[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45705-45706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4266]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

August 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 August 31, 2005, the period 
for making a determination on whether to request consultations with 
China regarding imports of other synthetic filament fabric (Category 
620).

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 8, 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 other 
synthetic filament fabric (Category 620) due to the threat of market 
disruption (``threat case'').
    The Committee determined 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 70661 (Dec. 7, 2004).
    On December 30, 2004, the Court of International Trade 
preliminarily enjoined the CITA agencies 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 Court of Appeals for the Federal Circuit granted 
the U.S. government's motion for a stay and reversed that 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, 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 8 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 17, 2005. See Rescheduling of Consideration of Request for 
Textile and Apparel Safeguard Action on Imports from

[[Page 45706]]

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 other 
synthetic filament fabric (Category 620) 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 23124 (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 threat case expired on July 
18, 2005 and the determination period for the market disruption case 
expired on August 2. However, the Committee was unable to make a 
determination on the threat case by July 18, 2005 and extended the 
determination period to July 31, 2005. See Extension of Period of 
Determination on Request for Textile and Apparel Safeguard Action on 
Imports from China, 70 FR 42040 (July 21, 2005). The Committee has 
decided to extend until August 31, 2005, the period for making a 
determination 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 is unable to make a determination within 60 days of the 
close of the public comment period.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-4266 Filed 8-5-05; 8:45 am]
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