Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive, 23518-23520 [2016-09182]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23518-23520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09182]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-558]


Nepal: Advice Concerning Whether Certain Textile and Apparel 
Articles Are Import Sensitive

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearing.

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SUMMARY: Following receipt of a request on March 30, 2016 from the 
United States Trade Representative (USTR), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-558, Nepal: 
Advice Concerning Whether Certain Textile and Apparel Articles Are 
Import Sensitive. The report will provide the advice requested by the 
USTR.

DATES: 
    May 23, 2016: Deadline for filing requests to appear at the public 
hearing.
    May 25, 2016: Deadline for filing pre-hearing briefs and 
statements.
    June 9, 2016: Public hearing.
    June 14, 2016: Deadline for filing post-hearing briefs and 
statements.
    June 24, 2016: Deadline for filing all other written submissions.
    September 29, 2016: Transmittal of Commission report to the USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at https://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Information specific to this 
investigation may be obtained from Andrea Boron, Project Leader, Office 
of Industries (202-205-3433 or andrea.boron@usitc.gov), or Natalie 
Hanson, Deputy Project Leader, Office of Industries (202-205-2571 or 
natalie.hanson@usitc.gov). For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or william.gearhart@usitc.gov). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or margaret.olaughlin@usitc.gov). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its Web 
site (https://www.usitc.gov). Persons with mobility impairments who will 
need special assistance in gaining access to the Commission should 
contact the Office of the Secretary at 202-205-2000.
    Background: As noted by the USTR in his request letter, on February 
24, 2016, the President signed the Trade Facilitation and Trade 
Enforcement Act of 2015 (the Act) (Pub. L. 114-125) into law. Section 
915 of the Act authorizes the President to establish a trade preference 
program for Nepal. Prior to determining whether an article is an 
eligible article for the purposes of the Act, the President is required 
to receive the advice of the Commission, in accordance with section 
503(e) of the Trade Act of 1974 (the 1974 Act) (19 U.S.C. 2463(e)), 
that the article is not import-sensitive in the context of imports from 
Nepal.
    In his request letter the USTR notified the Commission, under 
authority delegated to him in accordance with sections 503(a)(1)(A), 
503(e), and 131(a) of the 1974 Act, as amended (19 U.S.C. 
2463(a)(1)(A), 2463(e), and 2151(a)), that the 66 eight-digit textile 
and apparel tariff lines identified in Table A of the Annex to his 
request letter are being considered for designation as eligible 
articles for purposes of the Act. The USTR requested that the 
Commission provide its advice as to whether these articles are import-
sensitive in the context of imports from Nepal. He asked that this 
advice include the probable economic effect on total U.S. imports, on 
U.S. industries producing like or directly competitive articles, and on 
U.S. consumers of the elimination of U.S. import duties for Nepal on 
the articles identified in Table A of the Annex to his request letter 
(see Table A below).

 Table A--Products Being Considered for Designation as Eligible Products
                                for Nepal
------------------------------------------------------------------------
          HTS  subheading                     Brief description
------------------------------------------------------------------------
4202.11.00.........................  Trunks, suitcases, vanity & all
                                      other cases, occupational luggage
                                      & like containers, surface of
                                      leather, composition or patent
                                      leather.
4202.12.20.........................  Trunks, suitcases, vanity and
                                      attach[eacute] cases, occupational
                                      luggage and similar containers,
                                      with outer surface of plastics.
4202.12.40.........................  Trunks, suitcases, vanity &
                                      attach[eacute] cases, occupational
                                      luggage & like containers,
                                      surfaces of cotton, not of pile or
                                      tufted construction.
4202.12.60.........................  Trunks, suitcases, vanity &
                                      attach[eacute] cases, occupational
                                      luggage & like containers, w outer
                                      surface of veg. fibers, excl.
                                      cotton.
4202.12.80.........................  Trunks, suitcases, vanity &
                                      attach[eacute] cases, occupational
                                      luggage and similar containers,
                                      with outer surface of textile
                                      materials nesi.
4202.21.60.........................  Handbags, with or without shoulder
                                      strap or without handle, with
                                      outer surface of leather,
                                      composition or patent leather,
                                      nesi, n/o $ ea.
4202.21.90.........................  Handbags, with or without shoulder
                                      strap or without handle, with
                                      outer surface of leather,
                                      composition or patent leather,
                                      nesi, over $ ea.
4202.22.15.........................  Handbags, with or without shoulder
                                      straps or without handle, with
                                      outer surface of sheeting of
                                      plastics.

