[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53639-53640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4945]


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

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

September 2, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements (the 
Committee).

ACTION: Notice.

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

SUMMARY: The Committee is extending through October 1, 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, SEAMS 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 
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 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).

[[Page 53640]]

    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 is unable to make a 
determination within the extended period because it is continuing to 
evaluate conditions in the market for cotton and man-made fiber 
dressing gowns and robes. Therefore, the Committee is further extending 
the determination period to October 1, 2005.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E5-4945 Filed 9-8-05; 8:45 am]
BILLING CODE 3510-DS-S