[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28544-28547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12285]
[[Page 28544]]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Procedures for Considering Requests From the Public for Textile
and Apparel Safeguard Actions on Imports From Oman
May 17, 2010.
AGENCY: The Committee for the Implementation of Textile Agreements (the
``Committee'').
ACTION: Notice of procedures.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth the procedures the Committee will
follow in considering requests from the public for textile and apparel
safeguard actions as provided for in title III, subtitle B, section 321
through section 328 of the United States-Oman Free Trade Agreement
Implementation Act.
DATES: Effective Date: May 21, 2010.
ADDRESSES: Requests must be submitted to: Chairman, Committee for the
Implementation of Textile Agreements, Room H3100, U.S. Department of
Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Maria D'Andrea, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-1550.
SUPPLEMENTARY INFORMATION:
Title III, subtitle B, section 321 through section 328 of the
United States-Oman Free Trade Agreement Implementation Act (the
``Act'') implements the textile and apparel safeguard provisions,
provided for in Article 3.1 of the United States-Oman Free Trade
Agreement (the ``Agreement''). The safeguard mechanism applies when, as
a result of the elimination of a customs duty under the Agreement, an
Omani textile or apparel article is being imported into the United
States in such increased quantities, in absolute terms or relative to
the domestic market for that article, and under such conditions as to
cause serious damage or actual threat thereof to a U.S. industry
producing a like or directly competitive article. In these
circumstances, Article 3.1 permits the United States to increase duties
on the imported article from Oman to a level that does not exceed the
lesser of the prevailing U.S. normal trade relations (``NTR'')/most-
favored-nation (``MFN'') duty rate for the article or the U.S. NTR/MFN
duty rate in effect on the day before the Agreement enters into force.
In Presidential Proclamation 8332 of December 29, 2008 (73 FR 80289
(Dec. 31, 2008)), the President delegated to the Committee certain
functions under subtitle B of title III of the Act.
The import tariff relief is effective beginning on the date that
the Committee determines that an ``Omani textile or apparel article''
as defined in section 301(2) of the Act, is being imported into the
United States in such increased quantities, in absolute terms or
relative to the domestic market for that article, and under such
conditions as to cause serious damage, or actual threat thereof, to a
U.S. industry producing an article that is like, or directly
competitive with, the imported article. Consistent with section 323(a)
of the Act, the maximum period of import tariff relief, as set forth in
section 3 of this notice, shall be three years. However, if the initial
period for import tariff relief is less than three years, consistent
with section 323(b) of the Act, the Committee may extend the period of
import relief to the maximum three years if the Committee determines
that the continuation is necessary to remedy or prevent serious damage
or actual threat thereof and to facilitate adjustment by the domestic
industry to import competition, and that the domestic industry is, in
fact, making a positive adjustment to import competition. Import tariff
relief may not be applied to the same article under these procedures if
(1) relief previously has been granted with respect to that article
under these provisions; or (2) the article is subject to relief under
Chapter 1 of Title II of the Trade Act of 1974.
Authority to provide import tariff relief with respect to an Omani
textile or apparel article will expire ten years after duties on the
article are eliminated pursuant to the Agreement.
Under Article 3.1.6 of the Agreement, if the United States provides
relief to a domestic industry under the textile and apparel safeguard,
it must provide Oman ``mutually agreed trade liberalizing compensation
in the form of concessions having substantially equivalent trade
effects or equivalent to the value of the additional duties expected to
result from the emergency action.'' Such concessions shall be limited
to textile and apparel products, unless the United States and Oman
agree otherwise. If the United States and Oman are unable to agree on
trade liberalizing compensation, Oman may increase customs duties
equivalently on U.S. products. The obligation to provide compensation
terminates upon termination of the safeguard relief. Section 327 of the
Act extends the President's authority to provide compensation under
section 123 of the Trade Act of 1974 (19 U.S.C. 2133), as amended, to
measures taken pursuant to the Agreement's textile and apparel
safeguard provisions.
In order to facilitate the implementation of Title III, Subtitle B,
section 321 through section 328 of the Act, the Committee has
determined that actions taken under this safeguard fall within the
foreign affairs exception to the rulemaking provision of 5 U.S.C.
