[Federal Register Volume 70, Number 195 (Tuesday, October 11, 2005)]
[Notices]
[Pages 59037-59038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20404]


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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

October 5, 2005.
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 men's and boys' cotton and 
man-made fiber shirts, not knit (Category 340/640).

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SUMMARY: On September 14, 2005, the Committee received a request from 
the American Manufacturing Trade Action Coalition, the National Council 
of Textile Organizations, the National Textile Association, SEAMS, and 
UNITE HERE requesting that the Committee reapply a limit on imports 
from China of men's and boys' cotton and man-made fiber shirts, not 
knit (Category 340/640). They request that a textile and apparel 
safeguard action, as provided for in the Report of the Working Party on 
the Accession of China to the World Trade Organization (the Accession 
Agreement), be reapplied on imports of such shirts. The current limit 
on men's and boys' cotton and man-made fiber shirts, not knit expires 
on December 31, 2005. The Committee hereby solicits public comments on 
this request, in particular with regard to whether imports from China 
of such shirts are, due to the threat of market disruption, threatening 
to impede the orderly development of trade in this product. Comments 
must be submitted by November 10, 2005, to the Chairman, Committee for 
the Implementation of Textile Agreements, Room 3001A, United States 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
DC 20230.

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 Report of the Working Party on the Accession of China to the 
World Trade Organization (WTO) provides that, if a WTO Member, such as 
the United States, believes that imports of Chinese origin textile and 
apparel products are, ``due to market disruption, threatening to impede 
the orderly development of trade in these products'', it may 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 month in which the request was 
made.
    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 September 14, 2005, the Committee received a request that an 
Accession Agreement textile and apparel safeguard action be reapplied 
on imports from China of men's and boys' cotton and man-made fiber 
shirts, not knit (Category 340/640). The Committee has determined that 
this request provides the information necessary for the Committee to 
consider the request in light of the considerations set forth in the 
Procedures. The text of the request is available at http://otexa.ita.doc.gov/Safeguard05.htm.
    The Committee is soliciting public comments on this request, in 
particular with regard to whether there is a threat of disruption to 
the U.S. market for men's and boys' cotton and man-made fiber shirts, 
not knit and, if so, the role of Chinese-origin men's and boys' cotton 
and man-made fiber shirts, not knit 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 be removed on 
December 31, 2005: (1) Whether men's and boys' cotton and man-made 
fiber shirts, not knit imports 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 men's and 
boys' cotton and man-made fiber shirts, not knit 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 men's and boys' 
cotton and man-made fiber shirts, not knit, or to an imminent and 
substantial increase

[[Page 59038]]

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 men's and boys' cotton and man-made 
fiber shirts, not knit 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 
market); (4) The level and the extent of any recent change in 
inventories of men's and boys' cotton and man-made fiber shirts, not 
knit in China or in U.S. bonded warehouses; (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 men's and boys' cotton and man-made fiber shirts, not 
knit, and whether actual or anticipated imports of Chinese-origin men's 
and boys' cotton and man-made fiber shirts, not knit are likely to 
affect the development and production efforts of the U.S. men's and 
boys' cotton and man-made fiber shirts, not knit industry; and (6) 
Whether U.S. managers, retailers, purchasers, importers or other market 
participants have recognized Chinese producers of men's and boys' 
cotton and man-made fiber shirts, not knit 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 November 10, 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 N.W., 
Washington, DC 20230.
    If a comment alleges that there is no threat of market disruption 
or that the subject imports are not threatening to cause market 
disruption, the Committee will closely review any supporting 
information and documentation, such as information about domestic 
production or prices of like or directly competitive products. 
Particular consideration will be given to comments representing the 
views of actual producers in the United States of a like or directly 
competitive product.
    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 - 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 expects to 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, however, 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 men's 
and boys' cotton and man-made fiber shirts, not knit are, due to the 
threat of market disruption, threatening to impede the orderly 
development of trade in these products, the United States will request 
consultations with China with a view to easing or avoiding the 
disruption in accordance with the Accession Agreement and the 
Committee's Procedures.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 05-20404 Filed 10-6-05; 1:36 pm]
BILLING CODE 3510-DS-S