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

COMMITTEE FOR THE The relief is effective In order to facilitate the IMPLEMENTATION OF TEXTILE beginning on the date that the implementation of Title III, Subtitle B, AGREEMENTS Committee determines that an ‘‘Omani section 321 through section 328 of the textile or apparel article’’ as defined in Act, the Committee has determined that Procedures for Considering Requests section 301(2) of the Act, is being actions taken under this fall From the Public for Textile and Apparel imported into the United States in such within the foreign affairs exception to Safeguard Actions on From increased quantities, in absolute terms the rulemaking provision of 5 U.S.C. Oman or relative to the domestic market for 553(a)(1). These procedures are not that article, and under such conditions subject to the requirement to provide May 17, 2010. as to cause serious damage, or actual prior notice and opportunity for public AGENCY: The Committee for the threat thereof, to a U.S. industry comment, pursuant to 5 U.S.C. 553(a)(1) Implementation of Textile Agreements producing an article that is like, or and 553(b)(A). (the ‘‘Committee’’). directly competitive with, the imported Procedures for Requesting Textile and ACTION: Notice of procedures. article. Consistent with section 323(a) of Apparel Safeguard Actions SUMMARY: This notice sets forth the the Act, the maximum period of import 1. Requirements for Requests. procedures the Committee will follow in tariff relief, as set forth in section 3 of Pursuant to section 321(a) of the Act considering requests from the public for this notice, shall be three years. and section 7 of Presidential textile and apparel safeguard actions as However, if the initial period for import Proclamation 8332 of December 29, provided for in title III, subtitle B, tariff relief is less than three years, 2008, an interested party may file a section 321 through section 328 of the consistent with section 323(b) of the request for a textile and apparel United States-Oman Free Act, the Committee may extend the safeguard action with the Committee. Agreement Implementation Act. period of import relief to the maximum three years if the Committee determines The Committee will review requests DATES: Effective Date: May 21, 2010. that the continuation is necessary to from the interested party sent to the ADDRESSES: Requests must be submitted remedy or prevent serious damage or Chairman, Committee for the to: Chairman, Committee for the actual threat thereof and to facilitate Implementation of Textile Agreements, Implementation of Textile Agreements, adjustment by the domestic industry to Room 3100, U.S. Department of Room H3100, U.S. Department of import competition, and that the Commerce, 14th and Constitution Commerce, 14th and Constitution domestic industry is, in fact, making a Avenue, NW., Washington, DC 20230. Avenue, NW., Washington, DC 20230. positive adjustment to import Ten copies of any such request must be FOR FURTHER INFORMATION CONTACT: competition. Import tariff relief may not provided. As provided in section 328 of Maria D’Andrea, Office of Textiles and be applied to the same article under the Act, the Committee will protect from Apparel, U.S. Department of Commerce, these procedures if (1) relief previously disclosure any confidential (202) 482–1550. has been granted with respect to that information that is marked ‘‘business SUPPLEMENTARY INFORMATION: article under these provisions; or (2) the confidential’’ to the full extent permitted Title III, subtitle B, section 321 article is subject to relief under Chapter by law. To the extent that business through section 328 of the United 1 of Title II of the Trade Act of 1974. confidential information is provided, States-Oman Agreement Authority to provide import tariff two copies of a non-confidential version Implementation Act (the ‘‘Act’’) relief with respect to an Omani textile must also be provided, in which implements the textile and apparel or apparel article will expire ten years business confidential information is safeguard provisions, provided for in after duties on the article are eliminated summarized or, if necessary, deleted. At Article 3.1 of the United States-Oman pursuant to the Agreement. the conclusion of the request, an Free (the Under Article 3.1.6 of the Agreement, interested party must attest that ‘‘all ‘‘Agreement’’). The safeguard if the United States provides relief to a information contained in the request is mechanism applies when, as a result of domestic industry under the textile and complete and accurate and no false the elimination of a customs under apparel safeguard, it must provide claims, statements, or representations the Agreement, an Omani textile or Oman ‘‘mutually agreed trade have been made.’’ Consistently with apparel article is being imported into liberalizing compensation in the form of section 321(a) of the Act, the Committee the United States in such increased concessions having substantially will review a request initially to quantities, in absolute terms or relative equivalent trade effects or equivalent to determine whether to commence to the domestic market for that article, the value of the additional duties consideration of the request on its and under such conditions as to cause expected to result from the emergency merits. Within 15 working days of serious damage or actual threat thereof action.’’ Such concessions shall be receipt of a request, the Committee will to a U.S. industry producing a like or limited to textile and apparel products, determine whether the request provides directly competitive article. In these unless the United States and Oman the information necessary for the circumstances, Article 3.1 permits the agree otherwise. If the United States and Committee to consider the request in United States to increase duties on the Oman are unable to agree on trade light of the considerations set forth imported article from Oman to a level liberalizing compensation, Oman may below. If the request does not, the that does not exceed the lesser of the increase customs duties equivalently on Committee will promptly notify the prevailing U.S. normal trade relations U.S. products. The obligation to provide requester of the reasons for this (‘‘NTR’’)/most-favored-nation (‘‘MFN’’) compensation terminates upon determination and the request will not duty rate for the article or the U.S. NTR/ termination of the safeguard relief. be considered. However, the Committee MFN duty rate in effect on the day Section 327 of the Act extends the will reevaluate any request that is before the Agreement enters into force. President’s authority to provide resubmitted with additional In Presidential Proclamation 8332 of compensation under section 123 of the information. December 29, 2008 (73 FR 80289 (Dec. Trade Act of 1974 (19 U.S.C. 2133), as Consistent with longstanding 31, 2008)), the President delegated to amended, to measures taken pursuant to Committee practice in considering the Committee certain functions under the Agreement’s textile and apparel textile safeguard actions, the Committee subtitle B of title III of the Act. safeguard provisions. will consider an interested party to be

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

an entity (which may be a trade * Annual data for the most recent caused by imports from Oman to the association, firm, certified or recognized three full calendar years for which such industry producing the like or directly union, or group of workers) that is data are available; competitive article that is the subject of representative of either: (A) A domestic * Quarterly data for the most recent the request. To the extent that such producer or producers of an article that year for which such data are partially information is not available, the is like or directly competitive with the available, and quarterly data for the requester should provide best estimates subject Omani textile or apparel article; same quarter(s) of the previous year (e.g. and the basis therefore: or (B) a domestic producer or producers January–March 2010, April–June 2010 * Annual data for the most recent of a component used in the production and January–March 2009, April–June three full calendar years for which such of an article that is like or directly 2009). data are available; competitive with the subject Omani If the like or directly competitive * Quarterly data for the most recent textile or apparel article. article(s) of U.S. origin does not year for which such data are partially A request will only be considered if correspond to a category or categories of available, and quarterly data for the the request includes the specific the U.S. Textile and Apparel Category same quarter(s) of the previous year (e.g. information set forth below in support system for which production data are January–March 2010, April–June 2010 of a claim that a textile or apparel article available from official statistics of the and January–March 2009, April–June from Oman is being imported into the U.S. Department of Commerce (see ‘‘U.S. 2009). United States in such increased Imports, Production, Markets, Import 2. Consideration of Requests. quantities, in absolute terms or relative Production Ratios and Domestic Market Consistent with section 321(b) of the to the domestic market for that article, Shares for Textile and Apparel Product Act, if the Committee determines that and under such conditions as to cause Categories’’ at Web site http:// the request provides the information serious damage or actual threat thereof, otexa.ita.doc.gov/ipbook.pdf), the necessary for it to be considered, the to a U.S. industry producing an article requester must provide a complete Committee will cause to be published in that is like, or directly competitive with, listing of all sources from which the the Federal Register a notice seeking the imported article. data were obtained and an affirmation public comments regarding the request, A. Product description. Name and that to the best of the requester’s which will include a summary of the description of the imported article knowledge, the data represent request and the date by which concerned, including the category or substantially all of the domestic comments must be received. The categories or part thereof of the U.S. production of the like or directly Federal Register notice and the request, Textile and Apparel Category System competitive article(s) of U.S. origin. In with the exception of information (see ‘‘Textile Correlation’’ at http:// such cases, data should be reported in marked ‘‘business confidential,’’ will be otexa.ita.doc.gov/corr.htm[HJ1]) under the first unit of quantity in the posted by the Department of which such article is classified, the Harmonized Tariff Schedule of the Commerce’s Office of Textiles and Harmonized Tariff Schedule of the United States (http://www.usitc.gov/ Apparel (‘‘OTEXA’’) on the Internet United States subheading(s) under tata/hts) for the Omani origin textile (http://otexa.ita.doc.gov). The comment which such article is classified, and the and/or apparel articles and the like or period shall be 30 calendar days. To the name and description of the like or directly competitive