### 28544 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices

**COMMITTEE FOR THE**

**IMPLEMENTATION OF TEXTILE**

**AGREEMENTS**

**Procedures for Considering Requests From the Public for Textile and Apparel**  **Safeguard Actions on Imports From**

**Oman**

May 17, 2010.

**AGENCY :**  The Committee for the Implementation of Textile Agreements (the ‘‘ Committee ’’ ).

**ACTION :**  Notice of procedures.

**SUMMARY :**  This notice sets forth the procedures the Committee will follow in considering requests from the public for textile and apparel safeguard actions as provided for in title III, subtitle B, section 321 through section 328 of the

United States-Oman Free Trade Agreement Implementation Act.

**DATES :**  Effective Date: May 21, 2010.

**ADDRESSES :**  Requests must be submitted to: Chairman, Committee for the Implementation of Textile Agreements, Room H3100, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230.

**FOR FURTHER INFORMATION CONTACT :**  Maria D’Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–1550.

**SUPPLEMENTARY INFORMATION :** 

Title III, subtitle B, section 321 through section 328 of the United States-Oman Free Trade Agreement Implementation Act (the ‘‘Act’’ ) implements the textile and apparel safeguard provisions, provided for in

Article 3.1 of the United States-Oman Free Trade Agreement (the

‘‘Agreement’’ ). The safeguard mechanism applies when, as a result of the elimination of a customs duty under the Agreement, an Omani 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 Oman 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 enters into force.

In Presidential Proclamation 8332 of December 29, 2008 (73 FR 80289 (Dec. 31, 2008)), the President delegated to

the Committee certain functions under

subtitle B of title III of the Act. The import tariff relief is effective beginning on the date that the

Committee determines that an ‘‘ Omani textile or apparel article ’’ as defined in section 301(2) of the Act, 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. Consistent with section 323(a) of the Act, the maximum period of import tariff relief, as set forth in section 3 of this notice, shall be three years. However, if the initial period for import tariff relief is less than three years, consistent with section 323(b) of the Act, the Committee may extend the period of import relief to the maximum three years if the Committee determines that the continuation is necessary to remedy or prevent serious damage or

actual threat thereof and to facilitate adjustment by the domestic industry to import competition, and that the domestic industry is, in fact, making a positive adjustment to import competition. Import tariff relief may not be applied to the same article under these procedures if (1) relief previously has been granted with respect to that article under these provisions; or (2) the article is subject to relief under Chapter

1 of Title II of the Trade Act of 1974.

Authority to provide import tariff relief with respect to an Omani textile or apparel article will expire ten years

after duties on the article are eliminated pursuant to the Agreement.

Under Article 3.1.6 of the Agreement, if the United States provides relief to a domestic industry under the textile and apparel safeguard, it must provide

Oman ‘‘ mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to

the value of the additional duties expected to result from the emergency

action. ’’ Such concessions shall be limited to textile and apparel products,

unless the United States and Oman agree otherwise. If the United States and Oman are unable to agree on trade liberalizing compensation, Oman may increase customs duties equivalently on U.S. products. The obligation to provide compensation terminates upon termination of the safeguard relief.

Section 327 of the Act extends the President’s authority to provide compensation under section 123 of the Trade Act of 1974 (19 U.S.C. 2133), as amended, to measures taken pursuant to the Agreement’s textile and apparel safeguard provisions. In order to facilitate the implementation of Title III, Subtitle B, section 321 through section 328 of the Act, the Committee has determined that actions taken under this safeguard fall within the foreign affairs exception to the rulemaking provision of 5 U.S.C. 553(a)(1). These procedures are not subject to the requirement to provide prior notice and opportunity for public comment, pursuant to 5 U.S.C. 553(a)(1) and 553(b)(A).

Procedures for Requesting Textile and Apparel Safeguard Actions

1. Requirements for Requests. Pursuant to section 321(a) of the Act

and section 7 of Presidential Proclamation 8332 of December 29, 2008, an interested party may file a request for a textile and apparel safeguard action with the Committee. The Committee will review requests from the interested party sent to the Chairman, Committee for the Implementation of Textile Agreements, Room 3100, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230. Ten copies of any such request must be provided. As provided in section 328 of the Act, the Committee will protect from disclosure any business confidential

information that is marked ‘‘business

confidential ’’ 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. At the conclusion of the request, an interested party must attest that ‘‘ all information contained in the request is complete and accurate and no false claims, statements, or representations

have been made. ’’ Consistently with section 321(a) of the Act, the Committee will review a request initially to

determine whether to commence consideration of the request on its merits. Within 15 working days of receipt of a request, the Committee will determine whether the request provides the information necessary for the Committee to consider the request in light of the considerations set forth below. If the request does not, the Committee will promptly notify the requester of the reasons for this determination and the request will not be considered. However, the Committee will reevaluate any request that is

resubmitted with additional

information.