553(a)(1). These procedures are not subject to the requirement to
provide prior notice and opportunity for public comment, pursuant to 5
U.S.C. 553(a)(1) and 553(b)(A).
Procedures for Requesting Textile and Apparel Safeguard Actions
1. Requirements for Requests. Pursuant to section 321(a) of the Act
and section 7 of Presidential Proclamation 8332 of December 29, 2008,
an interested party may file a request for a textile and apparel
safeguard action with the Committee. The Committee will review requests
from the interested party sent to the Chairman, Committee for the
Implementation of Textile Agreements, Room 3100, U.S. Department of
Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230. Ten
copies of any such request must be provided. As provided in section 328
of the Act, the Committee will protect from disclosure any business
confidential information that is marked ``business confidential'' 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. At the conclusion
of the request, an interested party must attest that ``all information
contained in the request is complete and accurate and no false claims,
statements, or representations have been made.'' Consistently with
section 321(a) of the Act, the Committee will review a request
initially to determine whether to commence consideration of the request
on its merits. Within 15 working days of receipt of a request, the
Committee will determine whether the request provides the information
necessary for the Committee to consider the request in light of the
considerations set forth below. If the request does not, the Committee
will promptly notify the requester of the reasons for this
determination and the request will not be considered. However, the
Committee will reevaluate any request that is resubmitted with
additional information.
Consistent with longstanding Committee practice in considering
textile safeguard actions, the Committee will consider an interested
party to be
[[Page 28545]]
an entity (which may be a trade association, firm, certified or
recognized union, or group of workers) that is representative of
either: (A) A domestic producer or producers of an article that is like
or directly competitive with the subject Omani textile or apparel
article; or (B) a domestic producer or producers of a component used in
the production of an article that is like or directly competitive with
the subject Omani textile or apparel article.
A request will only be considered if the request includes the
specific information set forth below in support of a claim that a
textile or apparel article from Oman is being imported into the United
States in such increased quantities, in absolute terms or relative to
the domestic market for that article, and under such conditions as to
cause serious damage or actual threat thereof, to a U.S. industry
producing an article that is like, or directly competitive with, the
imported article.
A. Product description. Name and description of the imported
article concerned, including the category or categories or part thereof
of the U.S. Textile and Apparel Category System (see ``Textile
Correlation'' at http://otexa.ita.doc.gov/corr.htm[HJ1]) under which
such article is classified, the Harmonized Tariff Schedule of the
United States subheading(s) under which such article is classified, and
the name and description of the like or directly competitive domestic
article concerned.
B. Import data. The following data, in quantity by category unit
(see ``Textile Correlation''), on total imports of the subject article
into the United States and imports from Oman into the United States:
* Annual data for the most recent three full calendar years for
which such data are available;
* Quarterly data for the most recent year for which such data are
partially available, and quarterly data for the same quarter(s) of the
previous year (e.g. January-March 2010, April-June 2010 and January-
March 2009, April-June 2009).
The data should demonstrate that imports of an Omani origin textile
or apparel article that are like or directly competitive with the
articles produced by the domestic industry concerned are increasing in
absolute terms or relative to the domestic market for that article.
C. Production data. The following data, in quantity by category
unit (see ``Textile Correlation''), on U.S. domestic production of the
like or directly competitive articles of U.S. origin indicating the
nature and extent of the serious damage or actual threat thereof:
* Annual data for the most recent three full calendar years for
which such data are available;
* Quarterly data for the most recent year for which such data are
partially available, and quarterly data for the same quarter(s) of the
previous year (e.g. January-March 2010, April-June 2010 and January-
March 2009, April-June 2009).
If the like or directly competitive article(s) of U.S. origin does
not correspond to a category or categories of the U.S. Textile and
Apparel Category system for which production data are available from
official statistics of the U.S. Department of Commerce (see ``U.S.
Imports, Production, Markets, Import Production Ratios and Domestic
Market Shares for Textile and Apparel Product Categories'' at Web site
http://otexa.ita.doc.gov/ipbook.pdf), the requester must provide a
complete listing of all sources from which the data were obtained and
an affirmation that to the best of the requester's knowledge, the data
represent substantially all of the domestic production of the like or
directly competitive article(s) of U.S. origin. In such cases, data
should be reported in the first unit of quantity in the Harmonized
Tariff Schedule of the United States (http://www.usitc.gov/tata/hts)
for the Omani origin textile and/or apparel articles and the like or
directly competitive articles of U.S. origin.
