[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Pages 77232-77233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28257]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Solicitation of Public Comments on Request for Textile and 
Apparel Safeguard Action on Imports From China

December 16, 2004.
AGENCY: The Committee for the Implementation of Textile Agreements (the 
Committee).

ACTION: Solicitation of public comments concerning a request for 
safeguard action on imports from China of dressing gowns and robes 
(Category 350/650).

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SUMMARY: The Committee has received a request from the National Council 
of Textile Organizations, the National Textile Association, the 
American Manufacturing Trade Action Coalition, SEAMS, and UNITE HERE! 
(Requestors) asking the Committee to reapply the limit on imports from 
China of dressing gowns and robes in accordance with the textile and 
apparel safeguard provision of the Working Party on the Accession of 
China to the World Trade Organization (the Accession Agreement). On 
December 24, 2003 the Committee established an Accession Agreement 
limit on imports from China of dressing gowns and robes, which will 
expire on December 23, 2004. The Committee hereby solicits public 
comments on this request.

FOR FURTHER INFORMATION CONTACT: Jay Dowling, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-4058.

SUPPLEMENTARY INFORMATION:

    Authority:  Section 204 of the Agriculture Act of 1956, as 
amended; Executive Order 11651, as amended.

Background

    The textile and apparel safeguard provision of the Accession 
Agreement provides for the United States and other members of the World 
Trade Organization that believe imports of Chinese origin textile and 
apparel products are, due to market disruption, threatening to impede 
the orderly development of trade in these products to request 
consultations with China with a view to easing or avoiding the 
disruption. Pursuant to this provision, if the United States requests 
consultations with China, it must, at the time of the request, provide 
China with a detailed factual statement showing ``(1) the existence or 
threat of market disruption; and (2) the role of products of Chinese 
origin in that disruption.'' Beginning on the date that it receives 
such a request, China must restrict its shipments to the United States 
to a level no greater than 7.5 percent (6 percent for wool product 
categories) above the amount entered during the first 12 months of the 
most recent 14 months preceding the request. If exports from China 
exceed that amount, the United States may enforce the restriction.
    The Committee has published procedures (the Procedures) it follows 
in considering requests for Accession Agreement textile and apparel 
safeguard actions (68 FR 27787, May 21, 2003; 68 FR 49440, August 18, 
2003), including the information that must be included in such requests 
in order for the Committee to consider them.
    On November 24, 2004, the Requestors asked the Committee to reapply 
an Accession Agreement textile and apparel safeguard action on imports 
from China of dressing gowns and robes (Category 350/650) on the ground 
that an anticipated increase in imports of dressing gowns and robes 
after December 23, 2004, threatens to disrupt the U.S. market for 
dressing gowns and robes. The request is available at http://otexa.ita.doc.gov/Safeguard_intro.htm. In light of the considerations 
set forth in the Procedures, the Committee has determined that the 
Requestors have provided the information necessary for the Committee to 
consider the request.
    The Committee is soliciting public comments on the request, in 
particular with regard to whether there is a threat of disruption to 
the U.S. market for dressing gowns and robes and, if so, the role of 
Chinese-origin dressing gowns and robes in that disruption. To this 
end, the Committee seeks relevant information addressing factors such 
as the following, which may be relevant in the particular circumstances 
of this case, involving a product under a quota that will expire on 
December 23, 2004: (1) Whether imports of dressing gowns and robes from 
China are entering, or are expected to enter, the United States at 
prices that are substantially below prices of the like or directly 
competitive U.S. product, and whether those imports are likely to have 
a significant depressing or suppressing effect on domestic prices of 
the like or directly competitive U.S. product or are likely to increase 
demand for further imports from China; (2) whether exports of Chinese-
origin dressing gowns and robes to the United States are likely to 
increase substantially and imminently (due to existing unused 
production capacity, to capacity that can easily be shifted from the 
production of other products to the production of dressing gowns and 
robes, or to an imminent and substantial increase in production 
capacity or investment in production capacity), taking into account the 
availability of other markets to absorb any additional exports; (3) 
whether Chinese-origin dressing gowns and robes that are presently sold 
in the Chinese market or in third-country markets will be diverted to 
the U.S. market in the imminent future (for example, due to more 
favorable pricing in the U.S. market or to existing or imminent import 
restraints into third country markets); (4) the level and the extent of 
any recent change in inventories of dressing gowns and robes in China 
or in U.S. bonded warehouses;

[[Page 77233]]

(5) whether conditions of the domestic industry of the like or directly 
competitive product demonstrate that market disruption is likely (as 
may be evident from any anticipated factory closures or decline in 
investment in the production of dressing gowns and robes, and whether 
actual or anticipated imports of Chinese-origin dressing gowns and 
robes are likely to affect the development and production efforts of 
the U.S. dressing gowns and robes industry; and (6) whether U.S. 
managers, retailers, purchasers, importers, or other market 
participants have recognized Chinese producers of dressing gowns and 
robes as potential suppliers (for example, through pre-qualification 
procedures or framework agreements).
    Comments may be submitted by any interested person. Comments must 
be received no later than January 26, 2005. Interested persons are 
invited to submit ten copies of such comments to the Chairman, 
Committee for the Implementation of Textile Agreements, Room 3001A, 
U.S. Department of Commerce, 14th and Constitution Avenue, NW., 
Washington, DC 20230.
    The Committee will protect any business confidential information 
that is marked business confidential from disclosure to the full extent 
permitted by law. To the extent that business confidential information 
is provided, two copies of a non-confidential version must also be 
provided in which business confidential information is summarized or, 
if necessary, deleted. Comments received, with the exception of 
information marked ``business confidential'', will be available for 
inspection between Monday and Friday, 8:30 a.m and 5:30 p.m in the 
Trade Reference and Assistance Center Help Desk, Suite 800M, USA Trade 
Information Center, Ronald Reagan Building, 1300 Pennsylvania Avenue, 
NW., Washington, DC, (202) 482-3433.
    The Committee will make a determination within 60 calendar days of 
the close of the comment period as to whether the United States will 
request consultations with China. If the Committee is unable to make a 
determination within 60 calendar days, it will cause to be published a 
notice in the Federal Register, including the date by which it will 
make a determination. If the Committee makes a negative determination, 
it will cause this determination and the reasons therefore to be 
published in the Federal Register. If the Committee makes an 
affirmative determination that imports of Chinese-origin dressing gowns 
and robes threaten to disrupt the U.S. market, the United States will 
request consultations with China with a view to easing or avoiding the 
disruption.

James C. Leonard, III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 04-28257 Filed 12-23-04; 8:45 am]
BILLING CODE 3510-DS-P