[Federal Register: August 10, 2005 (Volume 70, Number 153)]
[Notices]
[Page 46493-46494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au05-38]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Notice Regarding Pending Requests for Textile and Apparel
Safeguard Action on Imports from China
August 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the
Committee)
ACTION: Notice
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SUMMARY: The Committee is notifying the public that there is no need
for further action on certain pending requests for Textile and Apparel
Safeguard Action based upon allegations of actual (i.e., existing)
market disruption at this time regarding imports of men's and boys'
cotton and man-made fiber shirts, not knit (Category 340/640), man-made
fiber knit shirts and blouses (Category 638/639), and man-made fiber
trousers (Category 647/648).
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:
On October 13, 2004, the Committee received requests 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 impose textile safeguard
actions on imports from China of men's and boys' cotton and man-made
fiber shirts, not knit (Category 340/640), man-made fiber knit shirts
and blouses (Category 638/639), and man-made fiber trousers, slacks and
shorts (Category 647/648), based on a threat of market disruption.
The Committee determined these requests provided the information
necessary for the Committee to consider these requests and solicited
public comments for a period of 30 days. See Solicitation of Public
Comment on Request for Textile and Apparel Safeguard Action on Imports
from China, 69 FR 64913 (Category 340/640), 64911 (Category 638/639) &
64915 (Category 647/48) (Nov. 9, 2004).
On December 30, 2004, the United States Court of International
Trade preliminarily enjoined the members of the Committee 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,
350 F. Supp. 2d 1342 (CIT 2004). On April 27, 2005 the United States
Court of Appeals for the Federal Circuit granted the U.S. government's
motion for a stay of that injunction and ultimately reversed the
preliminary injunction. U.S. Association of Importers of Textiles and
Apparel v. United States, Ct. No. 05-1209, 2005 U.S. App. LEXIS 12751
(Fed. Cir. June 28, 2005). Thus, the Committee resumed consideration of
these cases.
The public comment period for these three requests had closed prior
to December 30, 2004. The Committee did not solicit additional comments
for these requests when it published a notice in the Federal Register
inviting public comments for other requests with comment periods
interrupted by the litigation. See Rescheduling of Consideration of
Request for Textile and Apparel Safeguard Action on Imports from China
and Solicitations of Public Comments, 70 FR 24397 (May 9, 2005).
On April 6, 2005, the Committee received requests from the American
Manufacturing Trade Action Coalition, the National Council of Textile
Organizations, the National Textile Association, and UNITE HERE
requesting that the Committee limit imports from China of men's and
boys' cotton and man-made fiber shirts, not knit (Category 340/640),
man-made fiber knit shirts and blouses (Category 638/639), and man-made
fiber trousers, slacks and shorts (Category 647/648) due to the
existence of market disruption (``market disruption cases''). The
Committee determined these requests provided the information necessary
for the Committee to consider the requests and solicited public
[[Page 46494]]
comments for a period of 30 days. See Solicitation of Public Comment on
Request for Textile and Apparel Safeguard Action on Imports from China,
70 FR 23100 (Category 340/640), 23130 (Category 638/639) & 23136
(Category 647/48) (May 4, 2005).
On May 18, 2005, the Committee announced its determination that
imports of Chinese origin men's and boys' cotton and man-made fiber
shirts, not knit, man-made fiber knit shirts and blouses, and man-made
fiber trousers, slacks and shorts are, due to a threat of market
disruption, threatening to impede the orderly development of trade in
these products. See Announcement of Request for Bilateral Textile
Consultations with the Government of the People's Republic of China and
the Establishment of Import Limits for Certain Cotton and Man-Made
Fiber Textiles and Textile Products in Categories 301, 340/640, 638/
639, and 647/648, Produced or Manufactured in the People's Republic of
China, 70 FR 30930 (May 31, 2005).
The Committee's Procedures (68 FR 27787, May 21, 2003) state that
the Committee will make a determination within 60 calendar days of the
close of the public comment period as to whether the United States will
request consultations with China with a view to easing or avoiding
market disruption. This 60-day period for the three market disruption
cases expired on August 2, 2005. Based on the threat of market
disruption, however, the Committee has already requested consultations
with China with respect to the categories of products covered by these
three cases. See Announcement of Request for Bilateral Textile
Consultations with the Government of the People's Republic of China and
the Establishment of Import Limits for Certain Cotton and Man-Made
Fiber Textiles and Textile Products in Categories 301, 340/640, 638/
639, and 647/648, Produced or Manufactured in the People's Republic of
China, 70 FR 30930 (May 31, 2005). Thus, there is no need for any
further action based on allegations of actual market disruption at this
time as to these categories.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. E5-4328 Filed 8-9-05; 8:45 am]
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