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 Brassieres and Other Body Supporting Garments (Category 349/649) and Other Synthetic Filament Fabric (Category 620), Produced or Manufactured in the People's Republic of China, 52994-52996 [05-17692]

Download as PDF 52994 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices small numbers relative to the size of the affected species or stocks. Possible Effects of Activities on Marine Mammal Habitat NMFS anticipates that the action will result in minor and short-term effects on marine mammal habitat, including a temporary increase in the turbidity in the area of the dredging and a temporary decrease in the quality of K dock as a haul-out site as a result of increased visual and audio stimuli. Possible Effects of Activities on Subsistence Needs There are no subsistence uses for California sea lions or Pacific harbor seals in California waters, and thus, there are no anticipated effects on their availability for subsistence uses. Endangered Species Act (ESA) Though a single Steller sea lion has infrequently been sighted at the K Dock, BMMI plans to cease dredging operations immediately if one is seen, and not begin dredging again until the animal has left the area of its own volition. NMFS does not anticipate any impacts to Steller sea lions to result from the issuance of the IHA. In the 1998 programmatic Biological Opinion addressing dredging in San Francisco Bay, NMFS established a June 1 to November 30 work window for dredging activities in the San Francisco Bay to avoid impacts to steelhead trout and Chinook salmon. BMMI proposes to dredge between June 1 and November 30, and therefore NMFS does not anticipate any impacts to ESA-listed fish. National Environmental Policy Act (NEPA) NMFS has conducted a preliminary NEPA analysis and produced a draft Environmental Assessment (EA) on the Issuance of an IHA for the Incidental Take, by Harassment, of Marine Mammals During the Dredging of Pier 39, San Francisco, California. Concurrently with the publication of this document, the EA has been posted on the NMFS website at: http:// www.nmfs.noaa.gov/protlres/PR2/ SmalllTake/ smalltakelinfo.htm#applications. Public comments are solicited regarding both the EA and this notice. NMFS will issue a record of decision under NEPA prior to the issuance or denial of this IHA. Preliminary Conclusions NMFS has preliminarily determined that the dredging activities described in this document and in the application for VerDate Aug<18>2005 13:21 Sep 02, 2005 Jkt 205001 an IHA may result in short-term and localized changes in behavior by small numbers of California sea lions and Pacific harbor seals. While behavioral modifications may be made by the seals, including temporarily vacating the K Dock haulout, this action is expected to have a negligible impact on the animals. In addition, no take by injury or death is anticipated, and take by harassment will be at the lowest level practicable due to incorporation of the mitigation measures mentioned previously in this document. NMFS has preliminarily determined that the proposed activity would result in the harassment of small numbers of California sea lions and Pacific harbor seals, and that the takings will have no more than a negligible impact on these marine mammal stocks. Accordingly, NMFS proposes to issue an IHA to BMMI for the potential harassment of small numbers of California sea lions and Pacific harbor seals incidental to dredging around Pier 39, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Information Solicited NMFS requests interested persons to submit comments, information, and suggestions concerning this request (see ADDRESSES). Dated: August 30, 2005. Donna Wieting, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–17639 Filed 9–2–05; 8:45 am] BILLING CODE 3510–22–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS 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 Brassieres and Other Body Supporting Garments (Category 349/649) and Other Synthetic Filament Fabric (Category 620), Produced or Manufactured in the People’s Republic of China September 1, 2005. Committee for the Implementation of Textile Agreements (Committee). ACTION: Notice AGENCY: EFFECTIVE DATE: August 31, 2005. Ross Arnold, International Trade Specialist, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Office of Textiles and Apparel, U.S. Department of Commerce, (202) 4824212. For information on the quota status of these limits, refer to the Bureau of Customs and Border Protection website (http://www.cbp.gov), or call (202) 344-2650. For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at http://otexa.ita.doc.gov. SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended. On August 31, 2005, as provided for under paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (Accession Agreement), the United States requested consultations with the Government of the People’s Republic of China with respect to imports of Chinese-origin cotton and man-made fiber brassieres and other body supporting garments (Category 349/649) and other synthetic filament fabric (Category 620). Paragraph 242 of the Accession Agreements provides that, upon receipt of the request, the People’s Republic of China will hold its shipments to a level no greater than 7.5 percent above the amount entered during the first 12 months of the most recent 14 months preceding the month in which the request for consultations was made. Because this restraint period will be for less than 12 months, the quantitative limit will be prorated to conform to the number of days remaining in the year, beginning on August 31, 2005 (i.e., by a ratio of 123/365). Consistent with paragraph 242, consultations with the People’s Republic of China will be held within 30 days of receipt of the request for consultations, and every effort will be made to reach agreement on a mutually satisfactory solution within 90 days of receipt of the request for consultations. If no mutually satisfactory solution were reached during this 90-day consultation period, the United States could continue these limits. To ensure that the limitations provided for under Paragraph 242 are carried out, the Committee is