[Federal Register: May 9, 2005 (Volume 70, Number 88)]
[Notices]
[Page 24397-24399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my05-48]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Rescheduling of Consideration of Requests for Textile and Apparel
Safeguard Action on Imports from China and Solicitations of Public
Comments
May 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the
Committee)
[[Page 24398]]
ACTION: Rescheduling of consideration by the Committee of requests for
textile and apparel safeguard action previously stayed due to a court
injunction, and solicitation of public comments with respect to those
requests for which the comment period remained open at the time the
injunction was imposed.
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SUMMARY: The Committee has resumed consideration of twelve requests for
safeguard action that were received from certain textile and apparel
trade associations in October, November and December, 2004. The
Requestors asked the Committee to limit imports from China of twelve
textile and apparel products in accordance with the textile and apparel
safeguard provision in the Report of the Working Party on the Accession
of China to the World Trade Organization (the Accession Agreement).
Although the Committee decided to consider these requests, and
solicited public comments, the Court of International Trade
preliminarily enjoined CITA from taking any further action on the
requests on December 30, 2004. The Court of Appeals for the Federal
Circuit stayed the injunction on April 27, 2005. The Committee is not
soliciting any further public comment with respect to those requests
where the public comment period closed before the court issued its
injunction. With respect to the remaining requests, the Committee
hereby solicits public comments during a period beginning the day
following publication of this notice in the Federal Register and
encompassing the number of days remaining in the original comment
period when the court issued its injunction.
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 month in which the request for
consultations is made. 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.
In October through December of 2004, the Requestors asked the
Committee to take safeguard action on imports from China of 12 the
following products: 1) cotton trousers, category 347/348; (2) cotton
knit shirts and blouses, category 338/339; (3) men's and boys' cotton
and man-made fiber shirts, not knit, category 340/640; (4) man-made
fiber knit shirts and blouses, category 638/639; (5) man-made fiber
trousers, category 647/648; (6) cotton and man-made fiber underwear,
category 352/652; (7) combed cotton yarn, category 301; (8) other
synthetic filament fabric, category 620; (9) men's and boys' wool
trousers, category 447; (10) knit fabric, category 222; (11) dressing
gowns and robes, category 350/650; and (12) brassieres and other body
supporting garments, category 349/649.
The Committee determined that each of these requests provided the
information necessary for the Committee to consider the request and
solicited public comments on each. See 69 FR 64034 (Nov. 3, 2004); 69
FR 64911 (Nov. 9, 2004); 69 FR 64912 (Nov. 9, 2004); 69 FR 64913 (Nov.
9, 2004); 69 FR 64914 (Nov. 9, 2004); 69 FR 64915 (Nov. 9, 2004); 69 FR
68133 (Nov. 23, 2004); 69 FR 70661 (Dec. 7, 2004); 69 FR 71781 (Dec.
10, 2004); 69 FR 75516 (Dec. 17, 2004); 69 FR 77232 (Dec. 27, 2004); 69
FR 77998 (Dec. 29, 2004).
These requests are available at http://otexa.ita.doc.gov.
On December 30, 2004, the Court of International Trade
preliminarily enjoined the CITA agencies from considering or taking any
further action on these requests and any other requests ``that are
based on the threat of market disruption''. U.S. Association of
Importers of Textiles and Apparel v. United States, Slip Op.04-162. On
April 27, 2005, the Court of Appeals for the Federal Circuit granted
the U.S. government's motion for a stay of that injunction, pending
appeal. U.S. Association of Importers of Textiles and Apparel v. United
States, Ct. No. 05-1209. Thus CITA may now resume consideration of
these cases.
Public Comments
The public comment period closed prior to December 30, 2004 with
respect to the following seven requests: (1) cotton trousers, category
347/348; (2) cotton knit shirts and blouses, category 338/339; (3)
men's and boys' cotton and man-made fiber shirts, not knit, category
340/640; (4) man-made fiber knit shirts and blouses, category 638/639;
(5) man-made fiber trousers, category 647/648; (6) cotton and man-made
fiber underwear, category 352/652; and (7) combed cotton yarn, category
301. The Committee is not soliciting additional public comments with
respect to those requests.
With respect to the remaining five requests filed in the last
quarter of 2004, the public comment period had not yet closed as of
December 30, 2004. The number of calendar days remaining in the public
comment period beginning with and including December 30, 2004 is
indicated in parentheses for each product group: (1) other synthetic
filament fabric, category 620 (8 days); (2) men's and boys' wool
trousers, category 447 (12 days); (3) knit fabric, category 222 (20
days); (4) dressing gowns and robes, category 350/650 (28 days); and
(5) brassieres and other body supporting garments, category 349/649 (30
days).
For some of these cases, public comments continued to be delivered
to the Committee during the original comment period. Although the
Committee was barred by the injunction from considering such comments
while the injunction was in effect, those comments were retained, and
will now be considered. They need not be re-submitted.
Interested persons are invited to submit ten copies of comments in
connection with these five requests to the Chairman. Comments must be
received no later than the last day of the number of days remaining in
the original comment period at the time of the imposition of the
injunction. Thus, for (1) other synthetic filament fabric, category
620, comments must be received no later than May 17, 2005; for (2)
men's and boys' wool trousers, category 447, comments must be received
no later than May 23, 2005; for
[[Page 24399]]
(3) knit fabric, category 222, comments must be received no later than
May 31, 2005; for (4) dressing gowns and robes, category 350/650,
comments must be received no later than June 6, 2005; and for (5)
brassieres and other body supporting garments, category 349/649,
comments must be received no later than June 8, 2005.
Comments should be directed to the 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.
Committee Determination Whether to Request Consultations
With respect to the requests for which the public comment period
closed prior to the imposition of the injunction, the Committee will
make a determination within 60 calendar days of the publication of this
notice in the Federal Register 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 these textile and apparel
products threaten to disrupt the U.S. market, the United States will
request consultations with China with a view to easing or avoiding the
disruption.
With respect to the requests for which the public comment period
remained open at the time of the imposition of the injunction, the
Committee will make a determination within 60 calendar days of the
close of the public comment period, as described above in the
``Affected Product Groups'' section, 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 these textile and
apparel products threaten to disrupt the U.S. market, the United States
will request consultations with China with a view to easing or avoiding
the disruption.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 05-9320 Filed 5-5-05; 2:51 am]