[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59041-59042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc05-31]
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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 and man-made fiber
underwear (Category 352/652).
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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 and man-made fiber underwear (Category 352/652).
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 cotton and man-made fiber underwear. The current limit on
cotton and man-made fiber underwear expires on December 31, 2005. The
Committee hereby solicits public comments on this request, in
particular with regard to whether imports from China of cotton and man-
made fiber underwear 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 Order11651, 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 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 and man-made fiber underwear (Category
352/652). 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 and man-made fiber underwear and, if so, the
role of Chinese-origin cotton and man-made fiber underwear 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 and
man-made fiber underwear 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 and
man-made fiber underwear 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 and man-made fiber
underwear, 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 and man-made fiber underwear 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 and man-made fiber
underwear 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 and man-made fiber underwear, and whether actual
or anticipated imports of Chinese-origin cotton and man-made fiber
underwear are likely to affect the development and production efforts
of the U.S. cotton and man-made fiber underwear industry; and (6)
Whether U.S. managers, retailers, purchasers, importers or other market
participants have recognized Chinese producers of cotton and man-made
fiber underwear as potential suppliers (for example, through pre-
qualification procedures or framework agreements).
[[Page 59042]]
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 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 Chineseorigin cotton
and man-made fiber underwear 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. 05-20407 Filed 10-6-05; 1:37 pm]
BILLING CODE 3510-DS-S