Announcement of Extension of Period of Determination on Request for Textile and Apparel Safeguard Action on Imports from China, 45705-45706 [E5-4266]
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Notices
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Extension of Period of Determination
on Request for Textile and Apparel
Safeguard Action on Imports from
China
August 2, 2005.
The Committee for the
Implementation of Textile Agreements
(the Committee)
ACTION: Notice
AGENCY:
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 knit fabric
(Category 222).
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 19, 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 knit fabric
(Category 222) due to the threat of
market disruption.
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 75516 (Dec. 17, 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 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.
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20:13 Aug 05, 2005
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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 20 days. On May 9, 2005,
therefore, the Committee published a
notice in the Federal Register reopening the comment period and
inviting public comments to be received
not later than May 31, 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).
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
this case expired on August 1, 2005.
However, the Committee has decided to
extend until August 31, 2005, the period
for making a determination on this case
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. E5–4265 Filed 8–5–05; 8:45 am]
BILLING CODE 3510–DS–S
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.
The Committee for the
Implementation of Textile Agreements
(the Committee)
ACTION: Notice
AGENCY:
SUMMARY: The Committee is extending
through August 31, 2005, the period for
making a determination on whether to
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Fmt 4703
Sfmt 4703
45705
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 reopening 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
E:\FR\FM\08AUN1.SGM
08AUN1
45706
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Notices
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]
BILLING CODE 3510–DS–S
VerDate jul<14>2003
20:13 Aug 05, 2005
Jkt 205001
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Denial of Commercial Availability
Request under United StatesCaribbean Basin Trade Partnership Act
(CBTPA)
August 2, 2005.
The Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Denial of the request alleging
that certain 100 percent cotton, yarn
dyed, seersucker fabrics cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner under the CBTPA.
AGENCY:
SUMMARY: On June 1, 2005, the
Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A.,
on behalf of their client, B*W*A of New
York City, alleging that certain 100
percent cotton, yarn dyed, plain weave
double warp beam seersucker fabrics, of
detailed specifications, classified in
subheadings 5208.42.30, 5208.42.40,
5208.42.50, and 5209.41.60 of the
Harmonized Tariff Schedule of the
United States (HTSUS), cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner. The petition requests that
woven shirts, blouses, and sleepwear of
such fabrics be eligible for preferential
treatment under the CBTPA. CITA has
determined that the subject fabrics can
be supplied by the domestic industry in
commercial quantities and in a timely
manner and, therefore, denies the
request.
FOR FURTHER INFORMATION CONTACT:
Janet E. Heinzen, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 211(a) of the CBTPA
amending Section 213(b)(2)(A)(v)(II) of the
Caribbean Basin Economic Recovery Act
(CBERA); Section 6 of Executive Order No.
13191 of January 17, 2001; Presidential
Proclamation7351 of October 2, 2000.
Background
The CBTPA provides for quota- and
duty-free treatment for qualifying textile
and apparel products. Such treatment is
generally limited to products
manufactured from yarns and fabrics
formed in the United States or a
beneficiary country. The CBTPA also
provides for quota- and duty-free
treatment for apparel articles that are
both cut (or knit-to-shape) and sewn or
otherwise assembled in one or more
beneficiary countries from fabric or yarn
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Sfmt 4703
that is not formed in the United States,
if it has been determined that such
fabric or yarn cannot be supplied by the
domestic industry in commercial
quantities in a timely manner. In
Executive Order No. 13191 (66 FR
7271), CITA has been delegated the
authority to determine whether yarns or
fabrics cannot be supplied by the
domestic industry in commercial
quantities in a timely manner under the
CBTPA. On March 6, 2001, CITA
published procedures that it will follow
in considering requests (66 FR 13502).
On June 1, 2005, the Chairman of
CITA received a petition from Sandler,
Travis & Rosenberg, P.A., on behalf of
their client, B*W*A of New York City,
alleging that certain 100 percent cotton,
yarn dyed, plain weave double warp
beam seersucker fabrics, of detailed
specifications, classified in HTSUS
subheadings 5208.42.30, 5208.42.40,
5208.42.50, and 5209.41.60, cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner. The petition requests that
woven shirts, blouses, and sleepwear of
such fabrics be eligible for preferential
treatment under the CBTPA.
On June 8, 2005, CITA published a
notice in the Federal Register requesting
public comments on the petition
particularly with respect to whether this
fabric can be supplied by the domestic
industry in commercial quantities in a
timely manner. See Request for Public
Comments on Commercial Availability
Petition under the United States Caribbean Basin Trade Partnership Act
(CBTPA), 70 FR 33450 (June 8, 2005).
On June 24, 2005, CITA and USTR
offered to hold consultations with the
House Ways and Means Committee and
the Senate Finance Committee, but no
consultations were requested. We also
requested advice from the U.S.
International Trade Commission and the
relevant Industry Trade Advisory
Committees.
Based on the information and advice
received by CITA, public comments,
and the report from the International
Trade Commission, CITA found that
there is domestic production, capacity,
and ability to supply the subject fabrics
in commercial quantities in a timely
manner.
On the basis of currently available
information and our review of this
request, CITA has determined that the
domestic industry can supply the
subject fabrics in commercial quantities
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45705-45706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4266]
-----------------------------------------------------------------------
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
-----------------------------------------------------------------------
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]
BILLING CODE 3510-DS-S