[[Page 23519]]

 
4202.22.40.........................  Handbags with or without shoulder
                                      strap or without handle, with
                                      outer surface of textile
                                      materials, wholly or in part of
                                      braid, nesi.
4202.22.45.........................  Handbags with or without shoulder
                                      strap or without handle, with
                                      outer surface of cotton, not of
                                      pile or tufted construction or
                                      braid.
4202.22.60.........................  Handbags with or w/o shoulder strap
                                      or w/o handle, outer surface of
                                      veg. fibers, exc. cotton, not of
                                      pile or tufted construction or
                                      braid.
4202.22.70.........................  Handbags with or w/o shoulder strap
                                      or w/o handle, with outer surface
                                      containing % or more of silk, not
                                      braided.
4202.22.80.........................  Handbags with or without shoulder
                                      strap or without handle, with
                                      outer surface of textile
                                      materials, nesi.
4202.29.50.........................  Handbags w. or w/o shld. strap or w/
                                      o handle of mat. (o/t leather,
                                      shtng. of plas., tex. mat., vul.
                                      fib. or paperbd.), pap.cov., of
                                      mat. nesi.
4202.29.90.........................  Handbags with or without shoulder
                                      straps or without handle, with
                                      outer surface of vulcanized fiber
                                      or of paperboard, not covered with
                                      paper.
4202.31.60.........................  Articles of a kind normally carried
                                      in the pocket or handbag, with
                                      outer surface of leather,
                                      composition or patent leather,
                                      nesi.
4202.32.40.........................  Articles of a kind normally carried
                                      in the pocket or handbag, with
                                      outer surface of cotton, not of
                                      pile or tufted construction.
4202.32.80.........................  Articles of a kind normally carried
                                      in the pocket or handbag, with
                                      outer surface of vegetable fibers,
                                      not of pile or tufted
                                      construction, nesi.
4202.32.95.........................  Articles of a kind normally carried
                                      in the pocket or handbag, with
                                      outer surface of textile
                                      materials, nesi.
4202.91.00.........................  Cases, bags and containers nesi,
                                      with outer surface of leather, of
                                      composition leather or patent
                                      leather.
4202.92.08.........................  Insulated food or beverage bags
                                      with outer surface of textile
                                      materials, nesoi.
4202.92.15.........................  Travel, sports and similar bags
                                      with outer surface of cotton, not
                                      of pile or tufted construction.
4202.92.20.........................  Travel, sports and similar bags
                                      with outer surface of vegetable
                                      fibers, excl. cotton, not of pile
                                      construction.
4202.92.30.........................  Travel, sports and similar bags
                                      with outer surface of textile
                                      materials other than of vegetable
                                      fibers.
4202.92.45.........................  Travel, sports and similar bags
                                      with outer surface of plastic
                                      sheeting.
4202.92.60.........................  Bags, cases and similar containers,
                                      nesi, with outer surface of
                                      cotton.
4202.92.90.........................  Bags, cases and similar containers
                                      nesi, with outer surface of
                                      plastic sheeting or of textile
                                      materials, excl. cotton.
4202.99.90.........................  Cases, bags and similar containers,
                                      nesi, with outer surface of
                                      vulcanized fiber or of paperboard.
4203.29.50.........................  Gloves, mittens and mitts of
                                      leather or composition leather,
                                      nesi, lined, for persons other
                                      than men.
5701.10.90.........................  Carpets and other textile floor
                                      coverings, of wool or fine animal
                                      hair, not hand-hooked, not hand
                                      knotted during weaving.
5702.31.20.........................  Carpets and other textile floor
                                      coverings of pile construction,
                                      woven, not tufted or flocked, not
                                      made up, of wool/fine animal hair,
                                      nesoi.
5702.49.20.........................  Carpets & other textile floor
                                      coverings of pile construction,
                                      woven, not tufted or flocked, made
                                      up, of other textile materials
                                      nesoi.
5702.50.40.........................  Carpets & other textile floor
                                      coverings, not of pile
                                      construction, woven, not made up,
                                      of wool or fine animal hair,
                                      nesoi.
5702.50.59.........................  Carpets & other textile floor
                                      coverings, not of pile
                                      construction, woven, not made up,
                                      of other textile materials nesoi.
5702.91.30.........................  Floor coverings, not of pile
                                      construction, woven not on power-
