Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Colombia, 31832-31833 [2012-12994]

Download as PDF 31832 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Colombia International Trade Administration (ITA), Commerce. ACTION: Notice. AGENCY: 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 July 30, 2012. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Robert Carrigg, Office of Textiles and Apparel, U.S. Department of Commerce, Telephone: 202–482– 2573, Fax: 202–482–0858, Email: Robert.Carrigg@trade.gov. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: I. Abstract Title III, Subtitle B, Section 321 through Section 328 of the United States-Colombia Trade Promotion Agreement Implementation Act (the ‘‘Act’’) [Public Law 112–42] implements the textile and apparel safeguard provisions, provided for in Article 3.1 of the United States-Colombia Trade Promotion Agreement (the ‘‘Agreement’’). This safeguard mechanism applies when, as a result of the elimination of a customs duty under the Agreement, a Colombian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof to a U.S. industry producing a like or directly competitive article. In these circumstances, Article 3.1 permits the United States to increase duties on the imported article from Colombia to a VerDate Mar<15>2010 17:58 May 29, 2012 Jkt 226001 level that does not exceed the lesser of the prevailing U.S. normal trade relations (NTR)/most-favored-nation (MFN) duty rate for the article or the U.S. NTR/MFN duty rate in effect on the day before the Agreement entered into force. The Statement of Administrative Action accompanying the Act provides that the Committee for the Implementation of Textile Agreements (CITA) will issue procedures for requesting such safeguard measures, for making its determinations under Section 322(a) of the Act, and for providing relief under section 322(b) of the Act. In Proclamation No. 8818 (77 FR 29519, May 18, 2012), the President delegated to CITA his authority under Subtitle B of Title III of the Act with respect to textile and apparel safeguard measures. CITA must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Colombia, thereby allowing CITA to take corrective action to protect the viability of the domestic textile industry, subject to section 322(b) of the Act. Pursuant to Section 321(a) of the Act and Section (9) of Presidential Proclamation 8818, an interested party in the U.S. domestic textile and apparel industry may file a request for a textile and apparel safeguard action with CITA. Consistent with longstanding CITA practice in considering textile safeguard actions, CITA will consider an interested party to be an entity (which may be a trade association, firm, certified or recognized union, or group of workers) that is representative of either: (A) A domestic producer or producers of an article that is like or directly competitive with the subject Colombian textile or apparel article; or (B) A domestic producer or producers of a component used in the production of an article that is like or directly competitive with the subject Colombian textile or apparel article. In order for a request to be considered, the requester must provide the following information in support of a claim that a textile or apparel article from Colombia is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof, to a U.S. industry producing an article that is like, or directly competitive with, the imported article: (1) Name and description of the imported article concerned; (2) import data PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 demonstrating that imports of an Colombian origin textile or apparel article that are like or directly competitive with the articles produced by the domestic industry concerned are increasing in absolute terms or relative to the domestic market for that article; (3) U.S. domestic production of the like or directly competitive articles of U.S. origin indicating the nature and extent of the serious damage or actual threat thereof, along with an affirmation that to the best of the requester’s knowledge, the data represent substantially all of the domestic production of the like or directly competitive article(s) of U.S. origin; (4) imports from Colombia as a percentage of the domestic market of the like or directly competitive article; and (5) all data available to the requester showing changes in productivity, utilization of capacity, inventories, exports, wages, employment, domestic prices, profits, and investments, and any other information, relating to the existence of serious damage or actual threat thereof caused by imports from Colombia to the industry producing the like or directly competitive article that is the subject of the request. To the extent that such information is not available, the requester should provide best estimates and the basis therefore. If CITA determines that the request provides the information necessary for it to be considered, CITA will