[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Notices]
[Pages 24397-24399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9320]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 3510-DS-S