due to the threat of market disruption, threatening to impede the
orderly development of trade in this product. Comments must be
submitted by November 10, 2005 to the Chairman, Committee for the
Implementation of Textile Agreements, Room 3001A, United States
Department of Commerce, 14th and Constitution Avenue, N.W., Washington,
DC 20230.
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 Report of the Working Party on the Accession of China to the
World Trade Organization (WTO) provides that, if a WTO Member, such as
the United States, believes that imports of Chinese origin textile and
apparel products are, ``due to market disruption, threatening to impede
the orderly development of trade in these products'', it may 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
[[Page 59039]]
preceding the month in which the request was made.
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 September 14, 2005, the Committee received a request that an
Accession Agreement textile and apparel safeguard action be reapplied
on imports from China of cotton trousers (Category 347/348). The
Committee has determined that this request provides the information
necessary for the Committee to consider the request in light of the
considerations set forth in the Procedures. The text of the request is
available at http://otexa.ita.doc.gov/Safeguard05.htm.
The Committee is soliciting public comments on this request, in
particular with regard to whether there is a threat of disruption to
the U.S. market for cotton trousers and, if so, the role of Chinese-
origin cotton trousers 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 December 31,
2005: (1) Whether cotton trouser imports 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
cotton trousers 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 cotton trousers, 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
cotton trousers that are 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
market); (4) The level and the extent of any recent change in
inventories of cotton trousers 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 cotton trousers, and whether actual or
anticipated imports of Chinese-origin cotton trousers are likely to
affect the development and production efforts of the U.S. cotton
trouser industry; and (6) Whether U.S. managers, retailers, purchasers,
importers or other market participants have recognized Chinese
producers of cotton trousers 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 November 10, 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.
If a comment alleges that there is no threat of market disruption
or that the subject imports are not threatening to cause market
disruption, the Committee will closely review any supporting
information and documentation, such as information about domestic
production or prices of like or directly competitive products.
Particular consideration will be given to comments representing the
views of actual producers in the United States of a like or directly
competitive product.
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 expects to 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, however, the Committee is
unable to make a determination within 60 calendar days, it will cause
to be ublished 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
cotton trousers are, due to the threat of market disruption,
threatening to impede the orderly development of trade in these
products, the United States will request consultations with China with
a view to easing or avoiding the disruption in accordance with the
Accession Agreement and the Committee's Procedures.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 05-20405 Filed 10-6-05; 1:36 pm]
BILLING CODE 3510-DS-S