publish a notice in the Federal Register seeking public comments regarding the request. The comment period shall be 30 calendar days. The notice will include a summary of the request. Any interested party may submit information to rebut, clarify, or correct public comments submitted by any interested party. CITA will make a determination on any request it considers within 60 calendar days of the close of the comment period. If CITA is unable to make a determination within 60 calendar days, it will publish a notice in the Federal Register, including the date it will make a determination. If a determination under Section 322(b) of the Act is affirmative, CITA may provide tariff relief to a U.S. industry to the extent necessary to remedy or prevent serious damage or actual threat thereof and to facilitate adjustment by the domestic industry to import competition. The import tariff relief is effective beginning on the date that CITA’s affirmative determination is published in the Federal Register. Entities submitting requests, responses or rebuttals to CITA may submit both a public and confidential version of their submissions. If the request is accepted, the public version E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices will be posted on the dedicated Colombia Trade Promotion Agreement textile safeguards section of the Office of Textile and Apparel (OTEXA) Web site. The confidential version of the requests, responses or rebuttals will not be shared with the public as it may contain business confidential information. Entities submitting responses or rebuttals may use the public version of the request as a basis for responses. Dated: May 23, 2012. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. II. Method of Collection [A–351–841] When an interested party files a request for a textile and apparel safeguard action with CITA, ten copies of any such request must be provided in a paper format. If business confidential information is provided, two copies of a non-confidential version must also be provided. Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Notice of Rescission of Antidumping Duty Administrative Review OMB Control Number: None. Form Number(s): None. Type of Review: Regular submission (new information collection). Affected Public: Individuals or households; business or other for-profit organizations. Estimated Number of Respondents: 6 (1 for Request; 5 for Comments). Estimated Time per Response: 4 hours for a Request; and 4 hours for each Comment. Estimated Total Annual Burden Hours: 24. Estimated Total Annual Cost to Public: $960. IV. Request for Comments srobinson on DSK4SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Import Administration, International Trade Administration, Department of Commerce. AGENCY: In response to a request from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Brazil for the period November 1, 2010, through October 31, 2011. Based on petitioners’ withdrawal of its request, we are now rescinding this administrative review. DATES: Effective Date: May 30, 2012. FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–2657 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: III. Data 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. VerDate Mar<15>2010 [FR Doc. 2012–12994 Filed 5–29–12; 8:45 am] 17:58 May 29, 2012 Jkt 226001 Background On December 30, 2011, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on PET Film from Brazil for the period November 1, 2010 through October 31, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268 (December 30, 2011). This review covers Terphane, Inc. and Terphane, Ltda. Petitioners were the only party to request a review of these companies. On March 29, 2012, petitioners withdrew their request for an administrative review of Terphane, Inc. and Terphane, Ltda. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 31833 Scope of the Order The products covered by this order are all gauges of raw, pre-treated, or primed PET film, whether extruded or co-extruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inches thick. Also excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of these orders is dispositive. Rescission of Review Pursuant to 19 CFR 351.213(d)(1) of the Department’s regulations, the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the publication of the notice of initiation of the requested review, or withdraws at a later date if the Department exercises its discretion to extend the time limit for withdrawing the request. Petitioners withdrew their request within the 90day deadline, and no other party requested a review. Therefore, we are rescinding the review with respect to all companies. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notifications This notice serves as a final reminder to importers for whom this review is being rescinded of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31832-31833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12994]