articles of U.S. extent business confidential information directly competitive domestic article origin. is provided, a non-confidential version concerned. D. Market Share Data. The following must also be provided, in which B. Import data. The following data, in data, in quantity by category unit (see business confidential information is quantity by category unit (see ‘‘Textile ‘‘Textile Correlation’’), on imports from summarized or, if necessary, deleted. At Correlation’’), on total imports of the Oman as a percentage of the domestic the conclusion of its submission of such subject article into the United States and market (defined as the sum of domestic public comments, an interested party imports from Oman into the United production of the like or directly must attest that ‘‘all information States: competitive article and total imports of contained in the request is complete and * Annual data for the most recent the subject article); on total imports as accurate and no false claims, statements, three full calendar years for which such a percentage of the domestic market; or representations have been made.’’ data are available; and on domestic production of like or Comments received, with the exception * Quarterly data for the most recent directly competitive articles as a of information marked ‘‘business year for which such data are partially percentage of the domestic market: confidential,’’ will be available in the available, and quarterly data for the * Annual data for the most recent Department of Commerce’s Trade same quarter(s) of the previous year (e.g. three full calendar years for which such Information Center for review by the January–March 2010, April–June 2010 data are available; public. If a comment alleges that there and January–March 2009, April–June * Quarterly data for the most recent is no serious damage or actual threat 2009). year for which such data are partially thereof, or that the subject imports are The data should demonstrate that available, and quarterly data for the not the cause of the serious damage or imports of an Omani origin textile or same quarter(s) of the previous year (e.g. actual threat thereof, the Committee will apparel article that are like or directly January–March 2010, April–June 2010 closely review any supporting competitive with the articles produced and January–March 2009, April–June information and documentation, such as by the domestic industry concerned are 2009). information about domestic production increasing in absolute terms or relative E. Additional data showing serious or prices of like or directly competitive to the domestic market for that article. damage or actual threat thereof. All articles. In the case of requests C. Production data. The following data available to the requester showing submitted by entities that are not the data, in quantity by category unit (see changes in productivity, utilization of actual producers of a like or directly ‘‘Textile Correlation’’), on U.S. domestic capacity, inventories, , wages, competitive article, particular production of the like or directly employment, domestic prices, profits, consideration will be given to comments competitive articles of U.S. origin and investment, and any other representing the views of actual indicating the nature and extent of the information, relating to the existence of producers in the United States of a like serious damage or actual threat thereof: serious damage or actual threat thereof or directly competitive article.

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

Any interested party may submit consist of an increase in duties to the obtained by OTEXA regarding the information to rebut, clarify, or correct lower of: (1) The NTR/MFN duty rate in request, as well as other material public comments submitted by any place for the textile or apparel article at provided to the Department of other interested party at any time prior the time the relief is granted; or (2) the Commerce by other government to the deadline provided in this section NTR/MFN duty rate for that article on agencies for inclusion in the official for submission of such public the day before the Agreement enters into record. The official record will include comments. If public comments are force. Committee memoranda pertaining to the submitted less than 10 days before, or The import tariff relief is effective request, memoranda of Committee on, the applicable deadline for beginning on the date that the meetings, meetings between OTEXA submission of such public comments, Committee’s affirmative determination staff and the public, determinations, and an interested party may submit is published in the Federal Register. notices published in the Federal information to rebut, clarify, or correct The maximum period of import tariff Register. The official record will contain the public comments no later than 10 relief shall be three years. However, if material which is public, business days after the applicable deadline for the initial period for import relief is less confidential, privileged, and classified, submission of public comments. than three years, the Committee may but will not include pre-decisional With respect to any request extend the period of import relief to the inter-agency or intra-agency considered by the Committee, the maximum three years if the Committee communications. If the Committee Committee will make a determination determines that the continuation is decides it is appropriate to consider within 60 calendar days of the close of necessary to remedy or prevent serious materials submitted in an untimely the comment period. If the Committee is damage or actual threat thereof and to manner, such materials will be unable to make a determination within facilitate adjustment, and that there is maintained in the official record. 