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25154 Federal Register / Vol. 71, No.

82 / Friday, April 28, 2006 / Notices

collected; (d) ways to minimize the increased quantities, in absolute terms and apparel products, unless the United
burden of the collection of information or relative to the domestic market for States and Australia agree otherwise. If
on respondents, e.g., the use of that article, and under such conditions the United States and Australia are
automated collection techniques or as to cause serious damage or actual unable to agree on trade liberalizing
other forms of information technology. threat thereof to a U.S. industry compensation, Australia may increase
Comments submitted in response to producing a like or directly competitive customs duties equivalently on U.S.
this notice will be summarized and/or article. In these circumstances, Article products. The obligation to provide
included in the request for OMB 4.1 permits the United States to increase compensation terminates upon
approval of the information collection; duties on the imported article to a level termination of the safeguard relief.
they also will become a matter of public that does not exceed the lesser of the Section 327 of the Act extends the
record. prevailing U.S. normal trade relations authority under Section 123 of the
Dated: April 24, 2006. (NTR)/most-favored-nation (MFN) duty Trade Act of 1974 (19 U.S.C. 2133), as
rate for the article or the U.S. NTR/MFN amended, to measures taken pursuant to
Gwellnar Banks,
duty rate in effect on the day before the the Agreement’s textile and apparel
Management Analyst, Office of the Chief
Agreement enters into force. safeguard provisions.
Information Officer.
The import tariff relief is effective In order to facilitate the
[FR Doc. E6–6379 Filed 4–27–06; 8:45 am] beginning on the date that the implementation of Title III, Subtitle B,
BILLING CODE 3510–60–P Committee determines that a textile or Section 321 through Section 328 of the
apparel article from Australia, as United States-Australia Free Trade
defined in Section 301(2) of the Act, is Agreement Implementation Act, the
COMMITTEE FOR THE being imported into the United States in Committee has determined that actions
IMPLEMENTATION OF TEXTILE such increased quantities, in absolute taken under this safeguard fall within
AGREEMENTS terms or relative to the domestic market the foreign affairs exception to the
for that article, and under such rulemaking provision of 5 U.S.C.
Special Procedures for Considering conditions as to cause serious damage, 553(a)(1), and this notice does not waive
Requests from the Public for Textile or actual threat thereof, to a U.S. that determination. These procedures
and Apparel Safeguard Actions on industry producing an article that is are not subject to the requirement to
Imports from Australia like, or directly competitive with, the provide prior notice and opportunity for
April 25, 2006. imported article. The maximum period public comment, pursuant to 5 U.S.C.
AGENCY: The Committee for the of import tariff relief, including 553(a)(1) and 553(b)(A).
provisional relief, as set forth in 1. Requirements for Requests.
Implementation of Textile Agreements
Sections 3 and 4 of this notice, shall be Pursuant to Section 321(a) of the Act
(the Committee).
two years. However, the Committee may and Section 6 of Presidential
ACTION: Notice of Procedures. Proclamation 7857 of December 23,
extend the period of import relief for an
SUMMARY: This notice sets forth the additional two years if the Committee 2004, an interested party may file a