[[Page 31832]]

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DEPARTMENT OF COMMERCE

International Trade Administration


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

AGENCY: International Trade Administration (ITA), Commerce.

ACTION: Notice.

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

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

DATES: Written comments must be submitted on or before July 30, 2012.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at JJessup@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Robert Carrigg, Office of Textiles and Apparel, U.S. 
Department of Commerce, Telephone: 202-482-2573, Fax: 202-482-0858, 
Email: Robert.Carrigg@trade.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    Title III, Subtitle B, Section 321 through Section 328 of the 
United States-Colombia Trade Promotion Agreement Implementation Act 
(the ``Act'') [Public Law 112-42] implements the textile and apparel 
safeguard provisions, provided for in Article 3.1 of the United States-
Colombia Trade Promotion Agreement (the ``Agreement''). This safeguard 
mechanism applies when, as a result of the elimination of a customs 
duty under the Agreement, a Colombian textile or apparel article is 
being imported into the United States in such increased quantities, in 
absolute terms or relative to the domestic market for that article, and 
under such conditions as to cause serious damage or actual threat 
thereof to a U.S. industry producing a like or directly competitive 
article. In these circumstances, Article 3.1 permits the United States 
to increase duties on the imported article from Colombia to a level 
that does not exceed the lesser of the prevailing U.S. normal trade 
relations (NTR)/most-favored-nation (MFN) duty rate for the article or 
the U.S. NTR/MFN duty rate in effect on the day before the Agreement 
entered into force.
    The Statement of Administrative Action accompanying the Act 
provides that the Committee for the Implementation of Textile 
Agreements (CITA) will issue procedures for requesting such safeguard 
measures, for making its determinations under Section 322(a) of the 
Act, and for providing relief under section 322(b) of the Act.
    In Proclamation No. 8818 (77 FR 29519, May 18, 2012), the President 
delegated to CITA his authority under Subtitle B of Title III of the 
Act with respect to textile and apparel safeguard measures.
    CITA must collect information in order to determine whether a 
domestic textile or apparel industry is being adversely impacted by 
imports of these products from Colombia, thereby allowing CITA to take 
corrective action to protect the viability of the domestic textile 
industry, subject to section 322(b) of the Act.
    Pursuant to Section 321(a) of the Act and Section (9) of 
Presidential Proclamation 8818, an interested party in the U.S. 
domestic textile and apparel industry may file a request for a textile 
and apparel safeguard action with CITA. Consistent with longstanding 
CITA practice in considering textile safeguard actions, CITA will 
consider an interested party to be an entity (which may be a trade 
association, firm, certified or recognized union, or group of workers) 
that is representative of either: (A) A domestic producer or producers 
of an article that is like or directly competitive with the subject 
Colombian textile or apparel article; or (B) A domestic producer or 
producers of a component used in the production of an article that is 
like or directly competitive with the subject Colombian textile or 
apparel article.
    In order for a request to be considered, the requester must provide 
the following information in support of a claim that a textile or 
apparel article from Colombia is being imported into the United States 
in such increased quantities, in absolute terms or relative to the 
domestic market for that article, and under such conditions as to cause 
serious damage or actual threat thereof, to a U.S. industry producing 
an article that is like, or directly competitive with, the imported 
article: (1) Name and description of the imported article concerned; 
(2) import data demonstrating that imports of an Colombian origin 
textile or apparel article that are like or directly competitive with 
the articles produced by the domestic industry concerned are increasing 
in absolute terms or relative to the domestic market for that article; 
(3) U.S. domestic production of the like or directly competitive 
articles of U.S. origin indicating the nature and extent of the serious 
damage or actual threat thereof, along with an affirmation that to the 
best of the requester's knowledge, the data represent substantially all 
of the domestic production of the like or directly competitive 
article(s) of U.S. origin; (4) imports from Colombia as a percentage of 
the domestic market of the like or directly competitive article; and 
(5) all data available to the requester showing changes in 
productivity, utilization of capacity, inventories, exports, wages, 
employment, domestic prices, profits, and investments, and any other 
information, relating to the existence of serious damage or actual 
threat thereof caused by imports from Colombia to the industry 
producing the like or directly competitive article that is the subject 
of the request. To the extent that such information is not available, 
the requester should provide best estimates and the basis therefore.
    If CITA determines that the request provides the information 
necessary for it to be considered, CITA will publish a notice in the 
Federal Register seeking public comments regarding the request. The 
comment period shall be 30 calendar days. The notice will include a 
summary of the request. Any interested party may submit information to 
rebut, clarify, or correct public comments submitted by any interested 
party.
    CITA will make a determination on any request it considers within 
60 calendar days of the close of the comment period. If CITA is unable 
to make a determination within 60 calendar days, it will publish a 
notice in the Federal Register, including the date it will make a 
determination.
    If a determination under Section 322(b) of the Act is affirmative, 
CITA may provide tariff relief to a U.S. industry to the extent 
necessary to remedy or prevent serious damage or actual threat thereof 
and to facilitate adjustment by the domestic industry to import 
competition. The import tariff relief is effective beginning on the 
date that CITA's affirmative determination is published in the Federal 
Register.
    Entities submitting requests, responses or rebuttals to CITA may 
submit both a public and confidential version of their submissions. If 
the request is accepted, the public version

[[Page 31833]]

will be posted on the dedicated Colombia Trade Promotion Agreement 
textile safeguards section of the Office of Textile and Apparel (OTEXA) 
Web site. The confidential version of the requests, responses or 
rebuttals will not be shared with the public as it may contain business 
confidential information. Entities submitting responses or rebuttals 
may use the public version of the request as a basis for responses.

II. Method of Collection

    When an interested party files a request for a textile and apparel 
safeguard action with CITA, ten copies of any such request must be 
provided in a paper format. If business confidential information is 
provided, two copies of a non-confidential version must also be 
provided.

III. Data

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

IV. Request for Comments

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

    Dated: May 23, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2012-12994 Filed 5-29-12; 8:45 am]
BILLING CODE 3510-DS-P