[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Notices]
[Pages 72181-72182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27374]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Entry of Shipments of Cotton, Wool, Man-Made Fiber, Silk Blend 
and Other Vegetable Fiber Textiles and Apparel in Excess of 2004 
Agreement Limits or Certain China Safeguard Limits

December 9, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Directive to Commissioner, Customs and Border Protection.

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FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION: 

    Authority: Executive Order 11651 of March 3, 1972, as amended; 
Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 
1854).

    In a Federal Register Notice published on June 25, 2004, CITA 
announced that it had come to CITA's attention that some textile and 
apparel products may be shipped in excess of agreed quota limits in 
2004 with the expectation that those shipments will be allowed entry 
upon the expiration of the limits, and CITA noted that shipments 
exported in excess of agreed limits are a violation of the terms of 
those agreements. (69 FR 35586) In that Notice, CITA expressly reserved 
the right to deny entry to goods that have been shipped in excess of 
agreed limits or to stage entry for goods exported in excess of agreed 
limits. In order to carry

[[Page 72182]]

out those agreements, including the World Trade Organization (WTO) 
Agreement on Textiles and Clothing (ATC), the Report of the Working 
Party on the Accession of China to the WTO (Accession Agreement), and 
certain bilateral textile agreements with countries that are not 
Members of the WTO, CITA is directing the Commissioner, Customs and 
Border Protection, to stage entry of goods exported in 2004 in excess 
of ATC, Accession Agreement, or bilateral textile agreement limits.
    For all shipments exported in 2004 that exceed the applicable 2004 
agreed quota limit from WTO Members and from countries with bilateral 
textile agreements expiring on December 31 that are not WTO Members, 
entry will not be permitted until February 1, 2005. From February 1 
through February 28, 2005, entry will be permitted to goods in an 
amount equal to 5 percent of the applicable 2004 base quota limit. For 
each succeeding month, beginning on the first day of the month and 
extending through the last day of the month, entry will be permitted to 
goods in an amount equal to 5 percent of the applicable base 2004 quota 
limit, until all shipments in excess of the quota limits have been 
entered.
    For all shipments exported from China that exceed the applicable 
Accession Agreement safeguard limits for categories 222, 349/649, and 
350/650, which apply to goods in these categories exported from China 
between December 24, 2003 and December 23, 2004, entry will not be 
permitted until January 24, 2005. From January 24 through February 23, 
2005, entry will be permitted to goods in an amount equal to 5 percent 
of the applicable safeguard limit. For each succeeding period, 
beginning on the 24th of the month and extending through the 23rd of 
the following month, entry will be permitted to goods in an amount 
equal to 5 percent of the applicable base safeguard limit, until all 
shipments in excess of safeguard limits have been entered.
    2004 quota base limits can be found on the Web at http://otexa.ita.doc.gov under ``Summary of Agreements.''

James C. Leonard, III,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

Commissioner, Customs and Border Protection, Washington, DC 20229, 
December 9, 2004.
    Dear Commissioner: This directive provides instructions on 
permitting entry to goods shipped in excess of 2004 quota limits, 
for WTO Members or countries with expiring bilateral textile 
agreements, and in excess of China safeguard limits imposed in 2003.
    For all shipments exported in 2004 that exceed the applicable 
2004 agreed quota limit from WTO Members and from countries with 
bilateral textile agreements expiring on December 31 that are not 
WTO Members, you are directed to deny entry until February 1, 2005, 
subject to the following procedure. From February 1 through February 
28, 2005, you are directed to permit entry to goods in an amount 
equal to 5 percent of the applicable 2004 base quota limit. For each 
succeeding month, beginning on the first day of the month and 
extending through the last day of the month, you are directed to 
permit entry to goods in an amount equal to 5 percent of the 
applicable base 2004 quota limit, until all shipments in excess of 
the quota limits have been entered.
    For all shipments exported from China that exceed the applicable 
safeguard limits for categories 222, 349/649, and 350/650, you are 
directed to deny entry until January 24, 2005, subject to the 
following procedure. From January 24 through February 23, 2005, you 
are directed to permit entry to goods in an amount equal to 5 
percent of the applicable safeguard limit. For each succeeding 
period, beginning on the 24th of the month and extending through the 
23rd of the following month, you are directed to permit entry to 
goods in an amount equal to 5 percent of the applicable base 
safeguard limit, until all shipments in excess of safeguard limits 
have been entered.
    The Committee for the Implementation of Textile Agreements has 
determined that this action falls within the foreign affairs 
exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).
    Sincerely,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-27374 Filed 12-9-04; 2:48 pm]
BILLING CODE 3510-DS-P