Consistent with longstanding Committee practice in considering textile safeguard actions, the Committee will consider an interested party to be


### 28545 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices

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 Omani 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 Omani textile or apparel article.

A request will only be considered if the request includes the specific information set forth below in support of a claim that a textile or apparel article from Oman 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.

A. Product description. Name and description of the imported article concerned, including the category or categories or part thereof of the U.S. Textile and Apparel Category System (see ‘‘ Textile Correlation ’’ at http:// otexa.ita.doc.gov/corr.htm [HJ1]) under which such article is classified, the

Harmonized Tariff Schedule of the United States subheading(s) under which such article is classified, and the name and description of the like or directly competitive domestic article

concerned.

B. Import data. The following data, in quantity by category unit (see ‘‘ Textile

Correlation ’’ ), on total imports of the subject article into the United States and imports from Oman into the United

States:

* Annual data for the most recent three full calendar years for which such data are available;

* Quarterly data for the most recent year for which such data are partially available, and quarterly data for the same quarter(s) of the previous year (e.g. January–March 2010, April–June 2010 and January–March 2009, April–June 2009).

The data should demonstrate that imports of an Omani 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.

C. Production data. The following data, in quantity by category unit (see

‘‘ Textile Correlation ’’ ), on 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: * Annual data for the most recent three full calendar years for which such data are available;

* Quarterly data for the most recent year for which such data are partially available, and quarterly data for the same quarter(s) of the previous year (e.g. January–March 2010, April–June 2010 and January–March 2009, April–June 2009).

If the like or directly competitive article(s) of U.S. origin does not correspond to a category or categories of the U.S. Textile and Apparel Category system for which production data are

available from official statistics of the U.S. Department of Commerce (see ‘‘ U.S. Imports, Production, Markets, Import

Production Ratios and Domestic Market Shares for Textile and Apparel Product Categories ’’ at Web site http:// otexa.ita.doc.gov/ipbook.pdf ), the requester must provide a complete listing of all sources from which the

data were obtained and 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. In such cases, data should be reported in the first unit of quantity in the

Harmonized Tariff Schedule of the United States ( http://www.usitc.gov/
tata/hts ) for the Omani origin textile and/or apparel articles and the like or directly competitive articles of U.S. origin.

D. Market Share Data. The following data, in quantity by category unit (see

‘‘ Textile Correlation ’’ ), on imports from Oman as a percentage of the domestic market (defined as the sum of domestic production of the like or directly competitive article and total imports of the subject article); on total imports as a percentage of the domestic market; and on domestic production of like or directly competitive articles as a percentage of the domestic market:

* Annual data for the most recent three full calendar years for which such data are available;

* Quarterly data for the most recent year for which such data are partially available, and quarterly data for the same quarter(s) of the previous year (e.g. January–March 2010, April–June 2010 and January–March 2009, April–June 2009).

E. Additional data showing serious damage or actual threat thereof. All data available to the requester showing changes in productivity, utilization of capacity, inventories, exports, wages, employment, domestic prices, profits, and investment, and any other information, relating to the existence of serious damage or actual threat thereof caused by imports from Oman 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:

* Annual data for the most recent three full calendar years for which such data are available;

* Quarterly data for the most recent year for which such data are partially available, and quarterly data for the same quarter(s) of the previous year (e.g. January–March 2010, April–June 2010 and January–March 2009, April–June 2009).

2. Consideration of Requests. Consistent with section 321(b) of the Act, if the Committee determines that the request provides the information necessary for it to be considered, the Committee will cause to be published in

the Federal Register a notice seeking public comments regarding the request, which will include a summary of the request and the date by which

comments must be received. The Federal Register notice and the request, with the exception of information

marked ‘‘business confidential, ’’ will be posted by the Department of

Commerce’s Office of Textiles and Apparel ( ‘‘ OTEXA ’’ ) on the Internet ( http://otexa.ita.doc.gov ). The comment period shall be 30 calendar days. To the

extent business confidential information is provided, a non-confidential version must also be provided, in which

business confidential information is summarized or, if necessary, deleted. At

the conclusion of its submission of such public comments, an interested party

must attest that ‘‘ all information contained in the request is complete and accurate and no false claims, statements, or representations have been made. ’’ Comments received, with the exception

of information marked ‘‘business confidential, ’’ will be available in the Department of Commerce’s Trade Information Center for review by the public. If a comment alleges that there is no serious damage or actual threat thereof, or that the subject imports are not the cause of the serious damage or actual threat thereof, the Committee will closely review any supporting information and documentation, such as information about domestic production or prices of like or directly competitive articles. In the case of requests submitted by entities that are not the actual producers of a like or directly competitive article, particular consideration will be given to comments representing the views of actual producers in the United States of a like or directly competitive article.


