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Procedures for Considering Requests from the Public for Textile and Apparel Safeguard Actions

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Procedures for Considering Requests from the Public for Textile and Apparel Safeguard Actions 28544 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices COMMITTEE FOR THE The import tariff 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 safeguard fall From the Public for Textile and Apparel imported into the United States in such within the foreign affairs exception to Safeguard Actions on Imports 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 Trade 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 business 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 Free Trade 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 Trade Agreement (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 duty 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 VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1 emcdonald on DSK2BSOYB1PROD with NOTICES 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.
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