establishing prorated limits on Chineseorigin textile and apparel products in Categories 349/649 and 620, beginning on August 31, 2005, and extending through December 31, 2005. If agreement on a different limit is reached as a result of the consultations with China, the Committee will issue a Federal Register Notice containing a directive to the Bureau of Customs and E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices Border Protection to implement the negotiated limit. The Committee solicited public comments with regard to whether imports of Chinese-origin textiles and textile products in Categories 349/649 and 620 were, due to the threat of market disruption, threatening to impede the orderly development of trade in these products. Solicitation of Public Comments on Request for Textile and Apparel Safeguard Action on Imports from China, (69 FR 70661 (Dec. 7, 2004) (Category 620) & 69 FR 77998 (Dec. 29, 2004) (Category 349/649). The Committee solicited public comments with regard to whether imports of Chinese-origin textiles and textile products in Categories 349/649 and 620 were, due to actual market disruption, threatening to impede the orderly development of trade in these products. Solicitation of Public Comments on Request for Textile and Apparel Safeguard Action on Imports from China, 70 FR 23113 (May 4, 2005) (Category 349/649) & 70 FR 23124 (May 4, 2005) (Category 620). 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 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 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, 413 F.3d 1344 (Fed. Cir. June 28, 2005). Thus, the Committee resumed consideration of these cases. (See 70 FR 24397, published on May 9, 2005). The Committee determined that imports of Chinese-origin textiles and textile products in Categories 349/649 and 620, are, due to the existence of market disruption and the threat of market disruption, threatening to impede the orderly development of trade in these textile products. A summary statement of the reasons and justifications for the U.S. request for consultations concerning imports of Chinese-origin textiles and textile products in Categories 349/649 and 620 from the People’s Republic of China follows this notice. A description of the textile and apparel categories in terms of Harmonized Tariff Schedule of the United States numbers is available in the CORRELATION: Textile and VerDate Aug<18>2005 13:21 Sep 02, 2005 Jkt 205001 Apparel Categories with the Harmonized Tariff Schedule of the United States (refer to the Office of Textiles and Apparel website at http:// otexa.ita.doc.gov). D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements September 1, 2005. Commissioner, Bureau of Customs and Border Protection, Washington, DC 20229. Dear Commissioner: Pursuant to Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); and Executive Order 11651 of March 3, 1972, as amended, you are directed to prohibit, effective on August 31, 2005, entry into the United States for consumption and withdrawal from warehouse for consumption of Chinese-origin cotton and man-made fiber brassieres and other body supporting garments (Category 349/649) and other synthetic filament fabric (Category 620), produced or manufactured in the People’s Republic of China and exported during the period beginning on August 31, 2005, and extending through December 31, 2005, in excess of the following limits. Category Quantity 349/649 .................... 620 ........................... 7,275,216 dozen. 12,328,306 square meters. Products which have been exported to the United States prior to August 31, 2005, shall not be subject to the limit established in this directive. In carrying out the above directions, the Commissioner should construe entry into the United States for consumption to include entry for consumption into the Commonwealth of Puerto Rico. The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs exception of the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. SUMMARY OF REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION Cotton and Man-made Fiber Brassieres and Other Body Supporting Garments Category 349/649 The United States believes that imports of Chinese-origin cotton and man-made fiber brassieres and other body supporting garments are, due to the existence of market disruption, threatening to impede the orderly PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 52995 development of trade in these products. Further, the United States believes that imports of Chinese-origin cotton and manmade fiber brassieres and other body supporting garments are, due to the threat of market disruption, threatening to impede the orderly development of trade in these products. Either finding supports a request for consultations with the Government of the People’s Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (‘‘Paragraph 242’’). The following facts, and others contained in this Statement, support these beliefs: U.S. Imports from China Are Increasing Rapidly in Absolute Terms. U.S. imports of cotton and man-made fiber brassieres and other body supporting garments from China were 17,734,954 dozens for the entire twelve months of 2004. In the first half of 2005, U.S. imports from China increased to 11,139,910, an increase of 35 percent from the first half of 2004. U.S. Imports from the World Are Increasing Rapidly in Absolute Terms. U.S. imports of cotton and man-made fiber brassieres and other body supporting garments from all sources, excluding cotton and man-made fiber brassieres and other body supporting garments containing U.S. components that were imported under outward processing programs, increased from 19,381 thousand dozens in the first half of 2004 to 21,043 thousand dozens in the first half of 2005 - an increase of 9 percent. The absolute increase in imports from China in the first half of 2005 (2,908 thousand dozens) is greater than the absolute increase in U.S. imports of this category from the world as a whole (1,663 thousand dozens). The Average Unit Value of Imports from China is Significantly Lower Than Rest of World in 2005. In the first half of 2005, the average unit value of U.S. cotton and man-made fiber brassieres and other