[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42648-42649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20283]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; Procedures for 
Considering Requests and Comments From the Public for Textile and 
Apparel Safeguard Actions on Imports From Oman

AGENCY: International Trade Administration (ITA).

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before October 23, 
2009.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Maria D'Andrea, Office of Textiles and Apparel, U.S. 
Department of Commerce, Tel. (202) 482-4058, [email protected], Fax. (202) 482-0667.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    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''). This 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 entered into force.
    The Statement of Administrative Action accompanying the Act 
provides that ITA's Committee for the Implementation of Textile 
Agreements (CITA) will issue procedures for requesting such safeguard 
measures, for making its determinations under section 322(a) of the 
Act, and for providing relief under section 322(b) of the Act.
    In Proclamation No. 8332 (73 FR 80289, December 31, 2008), the 
President delegated to CITA his authority under Subtitle B of Title III 
of the Act with respect to textile and apparel safeguard measures.
    CITA must collect information in order to determine whether a 
domestic textile or apparel industry is being adversely impacted by 
imports of these products from Oman, thereby allowing CITA to take 
corrective action to protect the viability of the domestic textile 
industry, subject to section 322(b) of the Act.
    Pursuant to Section 321(a) of the Act and Section 7 of Presidential 
Proclamation 8332 of December 29, 2008, an interested party in the U.S. 
domestic textile and apparel industry may file a request for a textile 
and apparel safeguard action with CITA. Consistent with longstanding 
CITA practice in considering textile safeguard actions, CITA will 
consider an interested party to be 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.
    In order for a request to be considered, the requestor must provide 
the following information 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: (1) Name and description of the imported article concerned; 
(2) import data demonstrating that imports of an Omani

[[Page 42649]]

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; (3) 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, along with 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; (4) imports from Oman as a 
percentage of the domestic market of the like or directly competitive 
article; and (5) 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 therefor.
    If CITA determines that the request provides the information 
necessary for it to be considered, CITA will publish a notice in the 
Federal Register seeking public comments regarding the request. The 
comment period shall be 30 calendar days. The notice will include a 
summary of the request. Any interested party may submit information to 
rebut, clarify, or correct public comments submitted by any interested 
party.
    CITA will make a determination on any request it considers within 
60 calendar days of the close of the comment period. If CITA is unable 
to make a determination within 60 calendar days, it will publish a 
notice in the Federal Register, including the date it will make a 
determination.
    If a determination under section 322(b) of the Act is affirmative, 
CITA may provide tariff relief to a U.S. industry to the extent 
necessary to remedy or prevent serious damage or actual threat thereof 
and to facilitate adjustment by the domestic industry to import 
competition. The import tariff relief is effective beginning on the 
date that CITA's affirmative determination is published in the Federal 
Register.
    Entities submitting requests, responses or rebuttals to CITA may 
submit both a public and confidential version of their submissions. If 
the request is accepted, the public version will be posted on the 
dedicated Oman Free Trade Agreement textile safeguards section of the 
Office of Textile and Apparel (OTEXA) Web site. The confidential 
version of the request, responses or rebuttals will not be shared with 
the public as it may contain business confidential information. 
Entities submitting responses or rebuttals may use the public version 
of the request as a basis for responses.

II. Method of Collection

    When an interested party files a request for a textile and apparel 
safeguard action with CITA, ten copies of any such request must be 
provided in a paper format. If business confidential information is 
provided, two copies of a non-confidential version must also be 
provided. If CITA determines that the request provides the necessary 
information to be considered, it publishes a Federal Register notice 
seeking public comments on the request.
    To the extent business confidential information is provided, a non-
confidential version must also be provided. Any interested party may 
submit information to rebut, clarify, or correct public comments 
submitted by any interested party.

III. Data

    OMB Control Number: None.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: Individuals or households; business or other for-
profit organizations.
    Estimated Number of Respondents: 6 (1 for Request; 5 for Comments).
    Estimated Time per Response: 4 hours for a Request; and 4 hours for 
each Comment.
    Estimated Total Annual Burden Hours: 24.
    Estimated Total Annual Cost to Public: $960.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: August 19, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E9-20283 Filed 8-21-09; 8:45 am]
BILLING CODE 3510-DS-P