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]
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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: https://
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
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13:21 Sep 02, 2005
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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 (https://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 https://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
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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
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Jkt 205001
Apparel Categories with the
Harmonized Tariff Schedule of the
United States (refer to the Office of
Textiles and Apparel website at https://
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
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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
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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
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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.
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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
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]]>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
(https://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 https://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 https://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