body supporting garment imports from China was US$31.17 per dozen, compared to US$50.25 per dozen for ‘‘rest of world’’ imports. The U.S. Brassieres and Other Body Supporting Garments Industry is Vulnerable to Increasing Imports. U.S. production fell by 2 percent between the first quarter of 2004 and the first quarter of 2005, while the share of the market held by U.S. producers fell by 3 percentage points during this period. E:\FR\FM\06SEN1.SGM 06SEN1 52996 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices SUMMARY OF REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION Other Synthetic Filament Fabric Category 620 The United States believes that imports of Chinese-origin other synthetic filament fabric are, due to the existence of market disruption, threatening to impede the orderly development of trade in these products. Further, the United States believes that imports of Chinese-origin other synthetic filament fabric are, due to the threat of market disruption, threatening to impede the orderly development of trade in these products. Either finding supports a request for consultations with the Government of the People’s Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (‘‘Paragraph 242’’). The following facts, and others contained in this Statement, support these beliefs: U.S. Imports from China Are Increasing Rapidly in Absolute Terms. U.S. imports of other synthetic filament fabric from China were 5,895,247 square meters for the entire twelve months of 2004. In the period January-June 2005, U.S. imports from China increased to 39,973,330 square meters, an increase of 1,185 percent from the January-June 2004 level. U.S. Imports from the World Are Increasing Rapidly in Absolute Terms. U.S. imports of other synthetic filament fabric from all sources increased from 135,921 thousand square meters in January-June 2004 to 256,020 thousand square meters in January-June 2005 - an increase of 88 percent. Over thirty percent of this increase was attributable to imports from China. The Average Unit Value of Imports from China Is Falling in 2005. In 2004, the average unit value of U.S. other synthetic filament fabric imports from China was US$2.36 per square meter. In the period January-June 2005, the average unit value of those imports fell to US$0.70 per square meter compared to US$0.77 per square meter for ‘‘rest of world’’ imports. The U.S. Other Synthetic Filament Fabric Industry is Vulnerable to Increasing Imports. U.S. production fell by 13 percent between the first quarter of 2004 and the first quarter of 2005, while the share of the market held by U.S. producers fell by 15 percentage points during this period. [FR Doc. 05–17692 Filed 9–1–05; 12:04 pm] BILLING CODE 3510–DS–S VerDate Aug<18>2005 13:21 Sep 02, 2005 Jkt 205001 COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review Commodity Futures Trading Commission. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICF describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instrument [if any]. DATES: Comments must be submitted on or before October 6, 2005. FOR FURTHER INFORMATION CONTACT: Gail B. Scott, Office of General Council, U.S. Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581, (202) 418–5139; FAX: (202) 418–5524; e-mail: gscott@cftc.gov. and refer to OMB Control No. 3038–0033. SUPPLEMENTARY INFORMATION: This is a request for extension of a currently approved information collection. Abstract: Title: Notification of Pending Legal Proceedings Pursuant to 17 CFR 1.60, OMB Control No. 3038– 0033—Extension. The rule is designed to assist the Commission in monitoring legal proceedings involving the responsibilities imposed on contract markets and their officials and futures commission merchants and their principals by the Commodity Exchange Act, or otherwise. These rules are promulgated pursuant to the Commission’s rulemaking authority contained in sections 4a(a), 4i, and 8a(5) of the Act, 7 U.S.C. 6a(1), 6i, and 12a(5). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the CFTC’s regulations were published on December 30, 1981. See 48 FR 63035 (Dec. 30, 1981). The Federal Register notice with a 60-day comment period soliciting comments on this collection of information was published on June 21, 2005 (70 FR 35641). Burden statement: The respondent burden for this collection is estimated to average .10 hours per response. Respondents/Affected Entities: 235. Estimated number of responses: 1. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Estimated total annual burden on respondents: .10 hours. Frequency of collection: On occasion. Send comments regarding the burden estimated or any other aspect of the information collection, including suggestions for reducing the burden, to the addresses listed below. Please refer to OMB Control No. 3038–0033 in any correspondence. Gail B. Scott, Office of General Counsel, U.S. Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581 and Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for CFTC, 725 17th Street, Washington, DC 20503. Dated: August 30, 2005. Jean A. Webb, Secretary of the Commission. [FR Doc. 05–17603 Filed 9–2–05; 8:45 am] BILLING CODE 6351–01–M COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review Commodity Futures Trading Commission ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instruments [if any]. DATES: Comments must be submitted on or before October 6, 2005. FOR FURTHER INFORMATION OR A COPY CONTACT: Lawrence B. Patent, Division of Clearing and Intermediary Oversight, U.S. Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581, (202) 418–5439; FAX: (202) 418–5536; e-mail: lpatent@cftc.gov and refer to OMB Control No. 3038–0007. SUPPLEMENTARY INFORMATION: Title: Rules Relating to Regulation of Domestic Exchange-Traded Options (OMB Control No. 3038–0007). This is a request for extension of a currently approved information collection. Abstract: Rules Relating to Regulation of Domestic Exchange-Trade Options, OMB Control No. 3038–0007— Extension. The rules require futures commission merchants and introducing brokers (1) E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Notices]
[Pages 52994-52996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17692]