60 calendar days, it will cause to be evidence that the domestic industry is Otherwise, such material will be published in a notice in the Federal making a positive adjustment to import returned to the submitter and will not Register, including the date by which it competition. Import tariff relief may not be maintained as part of the official will make a determination. If the be imposed for an aggregate period record. OTEXA will make the official Committee makes a negative greater than three years. Import tariff record public except for business determination, it will cause this relief may not be applied to the same confidential information, privileged determination and the reasons therefore article under these procedures if relief information, classified information, and to be published in the Federal Register. previously has been granted with other information the disclosure of 3. Determination and Provision of respect to that article under: (1) These which is prohibited by U.S. law. The Relief. The Committee shall determine provisions; or (2) Chapter 1 of Title II of public record will be available to the whether, as a result of the reduction or the Trade Act of 1974. public for inspection and copying in a elimination of a duty under the Authority to provide import tariff public reading room located in the Agreement, an Omani textile or apparel relief for a textile or apparel article from Department of Commerce, Trade article is being imported into the United Oman that is being imported into the Information Center. States in such increased quantities, in United States in such increased Information designated by the absolute terms or relative to the quantities, in absolute terms or relative submitter as business confidential will domestic market for that article, and to the domestic market for that article, normally be considered to be business under such conditions as to cause and under such conditions as to cause confidential unless it is publicly serious damage, or actual threat thereof, serious damage or actual threat thereof available. The Committee will protect to a domestic industry producing an to a U.S. industry producing a like or from disclosure any business article that is like, or directly directly competitive article, will expire confidential information that is marked competitive with, the imported article. ten years after duties on the article are ‘‘business confidential’’ to the full extent In making a determination, the eliminated pursuant to this Agreement. permitted by law. To the extent that Committee: (1) Shall examine the effect 4. Self Initiation. The Committee may, business confidential information is of increased imports on the domestic on its own initiative, consider whether provided, two copies of a non- industry as reflected in such relevant imports of a textile or apparel article confidential version must also be economic factors as output, from Oman are being imported into the provided, in which business productivity, utilization of capacity, United States in such increased confidential information is summarized inventories, market share, exports, quantities, in absolute terms or relative or, if necessary, deleted. The Committee wages, employment, domestic prices, to the domestic market for that article, will make available to the public non- profits, and investment, none of which and under such conditions as to cause confidential versions of the request that is necessarily decisive; and (2) shall not serious damage or actual threat thereof is being considered, non-confidential consider changes in technology or to a U.S. industry producing a like or versions of any public comments consumer preference as factors directly competitive article. In such received with respect to a request, and, supporting a determination of serious considerations, the Committee will in the event consultations are requested, damage or actual threat thereof. The follow procedures consistent with those the statement of the reasons and Committee, without delay, will provide set forth in section 2 of this notice, justifications for the determination written notice of its decision to the including causing to be published in the subsequent to the delivery of the Government of Oman and will consult Federal Register a notice seeking public statement to Oman. with said party upon its request. comment regarding the action it is Paperwork Reduction Act: The notice If a determination under this section considering. contains a collection of information is affirmative, the Committee may 5. Record Keeping and Business subject to the requirements of the provide import tariff relief to a U.S. Confidential Information. OTEXA will Paperwork Reduction Act (‘‘PRA’’). The industry to the extent necessary to maintain an official record for each Office of Management and Budget remedy or prevent the serious damage request on behalf of the Committee. The (‘‘OMB’’) has approved the collection of or actual threat thereof and to facilitate official record will include all factual information related to procedures for adjustment by the domestic industry to information, written argument, or other considering requests from the public for import competition. Such relief may material developed by, presented to, or textile and apparel safeguard actions on

