Fed. Reg. Notices — Solicitation of public comments c…

BILLING CODE 3510-22-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Solicitation of Public Comments on Request for Textile and Apparel Safeguard Action on Imports from China December 21, 2004. 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 brassieres and other body supporting garments (Category 349/649). SUMMARY: The Committee has received a request from the National Council of Textile Organizations, the National Textile Association, the American Manufacturing Trade Action Coalition, SEAMS, and UNITE HERE! (Requestors) asking the Committee to reapply the limit on imports from China of brassieres and other body supporting garments in accordance with the textile and apparel safeguard provision of the Working Party on the Accession of China to the World Trade Organization (the Accession Agreement).

On December 24, 2003 the Committee established an Accession Agreement limit on imports from China of brassieres and other body supporting garments, which will expire on December 23, 2004. The Committee hereby solicits public comments on this request. 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 textile and apparel safeguard provision of the Accession Agreement provides for the United States and other members of the World Trade Organization that believe imports of Chinese origin textile and apparel products are, due to market disruption, threatening to impede the orderly development of trade in these products to 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 request. If exports from China exceed that amount, the United States may enforce the restriction. 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 December 1, 2004, the Requestors asked the Committee to reapply an Accession Agreement textile and apparel safeguard action on imports from China of brassieres and other body supporting garments (Category 349/649) on the ground that an anticipated increase in imports of brassieres and other body supporting garments after December 23, 2004, threatens to disrupt the U.S. market for brassieres and other body supporting garments. The request is available at *http://otexa.ita.doc.gov/Safeguard_intro.htm* . In light of the considerations set forth in the Procedures, the Committee has determined that the Requestors have provided the information necessary for the Committee to consider the request. The Committee is soliciting public comments on the request, in particular with regard to whether there is a threat of disruption to the U.S. market for brassieres and other body supporting garments and, if so, the role of Chinese-origin brassieres and other body supporting garments 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 expire on December 23, 2004:

(1)Whether imports of brassieres and other body supporting garments 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 brassieres and other body supporting garments 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 brassieres and other body supporting garments, or to an imminent and substantial increase 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 brassieres and other body supporting garments 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 markets);

(4)The level and the extent of any recent change in inventories of brassieres and other body supporting garments 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 brassieres and other body supporting garments, and whether actual or anticipated imports of Chinese-origin brassieres and other body supporting garments are likely to affect the development and production efforts of the U.S. brassieres and other body supporting garments industry; and

(6)Whether U.S. managers, retailers, purchasers, importers, or other market participants have recognized Chinese producers of brassieres and other body supporting garments 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 **January 28, 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. 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 will 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 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 brassieres and other body supporting garments threaten to disrupt the U.S. market, the United States will request consultations with China with a view to easing or avoiding the disruption. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E4-3869 Filed 12-28-04; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Adjustment of an Import Limit for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textile Products Produced or Manufactured in Thailand December 21, 2004. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Issuing a directive to the Commissioner, Bureau of Customs and Border Protection adjusting a limit. EFFECTIVE DATE: December 28, 2004. FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-4212. For information on the quota status of this limit, refer to the Bureau of Customs and Border Protection website *(http://www.cbp.gov)* , or call

(202)344-2650. For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at *http://otexa.ita.doc.gov* . SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended. The current limit for Group II is being increased for carryover. A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see **Federal Register** notice 69 FR 4926, published on February 2, 2004). Also see 68 FR 60923, published on October 24, 2003. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements December 21, 2004. Commissioner, *Bureau of Customs and Border Protection, Washington, DC 20229* Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on October 20, 2003, by the Chairman, Committee for the Implementation of Textile Agreements. That directive concerns imports of certain cotton, wool, man-made fiber, silk blend and other vegetable fiber textiles and textile products, produced or manufactured in Thailand and exported during the twelve-month period which began on January 1, 2004 and extends through December 31, 2004. Effective on December 28, 2004, you are directed to adjust the limit for Group II shown below, as provided for under the Uruguay Round Agreement on Textiles and Clothing: Category Adjusted twelve-month limit 1 Group II 237, 331pt. 2 , 332-348, 351, 352, 359pt. 3 , 433-438, 440, 442-448, 459pt. 4 , 631pt. 5 , 633-648, 651, 652, 659-H 6 , 659pt. 7 , 845, 846 and 852, as a group 520,284,473 square meters equivalent. 1 The limit has not been adjusted to account for any imports exported after December 31, 2003. 2 Categories 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 3 Category 359pt.: all HTS numbers except 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545. 4 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 5 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 6 Category 659-H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 7 Category 659pt.: all HTS numbers except 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Category 659-H); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. The Committee for the Implementation of Textile Agreements has determined that this action falls within the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, D. Michael Hutchinson, *Acting Chairman, Committee for the Implementation of Textile Agreements.* [FR Doc. E4-3870 Filed 12-28-04; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textile Products Produced or Manufactured in the Philippines December 21, 2004. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Issuing a directive to the Commissioner, Bureau of Customs and Border Protection adjusting limits. EFFECTIVE DATE: December 28, 2004. FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-4212. For information on the quota status of these limits, refer to the Bureau of Customs and Border Protection website ( *http://www.cbp.gov)* , or call