=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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 Brassieres and 
Other Body Supporting Garments (Category 349/649) and Other Synthetic 
Filament Fabric (Category 620), Produced or Manufactured in the 
People's Republic of China

September 1, 2005.
AGENCY: Committee for the Implementation of Textile Agreements 
(Committee).

ACTION: Notice

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

EFFECTIVE DATE: August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-4212. For information on the quota status of these 
limits, refer to the Bureau of Customs and Border Protection website 
(http://www.cbp.gov), or call (202) 344-2650. For information on 
embargoes and quota re-openings, refer to the Office of Textiles and 
Apparel website at http://otexa.ita.doc.gov.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as 
amended.
    On August 31, 2005, as provided for under paragraph 242 of the 
Report of the Working Party on the Accession of China to the World 
Trade Organization (Accession Agreement), the United States requested 
consultations with the Government of the People's Republic of China 
with respect to imports of Chinese-origin cotton and man-made fiber 
brassieres and other body supporting garments (Category 349/649) and 
other synthetic filament fabric (Category 620).
    Paragraph 242 of the Accession Agreements provides that, upon 
receipt of the request, the People's Republic of China will hold its 
shipments to a level no greater than 7.5 percent above the amount 
entered during the first 12 months of the most recent 14 months 
preceding the month in which the request for consultations was made. 
Because this restraint period will be for less than 12 months, the 
quantitative limit will be prorated to conform to the number of days 
remaining in the year, beginning on August 31, 2005 (i.e., by a ratio 
of 123/365). Consistent with paragraph 242, consultations with the 
People's Republic of China will be held within 30 days of receipt of 
the request for consultations, and every effort will be made to reach 
agreement on a mutually satisfactory solution within 90 days of receipt 
of the request for consultations. If no mutually satisfactory solution 
were reached during this 90-day consultation period, the United States 
could continue these limits.
    To ensure that the limitations provided for under Paragraph 242 are 
carried out, the Committee is establishing prorated limits on Chinese-
origin textile and apparel products in Categories 349/649 and 620, 
beginning on August 31, 2005, and extending through December 31, 2005. 
If agreement on a different limit is reached as a result of the 
consultations with China, the Committee will issue a Federal Register 
Notice containing a directive to the Bureau of Customs and

