[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68035-68036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30384]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; Interim 
Procedures for Considering Requests Under the Commercial Availability 
Provision of the United States-Peru Trade Promotion Agreement (U.S.-
PERU TPA)

AGENCY: International Trade Administration, Commerce.

ACTION: Notice.

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SUMMARY: On behalf of the Committee for the Implementation of Textile 
Agreements (CITA), 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 February 22, 
2010.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625, 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 Laurie Mease, Office of Textiles and Apparel, Telephone: 
202-482-3400, Fax: 202-482-0858, E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States and Peru negotiated the U.S.-Peru Trade Promotion 
Agreement (the ``Agreement''), which entered into force on February 1, 
2009. Subject to the rules of origin in Annex 4.1 of the Agreement, 
pursuant to the textile provisions of the Agreement, fabric, yarn, and 
fiber produced in Peru or the United States and traded between the two 
countries are entitled to duty-free tariff treatment. Annex 3-B of the 
Agreement also lists specific fabrics, yarns, and fibers that the two 
countries agreed are not available in commercial quantities in a timely 
manner from producers in Peru or the United States. The fabrics listed 
are commercially unavailable fabrics, yarns, and fibers, which are also 
entitled to duty-free treatment despite not being produced in Peru or 
the United States.
    The list of commercially unavailable fabrics, yarns, and fibers may 
be changed pursuant to the commercial availability provision in Chapter 
3, Article 3.3, Paragraphs 5-7 of the Agreement. Under this provision, 
interested entities from Peru or the United States have the right to 
request that a specific fabric, yarn, or fiber be added to, or removed 
from, the list of commercially unavailable fabrics, yarns, and fibers 
in Annex 3-B.
    Chapter 3, Article 3.3, paragraph 7 of the Agreement requires that 
the President ``promptly publish'' procedures for parties to exercise 
the right to make these requests. The President delegated the 
responsibility for publishing the procedures and administering 
commercial availability requests to the Committee for the 
Implementation of Textile Agreements (``CITA''), which issues 
procedures and acts on requests through the U.S. Department of 
Commerce, Office of Textiles and Apparel (``OTEXA'') (See Proclamation 
No. 8341, 74 FR 4105, Jan. 22, 2009). Interim procedures to implement 
these responsibilities were published in the Federal Register on August 
14, 2009. See Interim Procedures for Considering Requests Under the 
Commercial Availability Provision of the United States-Peru Trade 
Promotion Agreement Implementation Act and Estimate of Burden for 
Collection of Information, 74 FR 41111 (Aug. 11, 2009).
    The intent of the U.S.-Peru TPA Commercial Availability Procedures 
is to foster the use of U.S. and regional products by implementing 
procedures that allow products to be placed on or removed from a 
product list, on a timely basis, and in a manner that is consistent 
with normal business practice. The procedures are intended to 
facilitate the transmission of requests; allow the market to indicate 
the availability of the supply of products that are the subject of 
requests; make available promptly, to interested entities and the 
public, information regarding the requests for products and offers 
received for those products; ensure wide participation by interested 
entities and parties; allow for careful review and consideration of 
information provided to substantiate requests and responses; and 
provide timely public dissemination of information used by CITA in 
making commercial availability determinations.
    CITA must collect certain information about fabric, yarn, or fiber 
technical specifications and the production capabilities of Peruvian 
and U.S. textile producers to determine whether certain fabrics, yarns, 
or fibers are available in commercial quantities in a timely manner in 
the United States or Peru, subject to Section 203(o) of the U.S.-PERU 
TPA.

II. Method of Collection

    Participants in a commercial availability proceeding must submit 
public versions of their Requests, Responses or Rebuttals 
electronically (via e-mail) for posting on OTEXA's Web site. 
Confidential versions of those submissions which contain business 
confidential information must be delivered in hard copy to the Office 
of Textiles and Apparel (OTEXA) at the U.S. Department of Commerce.

III. Data

    OMB Control Number: 0625-0265.
    Form Number(s): N/A.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 16.
    Estimated Time per Response: 8 hours per Request; 2 hours per 
Response; and 1 hour per Rebuttal.
    Estimated Total Annual Burden Hours: 89.
    Estimated Total Annual Cost to Public: $5,340.

[[Page 68036]]

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: December 17, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E9-30384 Filed 12-21-09; 8:45 am]
BILLING CODE 3510-DS-P