(202)344-2650. For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at *http://otexa.ita.doc.gov* . SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended. The current limit for Categories 638/639 is being increased for the partial undoing of special shift, reducing the limit for Categories 338/339 to account for the quantity being returned to 638/639. A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see **Federal Register** notice 69 FR 4926, published on February 2, 2004). Also see 68 FR 59923, published on October 20, 2003. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements December 21, 2004. Commissioner, *Bureau of Customs and Border Protection, Washington, DC 20229.* Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on October 14, 2003, by the Chairman, Committee for the Implementation of Textile Agreements. That directive concerns imports of certain cotton, wool and man-made fiber textiles and textile products and silk blend and other vegetable fiber apparel, produced or manufactured in the Philippines and exported during the twelve-month period which began on January 1, 2004 and extends through December 31, 2004. Effective on December 28, 2004, you are directed to adjust the limits for the following categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: Category Twelve-month restraint limit 1 Levels in Group I 338/339 3,665,204 dozen. 638/639 2,980,832 dozen. 1 The limits have not been adjusted to account for any imports exported after December 31, 2003. The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, D. Michael Hutchinson, *Acting Chairman, Committee for the Implementation of Textile Agreements.* [FR Doc. E4-3871 Filed 12-29-04; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Exempting Certain Textiles and Textile Products of the People's Republic of China from Safeguard Import Limits December 23, 2004. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Exempting Certain Products from China Textile Safeguard Import Limit. SUMMARY: The Committee for the Implementation of Textile Agreements

(CITA)has determined that certain products, exempted from visa and quota requirements under previous arrangements, should also be exempted from limits imposed on textile and textile product imports from China under paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (Accession Agreement). EFFECTIVE DATE: December 29, 2004. FOR FURTHER INFORMATION CONTACT: Ross Arnold, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended. Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization

(WTO)allows WTO Members that believe imports of Chinese origin textile and apparel products are, due to market disruption, threatening to impede the orderly development of trade in these products to request consultations with the People's Republic of China with a view to easing or avoiding such market disruption. CITA has imposed limits on imports from China pursuant to Paragraph 242 (see 68 FR 74944, 68 FR 74945, 68 FR 74947, and 69 FR 63371).CITA has in the past exempted from quota and visa requirements textile and textile products entered under certain subheadings of the Harmonized Tariff Schedule of the United States (HTS), including articles, previously imported, with respect to which the duty was paid upon such previous importation or which were previously free of duty, entered under HTS subheadings 9801.00.20, 9801.00.25, or 9801.00.26; articles returned to the United States after having been exported to be advanced in value or improved in condition, entered under HTS subheadings 9802.00.40 or 9802.00.50; certain commercial samples treated to be unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries valued at U.S. $1 or less, entered under HTS subheading 9811.00.60; articles to be repaired, altered or processed (including processes which result in articles manufactured or produced in the United States), entered under HTS subheading 9813.00.05; articles not intended for sale or distribution to the public that are associated with an international athletic event held in the United States, such as the Olympics or similar international athletic event, entered under HTS subheading 9817.60.00. CITA has also exempted properly marked commercial samples valued at $800 or less from these requirements. In the directive below, the Chairman of CITA directs the Commissioner, Customs and Border Protection, to exempt such items from limits imposed under Paragraph 242. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements December 23, 2004. Commissioner, *Bureau of Customs and Border Protection, Washington, D.C. 20229.* Dear Commissioner: Effective on December 29, 2004, in accordance with paragraph 242 of the China Accession Agreement and the procedures set forth by the Committee on May 21, 2003 (68 FR 27787), as clarified on August 18, 2003 (68 FR 49440), the United States has established, and may in future establish, safeguard limits on certain textile and apparel products from China. Properly marked commercial samples valued at U.S.$800 or less and importations under HTS items: 9801.00.20 9801.00.25 9801.00.26 9802.00.40 9802.00.50 9811.00.60 9813.00.05 9817.60.00 shall not be charged to applicable quota limits. The Committee for the Implementation of Textile Agreements has determined that this action falls within the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, D. Michael Hutchinson, *Acting Chairman, Committee for the Implementation of Textile Agreements.* [FR Doc. 04-28525 Filed 12-28-04; 8:45 am]

Notices. Solicitation of public comments concerning a request for safeguard action on imports from China of brassieres and other body supporting garments (Category 349/649)