[[Page 52995]]

Border Protection to implement the negotiated limit.
    The Committee solicited public comments with regard to whether 
imports of Chinese-origin textiles and textile products in Categories 
349/649 and 620 were, due to the threat of market disruption, 
threatening to impede the orderly development of trade in these 
products. Solicitation of Public Comments on Request for Textile and 
Apparel Safeguard Action on Imports from China, (69 FR 70661 (Dec. 7, 
2004) (Category 620) & 69 FR 77998 (Dec. 29, 2004) (Category 349/649). 
The Committee solicited public comments with regard to whether imports 
of Chinese-origin textiles and textile products in Categories 349/649 
and 620 were, due to actual market disruption, threatening to impede 
the orderly development of trade in these products. Solicitation of 
Public Comments on Request for Textile and Apparel Safeguard Action on 
Imports from China, 70 FR 23113 (May 4, 2005) (Category 349/649) & 70 
FR 23124 (May 4, 2005) (Category 620).
    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 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 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, 413 F.3d 1344 (Fed. Cir. June 28, 
2005). Thus, the Committee resumed consideration of these cases. (See 
70 FR 24397, published on May 9, 2005).
    The Committee determined that imports of Chinese-origin textiles 
and textile products in Categories 349/649 and 620, are, due to the 
existence of market disruption and the threat of market disruption, 
threatening to impede the orderly development of trade in these textile 
products. A summary statement of the reasons and justifications for the 
U.S. request for consultations concerning imports of Chinese-origin 
textiles and textile products in Categories 349/649 and 620 from the 
People's Republic of China follows this notice.
    A description of the textile and apparel categories in terms of 
Harmonized Tariff Schedule of the United States numbers is available in 
the CORRELATION: Textile and Apparel Categories with the Harmonized 
Tariff Schedule of the United States (refer to the Office of Textiles 
and Apparel website at http://otexa.ita.doc.gov).

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements

September 1, 2005.

Commissioner,
Bureau of Customs and Border Protection, Washington, DC 20229.
    Dear Commissioner: Pursuant to Section 204 of the Agricultural 
Act of 1956, as amended (7 U.S.C. 1854); and Executive Order 11651 
of March 3, 1972, as amended, you are directed to prohibit, 
effective on August 31, 2005, entry into the United States for 
consumption and withdrawal from warehouse for consumption of 
Chinese-origin cotton and man-made fiber brassieres and other body 
supporting garments (Category 349/649) and other synthetic filament 
fabric (Category 620), produced or manufactured in the People's 
Republic of China and exported during the period beginning on August 
31, 2005, and extending through December 31, 2005, in excess of the 
following limits.

------------------------------------------------------------------------
                 Category                             Quantity
------------------------------------------------------------------------
349/649...................................  7,275,216 dozen.
620.......................................  12,328,306 square meters.
------------------------------------------------------------------------

    Products which have been exported to the United States prior to 
August 31, 2005, shall not be subject to the limit established in 
this directive.
    In carrying out the above directions, the Commissioner should 
construe entry into the United States for consumption to include 
entry for consumption into the Commonwealth of Puerto Rico.
    The Committee for the Implementation of Textile Agreements has 
determined that these actions fall within the foreign affairs 
exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).
    Sincerely,
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.


