05-10841. Announcement of Request for Bilateral Textile Consultations with the Government of the People's Republic of China and the Establishment of Import Limits for Certain Cotton and Man-Made Fiber Textiles and Textile Products in Categories 301, ...
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Start Preamble
May 26, 2005.
AGENCY:
Committee for the Implementation of Textile Agreements (Committee).
ACTION:
Notice
EFFECTIVE DATE:
May 27, 2005.
Start Further InfoFOR 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 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
On May 27, 2005, as provided for under paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (Accession Agreement), the United States requested consultations with the Government of the People's Republic of China with respect to imports of Chinese-origin combed cotton yarn (Category 301); men's and boys' cotton and man-made fiber shirts, not knit (Category 340/640); man-made fiber knit shirts and blouses (Category 638/639); and man-made fiber trousers (647/648).
Paragraph 242 of the Accession Agreements provides that, upon receipt of the request, the People's Republic of China will hold its shipments to a level no greater than 7.5 percent above the amount entered during the first 12 months of the most recent 14 months preceding the month in which the request for consultations was made. Because this restraint period will be for less than 12 months, the quantitative limit will be prorated to conform to the number of days remaining in the year, beginning on May 27, 2005 (i.e., by a ratio of 219/365). Consistent with paragraph 242, consultations with the People's Republic of China will be held within 30 days of receipt of the request for consultations, and every effort will be made to reach agreement on a mutually satisfactory solution within 90 days of receipt of the request for consultations. If no mutually satisfactory solution were reached during this 90-day consultation period, the United States could continue these limits.
To ensure that the limitations provided for under Paragraph 242 are carried out, the Committee is establishing prorated limits on Chinese origin textile and apparel products in Categories 301, 340/640, 638/639, and 647/648, beginning on May 27, 2005, and extending through December 31, 2005. If agreement on a different limit is reached as a result of the consultations with China, the Committee will issue a Federal Register Notice containing a directive to the Bureau of Customs and Border Protection to implement the negotiated limit.
The Committee solicited public comments with regard to whether imports of Chinese origin textiles and textile products in Categories 301, 340/640, 638/639, and 647/648 were, due to the threat of market disruption, threatening to impede the orderly development of trade in these products (69 FR 68133-Category 301; 69 FR 64913-Category 340/640; 69 FR 64911-Category 638/639; 69 FR 64915-Category 647/648).
The public comment period for each solicitation ended in December 2004. Although the Committee decided to consider these requests and solicited public comments, on December 30, 2004, the Court of International Trade preliminarily enjoined the CITA agencies from considering or taking any further action on these requests and any other requests “that are based on the threat of market disruption”. U.S. Association of Importers of Textiles and Apparel v. United States, Slip Op.04-162. On April 27, 2005, the Court of Appeals for the Federal Circuit granted the U.S. government's motion for a stay Start Printed Page 30931of that injunction, pending appeal. U.S. Association of Importers of Textiles and Apparel v. United States, Ct. No. 05-1209. Thus CITA resumed its consideration of these cases. (See 70 FR 24397, published on May 9, 2005).
The Committee determined that imports of Chinese-origin textiles and textile products in Categories 301, 340/640, 638/639, and 647/648, are due to a threat of market disruption, threatening to impede the orderly development of trade in these textile products. A summary statement of the reasons and justifications for the U.S. request for consultations concerning imports of Chinese-origin textiles and textile products in Categories 301, 340/640, 638/639, and 647/648 from the People's Republic of China follows this notice.
A description of the textile and apparel categories in terms of Harmonized Tariff Schedule of the United States 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). Information regarding the 2005 CORRELATION will be published in the Federal Register at a later date.
Start SignatureJames C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
Committee for the Implementation of Textile Agreements
May 26, 2005.
Commissioner,
Bureau of Customs and Border Protection, Washington, DC 20229.
Dear Commissioner: Pursuant to Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); and Executive Order 11651 of March 3, 1972, as amended, you are directed to prohibit, effective on May 27, 2005, entry into the United States for consumption and withdrawal from warehouse for consumption of combed cotton yarn (Category 301); men's and boys' cotton and man-made fiber shirts, not knit (Category 340/640); man-made fiber knit shirts and blouses (Category 638/639); and man-made fiber trousers (647/648), produced or manufactured in the People's Republic of China and exported during the period beginning on May 27, 2005, and extending through December 31, 2005, in excess of the following limits.
Category Quantity 301 1,450,777 kilograms. 340/640 2,213,126 dozens. 638/639 2,844,383 dozens. 647/648 2,660,678 dozens. Products which have been exported to the United States prior to May 27, 2005, shall not be subject to the limit established in this directive.
In carrying out the above directions, the Commissioner should construe entry into the United States for consumption to include entry for consumption into the Commonwealth of Puerto Rico.
The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).
Sincerely,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
SUMMARY OF THE REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION
Combed Cotton Yarn
Category 301
The United States believes that imports of Chinese origin combed cotton yarn are, due to a threat of market disruption, threatening to impede the orderly development of trade in these products. This finding supports a request for consultations with the Government of the People's Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (“Paragraph 242”). The following facts, and others contained in this Statement, support this belief:
SUMMARY OF THE REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION
Men's and Boys' Cotton and Man-Made Fiber Shirts, Not Knit
Category 340/640
The United States believes that imports of Chinese origin men's and boys' cotton and man-made fiber shirts, not knit, are, due to a threat of market disruption, threatening to impede the orderly development of trade in these products. This finding supports a request for consultations with the Government of the People's Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (“Paragraph 242”). The following facts, and others contained in this Statement, support this belief:
SUMMARY OF THE REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION
Man-Made Fiber Knit Shirts and Blouses
Category 638/639
The United States believes that imports of Chinese origin man-made fiber knit shirts Start Printed Page 30932and blouses are, due to a threat of market disruption, threatening to impede the orderly development of trade in these products. This finding supports a request for consultations with the Government of the People's Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (“Paragraph 242”). The following facts, and others contained in this Statement, support this belief:
SUMMARY OF THE REASONS AND JUSTIFICATIONS FOR U.S. REQUEST FOR CONSULTATIONS WITH CHINA PURSUANT TO PARAGRAPH 242 OF THE REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE WORLD TRADE ORGANIZATION
Man-Made Fiber Trousers, Slacks and Shorts
Category 647/648
The United States believes that imports of Chinese origin man-made fiber trousers, slacks and shorts are, due to a threat of market disruption, threatening to impede the orderly development of trade in these products. This finding supports a request for consultations with the Government of the People's Republic of China under Paragraph 242 of the Report of the Working Party on the Accession of China to the World Trade Organization (“Paragraph 242”). The following facts, and others contained in this Statement, support this belief:
[FR Doc. 05-10841 Filed 5-27-05; 8:45 am]
BILLING CODE 3510-DS-S
Document Information
- Effective Date:
- 5/27/2005
- Published:
- 05/31/2005
- Department:
- Committee for the Implementation of Textile Agreements
- Entry Type:
- Notice
- Action:
- Notice
- Document Number:
- 05-10841
- Dates:
- May 27, 2005.
- Pages:
- 30930-30932 (3 pages)
- EOCitation:
- of 2005-05-26
- PDF File:
- 05-10841.pdf