procedures the Committee will follow in determines that the continuation is request for a textile or apparel safeguard
considering requests from the public for necessary to remedy or prevent serious action with the Committee. The
textile and apparel safeguard actions as damage or actual threat thereof and to Committee will review requests from an
provided for in Title III, Subtitle B, facilitate adjustment by the domestic interested party sent to the Chairman,
Section 321 through Section 328 of the industry to import competition, and that Committee for the Implementation of
United States-Australia Free Trade the domestic industry is, in fact, making Textile Agreements, Room 3100, U.S.
Agreement Implementation Act. a positive adjustment to import Department of Commerce, 14th and
competition. Import tariff relief may not Constitution Avenue, N.W.,
EFFECTIVE DATE: April 28, 2006.
be imposed for an aggregate period Washington, DC 20230. Ten copies of
ADDRESSES: Requests must be submitted any such request must be provided. As
greater than four years. Import tariff
to: the Chairman, Committee for the relief may not be applied to the same provided in Section 328 of the Act, the
Implementation of Textile Agreements, article at the same time under these Committee will protect from disclosure
Room H3100, U.S. Department of procedures if relief previously has been any business confidential information
Commerce, 14th and Constitution granted with respect to that article that is marked ‘‘business confidential’’
Avenue, N.W., Washington, D.C. 20230. under: (1) these provisions; (2) Subtitle to the full extent permitted by law. To
FOR FURTHER INFORMATION CONTACT: A to Title III of the Act; or (3) Chapter the extent that business confidential
Maria D’Andrea, Office of Textiles and 1 of Title II of the Trade Act of 1974. information is provided, two copies of
Apparel, U.S. Department of Commerce, Authority to provide import tariff a non-confidential version must also be
(202) 482-4058. relief with respect to an Australian provided, in which business
SUPPLEMENTARY INFORMATION: textile or apparel article will expire ten confidential information is summarized
years after duties on the article are or, if necessary, deleted. At the
BACKGROUND: eliminated. conclusion of the request, an interested
Title III, Subtitle B, Section 321 Under Article 4.1.7 of the Agreement, party must attest that ‘‘all information
through Section 328 of the United if the United States provides relief to a contained in the request is complete and
States-Australia Free Trade Agreement domestic industry under the textile and accurate and no false claims, statements,
Implementation Act (the ‘‘Act’’) apparel safeguard, it must provide or representations have been made.’’
implements the textile and apparel Australia ‘‘mutually agreed trade Consistently with Section 321(a), the
safeguard provisions, provided for in liberalizing compensation in the form of Committee will review a request
Article 4.1 of the Agreement. The concessions having substantially initially to determine whether to
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safeguard mechanism applies when, as equivalent trade effects or equivalent to commence consideration of the request
a result of the elimination of a customs the value of the additional customs on its merits. Within 15 working days of
duty under the Agreement, a textile or duties expected to result from the receipt of a request, the Committee will
apparel article from Australia is being emergency [safeguard] action.’’ Such determine whether the request provides
imported into the United States in such concessions shall be limited to textile the information necessary for the