### 28546 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices

Any interested party may submit information to rebut, clarify, or correct public comments submitted by any other interested party at any time prior to the deadline provided in this section for submission of such public comments. If public comments are submitted less than 10 days before, or on, the applicable deadline for submission of such public comments, an interested party may submit information to rebut, clarify, or correct the public comments no later than 10 days after the applicable deadline for submission of public comments.

With respect to any request considered by the Committee, the

Committee will make a determination within 60 calendar days of the close of the comment period. If the Committee is

unable to make a determination within 60 calendar days, it will cause to be published in 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

.

3. Determination and Provision of Relief. The Committee shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, an Omani 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 domestic industry producing an article that is like, or directly competitive with, the imported article. In making a determination, the Committee: (1) Shall examine the effect of increased imports on the domestic industry as reflected in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and (2) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof. The Committee, without delay, will provide

written notice of its decision to the

Government of Oman and will consult with said party upon its request.

If a determination under this section is affirmative, the Committee may provide import tariff relief to a U.S. industry to the extent necessary to remedy or prevent the serious damage

or actual threat thereof and to facilitate adjustment by the domestic industry to import competition. Such relief may consist of an increase in duties to the lower of: (1) The NTR/MFN duty rate in place for the textile or apparel article at the time the relief is granted; or (2) the NTR/MFN duty rate for that article on the day before the Agreement enters into

force.

The import tariff relief is effective beginning on the date that the

Committee’s affirmative determination is published in the Federal Register

. The maximum period of import tariff relief shall be three years. However, if the initial period for import relief is less than three years, the Committee may extend the period of import relief to the maximum three years if the Committee

determines that the continuation is necessary to remedy or prevent serious damage or actual threat thereof and to facilitate adjustment, and that there is evidence that the domestic industry is making a positive adjustment to import competition. Import tariff relief may not be imposed for an aggregate period greater than three years. Import tariff relief may not be applied to the same article under these procedures if relief previously has been granted with respect to that article under: (1) These provisions; or (2) Chapter 1 of Title II of

the Trade Act of 1974.

Authority to provide import tariff relief for a textile or apparel article from Oman that 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, will expire ten years after duties on the article are eliminated pursuant to this Agreement.

4. Self Initiation. The Committee may, on its own initiative, consider whether imports of a textile or apparel article from Oman are 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 such considerations, the Committee will follow procedures consistent with those set forth in section 2 of this notice, including causing to be published in the Federal Register a notice seeking public comment regarding the action it is considering.

5. Record Keeping and Business Confidential Information. OTEXA will

maintain an official record for each request on behalf of the Committee. The

official record will include all factual information, written argument, or other material developed by, presented to, or obtained by OTEXA regarding the request, as well as other material provided to the Department of Commerce by other government agencies for inclusion in the official

record. The official record will include Committee memoranda pertaining to the request, memoranda of Committee meetings, meetings between OTEXA staff and the public, determinations, and notices published in the Federal Register. The official record will contain material which is public, business confidential, privileged, and classified, but will not include pre-decisional inter-agency or intra-agency
communications. If the Committee decides it is appropriate to consider materials submitted in an untimely manner, such materials will be

maintained in the official record. Otherwise, such material will be

returned to the submitter and will not be maintained as part of the official

record. OTEXA will make the official record public except for business confidential information, privileged information, classified information, and

other information the disclosure of which is prohibited by U.S. law. The public record will be available to the public for inspection and copying in a public reading room located in the Department of Commerce, Trade

Information Center.

Information designated by the

submitter as business confidential will normally be considered to be business confidential unless it is publicly available. The Committee will protect from disclosure any business

confidential information that is marked

‘‘business confidential ’’ to the full extent permitted by law. To the extent that

business confidential information isprovided, two copies of a nonconfidential version must also be provided, in which business

confidential information is summarized or, if necessary, deleted. The Committeewill make available to the public nonconfidential versions of the request that is being considered, non-confidential versions of any public comments received with respect to a request, and, in the event consultations are requested,

the statement of the reasons and justifications for the determination subsequent to the delivery of the

statement to Oman.

Paperwork Reduction Act: The notice

contains a collection of information subject to the requirements of the Paperwork Reduction Act ( ‘‘PRA ’’ ). The Office of Management and Budget ( ‘‘ OMB ’’ ) has approved the collection of information related to procedures for considering requests from the public for textile and apparel safeguard actions on


### 28547 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices

imports from Oman under control number 0625–0266. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements

of the PRA unless the collection of information displays a currently valid

OMB control number.

