[Federal Register: October 6, 2005 (Volume 70, Number 193)]
[Notices]
[Page 58387-58388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc05-47]
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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
October 3, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the
Committee).
ACTION: Notice.
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SUMMARY: The Committee is extending through November 30, 2005, the
period for making a determination on whether to request consultations
with China regarding imports of cotton and man-made fiber dressing
gowns and robes (Category 350/650).
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 24, 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 cotton and
man-made fiber dressing gowns and robes (Category 350/650) due to the
threat of market disruption (``threat case'').
The Committee determined that this request provided the information
[[Page 58388]]
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 77232 (Dec. 27, 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 28 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 June 6, 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).
On April 6, 2005, 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 cotton and
man-made fiber dressing gowns and robes (Category 350/650) due to
market disruption (``market disruption case''). 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 Comment on Request for
Textile and Apparel Safeguard Action on Imports from China, 70 FR 23117
(May 4, 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 the market disruption case
expired on August 2, 2005 and the determination period for the threat
case expired on August 5, 2005. However, the Committee decided to
extend until August 31, 2005, the period for making determinations on
these cases 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 45702 (August 8, 2005). The Committee was unable to make a
determination within the extended period because it was continuing to
evaluate conditions in the market for cotton and man-made fiber
dressing gowns and robes. Therefore, the Committee further extended the
determination period to October 1, 2005. See Extension of Period of
Determination on Request for Textile and Apparel Safeguard Action on
Imports from China, 70 FR 53639 (September 9, 2005). The United States
and China have held three rounds of consultations on a broader
agreement on textiles, and further consultations will be scheduled.
Because of these consultations, the Committee is further extending the
determination period to November 30, 2005.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-5521 Filed 10-5-05; 8:45 am]
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