30368 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: May 25, 2010 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–12989 Filed 5–28–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Proposed Information Collection; 

Comment Request; Foreign Availability 

Procedures and Criteria 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before August 2, 2010. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Larry Hall, BIS ICB Liaison, 

(202) 482–4895, lhall@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This information is collected in order 

to respond to requests by Congress and 

industry to make foreign availability 

determinations in accordance with 

Section 768 of the Export 

Administration Regulations. Exporters 

are urged to voluntarily submit data to 

support the contention that items 

controlled for export for national 

security reasons are available-in-fact, 

from a non-U.S. source, in sufficient 

quantity and of comparable quality so as 

to render the control ineffective. 

II. Method of Collection 

Submitted electronically or in paper 

form. 

III. Data 

OMB Control Number: 0694–0004. 

Form Number(s): None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 2. 

Estimated Time per Response: 255 

hours. 

Estimated Total Annual Burden 

Hours: 510. 

Estimated Total Annual Cost to 

Public: $20. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: May 25, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–12988 Filed 5–28–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Proposed Information Collection; 

Comment Request; Procedures for 

Considering Requests and Comments 

From the Public for Textile and Apparel 

Safeguard Actions on Imports From 

Peru 

AGENCY: International Trade 

Administration (ITA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before August 2, 2010. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Robert Carrigg, Office of 

Textiles and Apparel, U.S. Department 

of Commerce, Telephone: 202–482– 

2573, Fax: 202–482–0858, E-mail: 

Robert.Carrigg@trade.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

Title III, subtitle B, section 321 

through Section 328 of the United 

States-Peru Free Trade Agreement 

Implementation Act (the ‘‘Act’’) 

implements the textile and apparel 

safeguard provisions, provided for in 

Article 3.1 of the United States-Peru 

Free Trade Agreement (the 

‘‘Agreement’’). This safeguard 

mechanism applies when, as a result of 

the elimination of a customs duty under 

the Agreement, a Peruvian 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 Peru to a level 

that does not exceed the lesser of the 


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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 30369 

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 entered into force. 

The Statement of Administrative 

Action accompanying the Act provides 

that the Committee for the 

Implementation of Textile Agreements 

(CITA) will issue procedures for 

requesting such safeguard measures, for 

making its determinations under 

Section 322(a) of the Act, and for 

providing relief under section 322(b) of 

the Act. 

In Proclamation No. 8341 

(74 FR 4103–4109, January 22, 2009), 

the President delegated to CITA his 

authority under Subtitle B of Title III of 

the Act with respect to textile and 

apparel safeguard measures. 

CITA must collect information in 

order to determine whether a domestic 

textile or apparel industry is being 

adversely impacted by imports of these 

products from Peru, thereby allowing 

CITA to take corrective action to protect 

the viability of the domestic textile 

industry, subject to section 322(b) of the 

Act. 

Pursuant to section 321(a) of the Act 

and section 9 of Presidential 

Proclamation 8341, an interested party 

in the U.S. domestic textile and apparel 

industry may file a request for a textile 

and apparel safeguard action with CITA. 

Consistent with long-standing CITA 

practice in considering textile safeguard 

actions, CITA will consider an 

interested party to be 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 

Peruvian 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 Peruvian 

textile or apparel article. 

In order for a request to be 

considered, the requestor must provide 

the following information in support of 

a claim that a textile or apparel article 

from Peru 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: (1) Name and 

description of the imported article 

concerned; (2) import data 

demonstrating that imports of a 

Peruvian 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; (3) 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, along with 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; (4) imports from Peru as a 

percentage of the domestic market of the 

like or directly competitive article; and 

(5) 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 

Peru 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. 

If CITA determines that the request 

provides the information necessary for it 

to be considered, CITA will publish a 

notice in the Federal Register seeking 

public comments regarding the request. 

The comment period shall be 30 

calendar days. The notice will include 

a summary of the request. Any 

interested party may submit information 

to rebut, clarify, or correct public 

comments submitted by any interested 

party. 

CITA will make a determination on 

any request it considers within 60 

calendar days of the close of the 

comment period. If CITA is unable to 

make a determination within 60 

calendar days, it will publish a notice in 

the Federal Register, including the date 

it will make a determination. 

If a determination under Section 

322(b) of the Act is affirmative, CITA 

may provide tariff relief to a U.S. 

industry to the extent necessary to 

remedy or prevent serious damage or 

actual threat thereof and to facilitate 

adjustment by the domestic industry to 

import competition. The import tariff 

relief is effective beginning on the date 

that CITA’s affirmative determination is 

published in the Federal Register. 

Entities submitting requests, 

responses or rebuttals to CITA may 

submit both a public and confidential 

version of their submissions. If the 

request is accepted, the public version 

will be posted on the dedicated Peru 

Free Trade Agreement textile safeguards 

section of the Office of Textile and 

Apparel (OTEXA) Web site. The 

confidential version of the request, 

responses or rebuttals will not be shared 

with the public as it may contain 

business confidential information. 

Entities submitting responses or 

rebuttals may use the public version of 

the request as a basis for responses. 

II. Method of Collection 

When an interested party files a 

request for a textile and apparel 

safeguard action with CITA, ten copies 

of any such request must be provided in 

a paper format. If business confidential 

information is provided, two copies of 

a non-confidential version must also be 

provided. 

III. Data 

OMB Control Number: None. 

Form Number(s): None. 

Type of Review: Regular submission. 

Affected Public: Individuals or 

households; business or other for-profit 

organizations. 

Estimated Number of Respondents: 6 

(1 for Request; 5 for Comments). 

Estimated Time per Response: 4 hours 

for a Request; and 4 hours for each 

Comment. 

Estimated Total Annual Burden 

Hours: 24. 

Estimated Total Annual Cost to 

Public: $960. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: May 25, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–12985 Filed 5–28–10; 8:45 am] 

BILLING CODE 3510–DS–P 


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