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imports from Oman under control U.S. and Foreign Commercial Service, is companies to gain valuable number 0625–0266. Notwithstanding organizing an Aerospace Supplier international business experience in a any other provision of law, no person is Mission to Moscow, October 3–5, 2010 rapidly growing market. This mission required to respond to, nor shall any and to Ulyanovsk October 5–7 presents strong potential for success person be subject to a penalty for failure (returning to Moscow on October 8th for with the ongoing support of the U.S. to comply with, a collection of departure to the United States). This Commercial Service in Russia. information subject to the requirements aerospace mission, to be led by a senior of the PRA unless the collection of U.S. Department of Commerce official, Commercial Setting information displays a currently valid is designed to provide U.S. aerospace OMB control number. With over 140 million consumers, a companies (particularly Small and growing middle class, and significant Medium-Sized Enterprises) with a Kim Glas, infrastructure needs, Russia remains one highly efficient and cost-effective Chairman, Committee for the Implementation of the most promising markets for U.S. opportunity to establish profitable of Textile Agreements. exporters. In 2009, per capita personal [FR Doc. 2010–12285 Filed 5–20–10; 8:45 am] commercial relationships with prospective agents, distributors and disposable income ($4,830) and GDP BILLING CODE 3510–DS–P end-users in Russia’s aerospace market. ($15,200) were the highest among the Participating U.S. companies will BRIC countries. Prior to the global receive market intelligence briefings by economic crisis, during which 2009 DEPARTMENT OF COMMERCE Russian industry experts, information GDP declined 7.9%, Russia had a nine- Administration on how to do business in Russia, year run of continuous rapid economic networking opportunities and most expansion, with GDP growing Aerospace Supplier Mission to Russia importantly, pre-scheduled, one-on-one approximately 7% annually. Most meetings with Russian aerospace domestic and international experts AGENCY: International Trade company representatives. Mission believe that Russia emerged from Administration, Department of participants will also benefit from recession in the third quarter of 2009; Commerce. visiting key local aerospace original forecasts for 2010 growth in GDP range ACTION: Notice. equipment manufacturers and will have from 3.3% to 6.2%. Experts also expect the opportunity to speak with that market conditions for U.S. and Mission Description procurement managers about supply other exporters will improve as the The U.S. Department of Commerce, chain opportunities. This mission is an recovery picks up speed. International Trade Administration, ideal opportunity for U.S. aerospace

2010 $ millions 2008 2009 (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 suppliers of aircraft systems, aircraft and aircraft parts market. The remains an important strategic industry components, machine tools and trade mission’s purpose is to advance and a promising market for foreign materials. ITA’s goal to broaden and deepen the suppliers of aircraft equipment. In 2009, Since the Russian aviation industry U.S. exporter base by providing state financing of the industry increased consists of several intertwined individual participants with twenty-fold as compared with 2004. The industries (airframe, helicopter, engine opportunities to achieve aerospace Russian government plays an active role building) and submarkets (OEMs, tier success in Russia. in supporting the industry. United suppliers, distributors), opportunities Mission Scenario Aircraft Corporation (UAC), a state- for U.S. suppliers are not limited simply controlled corporation established in to a certain type of product, but cut Participants in the mission to Russia 2006, spearheads the development of across a variety of products along the will benefit from a full range of business the national aviation industry. production chain. These opportunities facilitation and trade promotion services In 2009, the Russian government range from advanced machine tools and provided by the U.S. Commercial allocated 19.45 billion rubles ($644 aviation materials to software, small and Service in Russia, including: Meetings million) to the development of the large components and spare parts, and with individuals from both the public industry under a federal program. In complete on-board systems. sector and private business. Participants addition to traditional types of support, will receive a briefing by Russian such as direct contributions to UAC’s Mission Goals experts on the local aerospace market, authorized capital and interest rate The trade mission’s goal is to as well as an overview of the country’s subsidies on modernization loans, the introduce U.S. exporters of aerospace economic and political environment government also extended new supply chain products to potential end- and how to do business in the complex subsidies for loans to support users and partners, including potential Russian market. The mission will innovation and investment projects. agents, distributors, and licensees, with include one-to-one business meetings This all signals an increased interest by the aim of creating business between U.S. participants and potential Russian OEMs and tier suppliers to partnerships that will contribute to Russian end-users and partners, and site consider new procurement, which in increasing U.S. exports to the Russian visits to aircraft manufacturing facilities turn opens broad prospects for U.S. aerospace market, particularly the and aerospace original aerospace