D. Market Share Data. The following data, in quantity by category
unit (see ``Textile Correlation''), on imports from Oman as a
percentage of the domestic market (defined as the sum of domestic
production of the like or directly competitive article and total
imports of the subject article); on total imports as a percentage of
the domestic market; and on domestic production of like or directly
competitive articles as a percentage of the domestic market:
* Annual data for the most recent three full calendar years for
which such data are available;
* Quarterly data for the most recent year for which such data are
partially available, and quarterly data for the same quarter(s) of the
previous year (e.g. January-March 2010, April-June 2010 and January-
March 2009, April-June 2009).
E. Additional data showing serious damage or actual threat thereof.
All data available to the requester showing changes in productivity,
utilization of capacity, inventories, exports, wages, employment,
domestic prices, profits, and investment, and any other information,
relating to the existence of serious damage or actual threat thereof
caused by imports from Oman to the industry producing the like or
directly competitive article that is the subject of the request. To the
extent that such information is not available, the requester should
provide best estimates and the basis therefore:
* Annual data for the most recent three full calendar years for
which such data are available;
* Quarterly data for the most recent year for which such data are
partially available, and quarterly data for the same quarter(s) of the
previous year (e.g. January-March 2010, April-June 2010 and January-
March 2009, April-June 2009).
2. Consideration of Requests. Consistent with section 321(b) of the
Act, if the Committee determines that the request provides the
information necessary for it to be considered, the Committee will cause
to be published in the Federal Register a notice seeking public
comments regarding the request, which will include a summary of the
request and the date by which comments must be received. The Federal
Register notice and the request, with the exception of information
marked ``business confidential,'' will be posted by the Department of
Commerce's Office of Textiles and Apparel (``OTEXA'') on the Internet
(http://otexa.ita.doc.gov). The comment period shall be 30 calendar
days. To the extent business confidential information is provided, a
non-confidential version must also be provided, in which business
confidential information is summarized or, if necessary, deleted. At
the conclusion of its submission of such public comments, an interested
party must attest that ``all information contained in the request is
complete and accurate and no false claims, statements, or
representations have been made.'' Comments received, with the exception
of information marked ``business confidential,'' will be available in
the Department of Commerce's Trade Information Center for review by the
public. If a comment alleges that there is no serious damage or actual
threat thereof, or that the subject imports are not the cause of the
serious damage or actual threat thereof, the Committee will closely
review any supporting information and documentation, such as
information about domestic production or prices of like or directly
competitive articles. In the case of requests submitted by entities
that are not the actual producers of a like or directly competitive
article, particular consideration will be given to comments
representing the views of actual producers in the United States of a
like or directly competitive article.
[[Page 28546]]
Any interested party may submit information to rebut, clarify, or
correct public comments submitted by any other interested party at any
time prior to the deadline provided in this section for submission of
such public comments. If public comments are submitted less than 10
days before, or on, the applicable deadline for submission of such
public comments, an interested party may submit information to rebut,
clarify, or correct the public comments no later than 10 days after the
applicable deadline for submission of public comments.
With respect to any request considered by the Committee, the
Committee will make a determination within 60 calendar days of the
close of the comment period. If the Committee is unable to make a
determination within 60 calendar days, it will cause to be published in
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.
3. Determination and Provision of Relief. The Committee shall
determine whether, as a result of the reduction or elimination of a
duty under the Agreement, an Omani textile or apparel article is being
imported into the United States in such increased quantities, in
absolute terms or relative to the domestic market for that article, and
under such conditions as to cause serious damage, or actual threat
thereof, to a domestic industry producing an article that is like, or
directly competitive with, the imported article. In making a
determination, the Committee: (1) Shall examine the effect of increased
imports on the domestic industry as reflected in such relevant economic
factors as output, productivity, utilization of capacity, inventories,
market share, exports, wages, employment, domestic prices, profits, and
investment, none of which is necessarily decisive; and (2) shall not
consider changes in technology or consumer preference as factors
supporting a determination of serious damage or actual threat thereof.