                                      driven loom, made up, of wool or
                                      fine animal hair, nesi.
5702.91.40.........................  Carpets & other textile floor
                                      coverings, not of pile
                                      construction, woven nesoi, made
                                      up, of wool or fine animal hair,
                                      nesoi.
5702.92.90.........................  Carpet & other textile floor
                                      coverings, not of pile
                                      construction, woven, made up, of
                                      man-made textile materials, nesi.
5702.99.15.........................  Carpets and other textile floor
                                      coverings, not of pile
                                      construction, woven, made up, of
                                      cotton, nesoi.
5703.10.20.........................  Hand-hooked carpets and other
                                      textile floor coverings, tufted,
                                      whether or not made up, of wool or
                                      fine animal hair.
5703.10.80.........................  Carpets and other textile floor
                                      coverings, tufted, whether or not
                                      made up, of wool or fine animal
                                      hair, nesoi.
5703.90.00.........................  Carpets and other textile floor
                                      coverings, tufted, whether or not
                                      made up, of other textile
                                      materials nesoi.
5705.00.20.........................  Carpets and other textile floor
                                      coverings, whether or not made up,
                                      nesoi.
6117.10.60.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like,
                                      nesoi.
6117.80.85.........................  Headbands, ponytail holders &
                                      similar articles, of textile
                                      materials other than containing %
                                      or more by weight of silk, knitted/
                                      crocheted.
6214.10.10.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like, not
                                      knitted or crocheted, containing %
                                      or more silk or silk waste.
6214.10.20.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like, not
                                      knitted or crocheted, containing
                                      less than % silk or silk waste.
6214.20.00.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like, not
                                      knitted or crocheted, of wool or
                                      fine animal hair.
6214.40.00.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like, not
                                      knitted or crocheted, of
                                      artificial fibers.
6214.90.00.........................  Shawls, scarves, mufflers,
                                      mantillas, veils and the like, not
                                      knitted or crocheted, of textile
                                      materials nesoi.
6216.00.80.........................  Gloves, mittens and mitts, not
                                      knitted or crocheted, of wool or
                                      fine animal hair, nesoi.
6217.10.85.........................  Headbands, ponytail holders and
                                      similar articles, of textile
                                      materials containing < % by weight
                                      of silk, not knit/crochet.
6301.90.00.........................  Blankets and traveling rugs, nesoi.
6308.00.00.........................  Needlecraft sets for making up into
                                      rugs, etc., consist of woven
                                      fabric and yarn, whether/not w/
                                      accessories, put up packings for
                                      retail sale.
6504.00.90.........................  Hats and headgear, plaited or
                                      assembled from strips of any
                                      material (o/than veg. fibers/
                                      unspun fibrous veg. materials and/
                                      or paper yarn).
6505.00.08.........................  Hats and headgear made from hat
                                      forms and hat bodies of, except of
                                      fur felt.
6505.00.15.........................  Hats and headgear, of cotton and/or
                                      flax, knitted.
6505.00.20.........................  Headwear, of cotton, not knitted;
                                      certified hand-loomed and folklore
                                      hats & headgear, of cotton or
                                      flax, not knitted.
6505.00.25.........................  Hats and headgear, of cotton or
                                      flax, not knitted, not certified
                                      hand-loomed folklore goods.
6505.00.30.........................  Hats and headgear, of wool, knitted
                                      or crocheted or made up from
                                      knitted or crocheted fabric.
6505.00.40.........................  Hats and headgear, of wool, made up
                                      from felt or of textile material,
                                      not knitted or crocheted or made
                                      up from knitted or crocheted
                                      fabric.
6505.00.50.........................  Hats and headgear, of man-made
                                      fibers, knitted or crocheted or
                                      made up from knitted or crocheted
                                      fabric, wholly or in part of
                                      braid.
6505.00.60.........................  Hats and headgear, of man-made
                                      fibers, knitted or crocheted or
                                      made up from knitted or crocheted
                                      fabrics, not in part of braid.
6505.00.80.........................  Hats and headgear, of man-made
                                      fibers, made up from felt or of
                                      textile material, not knitted or
                                      crocheted, not in part of braid.
6505.00.90.........................  Hats and headgear, of textile
                                      materials (other than of cotton,
                                      flax, wool or man-made fibers),
                                      nesoi.
6506.99.30.........................  Headgear, nesoi, of furskin,
                                      whether or not lined or trimmed.