SUMMARY OF REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR 
CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE 
WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION

Cotton and Man-made Fiber Brassieres and Other Body Supporting Garments

Category 349/649

The United States believes that imports of Chinese-origin cotton and 
man-made fiber brassieres and other body supporting garments are, 
due to the existence of market disruption, threatening to impede the 
orderly development of trade in these products. Further, the United 
States believes that imports of Chinese-origin cotton and man-made 
fiber brassieres and other body supporting garments are, due to the 
threat of market disruption, threatening to impede the orderly 
development of trade in these products. Either finding supports a 
request for consultations with the Government of the People's 
Republic of China under Paragraph 242 of the Report of the Working 
Party on the Accession of China to the World Trade Organization 
(``Paragraph 242''). The following facts, and others contained in 
this Statement, support these beliefs:

     U.S. Imports from China Are Increasing Rapidly in Absolute 
Terms. U.S. imports of cotton and man-made fiber brassieres and 
other body supporting garments from China were 17,734,954 dozens for 
the entire twelve months of 2004. In the first half of 2005, U.S. 
imports from China increased to 11,139,910, an increase of 35 
percent from the first half of 2004.

     U.S. Imports from the World Are Increasing Rapidly in Absolute 
Terms. U.S. imports of cotton and man-made fiber brassieres and 
other body supporting garments from all sources, excluding cotton 
and man-made fiber brassieres and other body supporting garments 
containing U.S. components that were imported under outward 
processing programs, increased from 19,381 thousand dozens in the 
first half of 2004 to 21,043 thousand dozens in the first half of 
2005 - an increase of 9 percent. The absolute increase in imports 
from China in the first half of 2005 (2,908 thousand dozens) is 
greater than the absolute increase in U.S. imports of this category 
from the world as a whole (1,663 thousand dozens).

     The Average Unit Value of Imports from China is Significantly 
Lower Than Rest of World in 2005. In the first half of 2005, the 
average unit value of U.S. cotton and man-made fiber brassieres and 
other body supporting garment imports from China was US$31.17 per 
dozen, compared to US$50.25 per dozen for ``rest of world'' imports.

     The U.S. Brassieres and Other Body Supporting Garments Industry 
is Vulnerable to Increasing Imports. U.S. production fell by 2 
percent between the first quarter of 2004 and the first quarter of 
2005, while the share of the market held by U.S. producers fell by 3 
percentage points during this period.



[[Page 52996]]

SUMMARY OF REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR 
CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE 
WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION

Other Synthetic Filament Fabric

Category 620

The United States believes that imports of Chinese-origin other 
synthetic filament fabric are, due to the existence of market 
disruption, threatening to impede the orderly development of trade 
in these products. Further, the United States believes that imports 
of Chinese-origin other synthetic filament fabric are, due to the 
threat of market disruption, threatening to impede the orderly 
development of trade in these products. Either finding supports a 
request for consultations with the Government of the People's 
Republic of China under Paragraph 242 of the Report of the Working 
Party on the Accession of China to the World Trade Organization 
(``Paragraph 242''). The following facts, and others contained in 
this Statement, support these beliefs:

     U.S. Imports from China Are Increasing Rapidly in Absolute 
Terms. U.S. imports of other synthetic filament fabric from China 
were 5,895,247 square meters for the entire twelve months of 2004. 
In the period January-June 2005, U.S. imports from China increased 
to 39,973,330 square meters, an increase of 1,185 percent from the 
January-June 2004 level.

     U.S. Imports from the World Are Increasing Rapidly in Absolute 
Terms. U.S. imports of other synthetic filament fabric from all 
sources increased from 135,921 thousand square meters in January-
June 2004 to 256,020 thousand square meters in January-June 2005 - 
an increase of 88 percent. Over thirty percent of this increase was 
attributable to imports from China.

     The Average Unit Value of Imports from China Is Falling in 
2005. In 2004, the average unit value of U.S. other synthetic 
filament fabric imports from China was US$2.36 per square meter. In 
the period January-June 2005, the average unit value of those 
imports fell to US$0.70 per square meter compared to US$0.77 per 
square meter for ``rest of world'' imports.

     The U.S. Other Synthetic Filament Fabric Industry is Vulnerable 
to Increasing Imports. U.S. production fell by 13 percent between 
the first quarter of 2004 and the first quarter of 2005, while the 
share of the market held by U.S. producers fell by 15 percentage 
points during this period.

[FR Doc. 05-17692 Filed 9-1-05; 12:04 pm]
BILLING CODE 3510-DS-S