Kim Glas, Chairman, Committee for the Implementation of Textile Agreements.

[FR Doc. 2010–12285 Filed 5–20–10; 8:45 am]

**BILLING CODE 3510–DS–P**

**DEPARTMENT OF COMMERCE**

**International Trade Administration**

**Aerospace Supplier Mission to Russia**

**AGENCY :**  International Trade Administration, Department of

Commerce.

**ACTION :**  Notice.

Mission Description

The U.S. Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service, is organizing an Aerospace Supplier Mission to Moscow, October 3–5, 2010 and to Ulyanovsk October 5–7 (returning to Moscow on October 8th for departure to the United States). This aerospace mission, to be led by a senior U.S. Department of Commerce official, is designed to provide U.S. aerospace companies (particularly Small and Medium-Sized Enterprises) with a highly efficient and cost-effective opportunity to establish profitable commercial relationships with prospective agents, distributors and end-users in Russia’s aerospace market. Participating U.S. companies will receive market intelligence briefings by Russian industry experts, information on how to do business in Russia, networking opportunities and most importantly, pre-scheduled, one-on-one meetings with Russian aerospace company representatives. Mission participants will also benefit from visiting key local aerospace original equipment manufacturers and will have the opportunity to speak with procurement managers about supply chain opportunities. This mission is an ideal opportunity for U.S. aerospace companies to gain valuable international business experience in a rapidly growing market. This mission presents strong potential for success with the ongoing support of the U.S.

Commercial Service in Russia.

Commercial Setting

With over 140 million consumers, a growing middle class, and significant infrastructure needs, Russia remains one of the most promising markets for U.S. exporters. In 2009, per capita personal disposable income ($4,830) and GDP ($15,200) were the highest among the BRIC countries. Prior to the global economic crisis, during which 2009GDP declined 7.9%, Russia had a nineyear run of continuous rapid economic expansion, with GDP growing approximately 7% annually. Most domestic and international experts believe that Russia emerged from recession in the third quarter of 2009; forecasts for 2010 growth in GDP range from 3.3% to 6.2%. Experts also expect

that market conditions for U.S. and other exporters will improve as the recovery picks up speed.

$ millions 2008 2009 2010 (estimate)

Total Market Size .............................................................................................................. ........... 2,812 4,287 6,067

Total Local Production ......................................................................................................... ........ 3,100 3,777 4,476 Total Exports .................................................................................................................. .............. 2,326 2,288 2,250 Total Imports .................................................................................................................. .............. 2,038 2,798 3,841 Imports from the U.S. .......................................................................................................... ........ 513 597 694

The Russian aviation industry remains an important strategic industry and a promising market for foreign suppliers of aircraft equipment. In 2009, state financing of the industry increased twenty-fold as compared with 2004. The Russian government plays an active role in supporting the industry. UnitedAircraft Corporation (UAC), a statecontrolled corporation established in 2006, spearheads the development of the national aviation industry.

In 2009, the Russian government allocated 19.45 billion rubles ($644 million) to the development of the industry under a federal program. In addition to traditional types of support,

such as direct contributions to UAC’s authorized capital and interest rate subsidies on modernization loans, the government also extended new subsidies for loans to support innovation and investment projects. This all signals an increased interest by Russian OEMs and tier suppliers to consider new procurement, which in turn opens broad prospects for U.S. suppliers of aircraft systems, components, machine tools and

materials.

Since the Russian aviation industry

consists of several intertwined industries (airframe, helicopter, engine building) and submarkets (OEMs, tier suppliers, distributors), opportunities for U.S. suppliers are not limited simply to a certain type of product, but cut across a variety of products along the production chain. These opportunities range from advanced machine tools and aviation materials to software, small and large components and spare parts, and complete on-board systems.

Mission Goals

The trade mission’s goal is to introduce U.S. exporters of aerospacesupply chain products to potential endusers and partners, including potential agents, distributors, and licensees, with the aim of creating business partnerships that will contribute to increasing U.S. exports to the Russian aerospace market, particularly the aircraft and aircraft parts market. The trade mission’s purpose is to advance ITA’s goal to broaden and deepen the U.S. exporter base by providing individual participants with opportunities to achieve aerospace export success in Russia.

Mission Scenario

Participants in the mission to Russia will benefit from a full range of business facilitation and trade promotion services provided by the U.S. Commercial Service in Russia, including: Meetings with individuals from both the public sector and private business. Participants will receive a briefing by Russian experts on the local aerospace market, as well as an overview of the country’s economic and political environment and how to do business in the complex

Russian market. The mission will include one-to-one business meetings between U.S. participants and potential Russian end-users and partners, and site visits to aircraft manufacturing facilities and aerospace original aerospace