[[Page 23520]]

 
6506.99.60.........................  Headgear (other than safety
                                      headgear), nesoi, of materials
                                      other than rubber, plastics, or
                                      furskins, whether or not lined or
                                      trimmed.
------------------------------------------------------------------------

    As requested, to the extent possible, the Commission will provide 
its advice and statistics separately and individually for each U.S. 
Harmonized Tariff Schedule subheading for all products subject to the 
request. The USTR indicated that those sections of the Commission's 
report and working papers that contain the Commission's advice and 
assessment will be classified as ``confidential.'' The USTR also stated 
that his office considers the Commission's report to be an inter-agency 
memorandum that will contain pre-decisional advice and be subject to 
the deliberative process privilege.
    The Commission has instituted the investigation under section 
332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) in order to 
facilitate the filing and inspection of written submissions and also to 
make the report a part of an established Commission reporting series. 
As requested by the USTR, the Commission will provide its report to the 
USTR containing the requested advice by September 29, 2016. The USTR 
asked that the Commission issue a public version of the report as soon 
as possible thereafter, containing only the unclassified information, 
with any confidential business information deleted.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on 
Thursday June 9, 2016. Requests to appear at the public hearing should 
be filed with the Secretary no later than 5:15 p.m., May 23, 2016. All 
pre-hearing briefs and statements should be filed no later than 5:15 
p.m., May 25, 2016; and all post-hearing briefs and statements should 
be filed no later than 5:15 p.m., June 14, 2016. All requests to 
appear, and pre- and post-hearing briefs and statements should be filed 
by the above dates but otherwise in accordance with the requirements of 
the ``written submissions'' section below.
    Written Submissions: In lieu of or in addition to appearing at the 
hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary. Except for requests to appear and pre- and 
post-hearing briefs, all written submissions should be received not 
later than 5:15 p.m., June 24, 2016. All written submissions must 
conform to the provisions of section 201.8 of the Commission's Rules of 
Practice and Procedure (19 CFR 201.8). Section 201.8 and the 
Commission's Handbook on Filing Procedures require that interested 
parties file documents electronically on or before the filing deadline 
and submit eight (8) true paper copies by 12:00 p.m. eastern time on 
the next business day. In the event that confidential treatment of a 
document is requested, interested parties must file, at the same time 
as the eight paper copies, at least four (4) additional true paper 
copies in which the confidential information must be deleted (see the 
following paragraph for further information regarding confidential 
business information). Persons with questions regarding electronic 
filing should contact the Office of the Secretary, Docket Services 
Division (202-205-1802).
    Any submissions that contain confidential business information must 
also conform to the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
is clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    Disclosure of Confidential Business Information: The Commission may 
include some or all of the confidential business information submitted 
in the course of this investigation in the report it sends to the USTR. 
Additionally, all information, including confidential business 
information, submitted in this investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel (a) for cybersecurity 
purposes or (b) in monitoring user activity on U.S. government 
classified networks. The Commission will not otherwise disclose any 
confidential business information in a manner that would reveal the 
operations of the firm supplying the information.
    Summaries of Written Submissions: The Commission intends to publish 
summaries of the positions of interested persons. Persons wishing to 
have a summary of their position included in the report should include 
a summary with their written submission. The summary may not exceed 500 
words, should be in MSWord format or a format that can be easily 
converted to MSWord, and should not include any confidential business 
information. The summary will be published as provided if it meets 
these requirements and is germane to the subject matter of the 
investigation. The Commission will identify the name of the 
organization furnishing the summary and will include a link to the 
Commission's Electronic Document Information System (EDIS) where the 
full written submission can be found.

    By order of the Commission.

    Issued: April 15, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09182 Filed 4-20-16; 8:45 am]
 BILLING CODE 7020-02-P