The Committee, without delay, will provide written notice of its
decision to the Government of Oman and will consult with said party
upon its request.
If a determination under this section is affirmative, the Committee
may provide import tariff relief to a U.S. industry to the extent
necessary to remedy or prevent the serious damage or actual threat
thereof and to facilitate adjustment by the domestic industry to import
competition. Such relief may consist of an increase in duties to the
lower of: (1) The NTR/MFN duty rate in place for the textile or apparel
article at the time the relief is granted; or (2) the NTR/MFN duty rate
for that article on the day before the Agreement enters into force.
The import tariff relief is effective beginning on the date that
the Committee's affirmative determination is published in the Federal
Register. The maximum period of import tariff relief shall be three
years. However, if the initial period for import relief is less than
three years, the Committee may extend the period of import relief to
the maximum three years if the Committee determines that the
continuation is necessary to remedy or prevent serious damage or actual
threat thereof and to facilitate adjustment, and that there is evidence
that the domestic industry is making a positive adjustment to import
competition. Import tariff relief may not be imposed for an aggregate
period greater than three years. Import tariff relief may not be
applied to the same article under these procedures if relief previously
has been granted with respect to that article under: (1) These
provisions; or (2) Chapter 1 of Title II of the Trade Act of 1974.
Authority to provide import tariff relief for a textile or apparel
article from Oman that is being imported into the United States in such
increased quantities, in absolute terms or relative to the domestic
market for that article, and under such conditions as to cause serious
damage or actual threat thereof to a U.S. industry producing a like or
directly competitive article, will expire ten years after duties on the
article are eliminated pursuant to this Agreement.
4. Self Initiation. The Committee may, on its own initiative,
consider whether imports of a textile or apparel article from Oman are
being imported into the United States in such increased quantities, in
absolute terms or relative to the domestic market for that article, and
under such conditions as to cause serious damage or actual threat
thereof to a U.S. industry producing a like or directly competitive
article. In such considerations, the Committee will follow procedures
consistent with those set forth in section 2 of this notice, including
causing to be published in the Federal Register a notice seeking public
comment regarding the action it is considering.
5. Record Keeping and Business Confidential Information. OTEXA will
maintain an official record for each request on behalf of the
Committee. The official record will include all factual information,
written argument, or other material developed by, presented to, or
obtained by OTEXA regarding the request, as well as other material
provided to the Department of Commerce by other government agencies for
inclusion in the official record. The official record will include
Committee memoranda pertaining to the request, memoranda of Committee
meetings, meetings between OTEXA staff and the public, determinations,
and notices published in the Federal Register. The official record will
contain material which is public, business confidential, privileged,
and classified, but will not include pre-decisional inter-agency or
intra-agency communications. If the Committee decides it is appropriate
to consider materials submitted in an untimely manner, such materials
will be maintained in the official record. Otherwise, such material
will be returned to the submitter and will not be maintained as part of
the official record. OTEXA will make the official record public except
for business confidential information, privileged information,
classified information, and other information the disclosure of which
is prohibited by U.S. law. The public record will be available to the
public for inspection and copying in a public reading room located in
the Department of Commerce, Trade Information Center.
Information designated by the submitter as business confidential
will normally be considered to be business confidential unless it is
publicly available. The Committee will protect from disclosure any
business confidential information that is marked ``business
confidential'' 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. The
Committee will make available to the public non-confidential versions
of the request that is being considered, non-confidential versions of
any public comments received with respect to a request, and, in the
event consultations are requested, the statement of the reasons and
justifications for the determination subsequent to the delivery of the
statement to Oman.
Paperwork Reduction Act: The notice contains a collection of
information subject to the requirements of the Paperwork Reduction Act
(``PRA''). The Office of Management and Budget (``OMB'') has approved
the collection of information related to procedures for considering
requests from the public for textile and apparel safeguard actions on
[[Page 28547]]
imports from Oman under control number 0625-0266. Notwithstanding any
other provision of law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the PRA unless
the collection of information displays a currently valid OMB control
number.
Kim Glas,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 2010-12285 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-DS-P