[Federal Register: September 9, 2005 (Volume 70, Number 174)]
[Notices]               
[Page 53638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se05-46]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Extension of Period of Determination on Request for Textile and 
Apparel Safeguard Action on Imports from China

September 2, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the 
Committee).

ACTION: Notice.

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SUMMARY: The Committee is extending through October 1, 2005, the period 
for making a determination on whether to request consultations with 
China regarding imports of knit fabric (Category 222).

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 November 19, 2004, the Committee received a request 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 knit fabric 
(Category 222) due to the threat of market disruption.
    The Committee determined that this request provided the information 
necessary for the Committee to consider the request and solicited 
public comments for a period of 30 days. See Solicitation of Public 
Comments on Request for Textile and Apparel Safeguard Action on Imports 
from China, 69 FR 75516 (Dec. 17, 2004).
    On December 30, 2004, the Court of International Trade 
preliminarily enjoined the Committee from considering or taking any 
further action on this request 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 U.S. Court of Appeals for the Federal Circuit 
granted the U.S. government's motion for a stay and reversed the lower 
Court on June 28, 2005. U.S. Association of Importers of Textiles and 
Apparel v. United States, 413 F. 3d 1344 (Fed. Cir. 2005). Thus, CITA 
resumed consideration of this case.
    The public comment period for this request had not yet closed when 
the injunction took effect on December 30, 2004. The number of calendar 
days remaining in the public comment period beginning with and 
including December 30, 2004 was 20 days. On May 9, 2005, therefore, the 
Committee published a notice in the Federal Register re-opening the 
comment period and inviting public comments to be received not later 
than May 31, 2005. 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).
    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. 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.
    The 60 day determination period for this case expired on August 12, 
2005. However, the Committee decided to extend until August 31, 2005, 
the period for making a determination on this case in order to consult 
with the domestic textile and apparel industry and members of Congress 
about whether to pursue a broader agreement with China on imports of 
Chinese textile and apparel products to the United States. Because of 
these consultations, the Committee was unable to make a determination 
within 60 days of the close of the public comment period. See Extension 
of Period of Determination on Request for Textile and Apparel Safeguard 
Action on Imports from China, 70 FR 45705 (August 8, 2005). The 
Committee is unable to make a determination within the extended period 
because it is continuing to evaluate conditions in the market for knit 
fabric. Therefore, the Committee is further extending the determination 
period to October 1, 2005.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.E5-4943 Filed 9-8-05; 8:45 am]

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