[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46493-46494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4328]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Notice Regarding Pending Requests for Textile and Apparel 
Safeguard Action on Imports from China

August 5, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the 
Committee)

ACTION: Notice

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SUMMARY: The Committee is notifying the public that there is no need 
for further action on certain pending requests for Textile and Apparel 
Safeguard Action based upon allegations of actual (i.e., existing) 
market disruption at this time regarding imports of men's and boys' 
cotton and man-made fiber shirts, not knit (Category 340/640), man-made 
fiber knit shirts and blouses (Category 638/639), and man-made fiber 
trousers (Category 647/648).

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 October 13, 2004, the Committee received requests from the 
American Manufacturing Trade Action Coalition, the National Council of 
Textile Organizations, the National Textile Association, SEAMS and 
UNITE HERE requesting that the Committee impose textile safeguard 
actions on imports from China of men's and boys' cotton and man-made 
fiber shirts, not knit (Category 340/640), man-made fiber knit shirts 
and blouses (Category 638/639), and man-made fiber trousers, slacks and 
shorts (Category 647/648), based on a threat of market disruption.
    The Committee determined these requests provided the information 
necessary for the Committee to consider these requests 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, 69 FR 64913 (Category 340/640), 64911 (Category 638/639) & 
64915 (Category 647/48) (Nov. 9, 2004).
    On December 30, 2004, the United States Court of International 
Trade preliminarily enjoined the members of the Committee 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, 
350 F. Supp. 2d 1342 (CIT 2004). On April 27, 2005 the United States 
Court of Appeals for the Federal Circuit granted the U.S. government's 
motion for a stay of that injunction and ultimately reversed the 
preliminary 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, the Committee resumed consideration of 
these cases.
    The public comment period for these three requests had closed prior 
to December 30, 2004. The Committee did not solicit additional comments 
for these requests when it published a notice in the Federal Register 
inviting public comments for other requests with comment periods 
interrupted by the litigation. 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 requests 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 men's and 
boys' cotton and man-made fiber shirts, not knit (Category 340/640), 
man-made fiber knit shirts and blouses (Category 638/639), and man-made 
fiber trousers, slacks and shorts (Category 647/648) due to the 
existence of market disruption (``market disruption cases''). The 
Committee determined these requests provided the information necessary 
for the Committee to consider the requests and solicited public

[[Page 46494]]

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 23100 (Category 340/640), 23130 (Category 638/639) & 23136 
(Category 647/48) (May 4, 2005).
    On May 18, 2005, the Committee announced its determination that 
imports of Chinese origin men's and boys' cotton and man-made fiber 
shirts, not knit, man-made fiber knit shirts and blouses, and man-made 
fiber trousers, slacks and shorts are, due to a threat of market 
disruption, threatening to impede the orderly development of trade in 
these products. See Announcement of Request for Bilateral Textile 
Consultations with the Government of the People's Republic of China and 
the Establishment of Import Limits for Certain Cotton and Man-Made 
Fiber Textiles and Textile Products in Categories 301, 340/640, 638/
639, and 647/648, Produced or Manufactured in the People's Republic of 
China, 70 FR 30930 (May 31, 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 with a view to easing or avoiding 
market disruption. This 60-day period for the three market disruption 
cases expired on August 2, 2005. Based on the threat of market 
disruption, however, the Committee has already requested consultations 
with China with respect to the categories of products covered by these 
three cases. See Announcement of Request for Bilateral Textile 
Consultations with the Government of the People's Republic of China and 
the Establishment of Import Limits for Certain Cotton and Man-Made 
Fiber Textiles and Textile Products in Categories 301, 340/640, 638/
639, and 647/648, Produced or Manufactured in the People's Republic of 
China, 70 FR 30930 (May 31, 2005). Thus, there is no need for any 
further action based on allegations of actual market disruption at this 
time as to these categories.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. E5-4328 Filed 8-9-05; 8:45 am]
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