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Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices 25155

Committee to consider the request in The data should demonstrate that year for which such data are
light of the considerations set forth imports of an Australian origin textile or partially available, and quarterly
below. If the request does not, the apparel article that is like or directly data for the same quarter(s) of the
Committee will promptly notify the competitive with the article produced previous year (e.g., January-March
requester of the reasons for this by the domestic industry concerned are 2005, April-June 2005 and January-
determination and the request will not increasing rapidly in absolute terms or March 2004, April-June 2004).
be considered. However, the Committee relative to the domestic market for that E. Additional data showing serious
will reevaluate any request that is article. damage or actual threat thereof. All
resubmitted with additional C. Production data. The following data available to the requester showing
information. data, in quantity by category unit (see changes in productivity, utilization of
Consistent with longstanding ‘‘Textile Correlation’’), on U.S. domestic capacity, inventories, exports, wages,
Committee practice in considering production of the like or directly employment, domestic prices, profits,
textile safeguard actions, the Committee competitive articles of U.S. origin and investment, and any other
will consider an interested party to be indicating the nature and extent of the information, relating to the existence of
an entity (which may be a trade serious damage or actual threat thereof: serious damage, or actual threat thereof,
association, firm, certified or recognized * Annual data for the most recent caused by imports from Australia to the
union, or group of workers) that is three full calendar years for which industry producing the like or directly
representative of either: (A) a domestic such data are available; competitive article that is the subject of
producer or producers of an article that * Quarterly data for the most recent the request. To the extent that such
is like or directly competitive with the year for which such data are information is not available, the
subject Australian textile or apparel partially available, and quarterly requester should provide best estimates
article; or (B) a domestic producer or data for the same quarter(s) of the and the basis therefore:
producers of a component used in the previous year (e.g., January-March * Annual data for the most recent
production of an article that is like or 2005, April-June 2005 and January- three full calendar years for which
directly competitive with the subject March 2004, April-June 2004). such data are available;
Australian textile or apparel article. If the like or directly competitive * Quarterly data for the most recent
A request will only be considered if article(s) of U.S. origin does not year for which such data are
the request includes the specific correspond to a category or categories of partially available, and quarterly
information set forth below in support the U.S. Textile and Apparel Category data for the same quarter(s) of the
of a claim that a textile or apparel article system for which production data are previous year (e.g., January-March
from Australia is being imported into available from official statistics of the 2005, April-June 2005 and January-
the United States in such increased U.S. Department of Commerce (see March 2004, April-June 2004).
quantities, in absolute terms or relative ‘‘U.S. Imports, Production, Markets, 2. Consideration of Requests.
to the domestic market for that article, Import Production Ratios and Domestic Consistent with Section 321(c) of the
and under such conditions as to cause Market Shares for Textile and Apparel Act, if the Committee determines that
serious damage, or actual threat thereof, Product Categories’’ at website http:// the request provides the information
to a U.S. industry producing an article otexa.ita.doc.gov/ipbook.pdf), the necessary for it to be considered, the
that is like, or directly competitive with, requester must provide a complete Committee will cause to be published in
the imported article. listing of all sources from which the the Federal Register a notice seeking
A. Product description. Name and data were obtained and an affirmation public comments regarding the request,
description of the imported article that, to the best of the requester’s which will include a summary of the
concerned, including the category or knowledge, the data represent request and the date by which
categories or part thereof of the U.S. substantially all of the domestic comments must be received. The
Textile and Apparel Category System production of the like or directly Federal Register notice and the request,
(see ‘‘Textile Correlation’’ at http:// competitive article(s) of U.S. origin. In with the exception of information
otexa.ita.doc.gov/corr.htm) under which such cases, data should be reported in marked ‘‘business confidential,’’ will be
such article is classified, the the first unit of quantity in the posted by the Department of
Harmonized Tariff Schedule of the Harmonized Tariff Schedule of the Commerce’s Office of Textiles and
United States subheading(s) under United States (http://www.usitc.gov/ Apparel (‘‘OTEXA’’) on the Internet
which such article is classified, and the tata/hts) for the Australian origin textile (http://otexa.ita.doc.gov). The comment
name and description of the like or and/or apparel article and the like or period shall be 30 calendar days. To the
directly competitive domestic article directly competitive articles of U.S. extent business confidential information
concerned. origin. is provided, a non-confidential version
B. Import data. The following data, in D. Market share data. The following must also be provided, in which
quantity by category unit (see ‘‘Textile data, in quantity by category unit (see business confidential information is
Correlation’’), on total imports of the ‘‘Textile Correlation’’), on imports from summarized or, if necessary, deleted. At
subject article into the United States and Australia as a percentage of the the conclusion of its submission of such
imports from Australia into the United domestic market (defined as the sum of public comments, an interested party
States: domestic production of the like or must attest that ‘‘all information
* Annual data for the most recent directly competitive article and total contained in the comments is complete
three full calendar years for which imports of the subject article); on total and accurate and no false claims,
such data are available; imports as a percentage of the domestic statements, or representations have been
* Quarterly data for the most recent market; and on domestic production of made.’’ Comments received, with the
year for which such data are like or directly competitive articles as a exception of information marked
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partially available, and quarterly percentage of the domestic market: ‘‘business confidential,’’ will be
data for the same quarter(s) of the * Annual data for the most recent available in the Department of
previous year (e.g., January-March three full calendar years for which Commerce’s Trade Information Center
2005, April-June 2005 and January- such data are available; for review by the public. If a comment
March 2004, April-June 2004). * Quarterly data for the most recent alleges that there is no serious damage

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25156 Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices

or actual threat thereof, or that the consumer preference as factors there is clear evidence that: (1) imports
subject imports are not the cause of the supporting a determination of serious from Australia have increased as the
serious damage or actual threat thereof, damage or actual threat thereof. The result of the reduction or elimination of
the Committee will closely review any Committee, without delay, will provide a customs duty under the Agreement;
supporting information and written notice of its decision to the (2) such imports are causing serious
documentation, such as information Government of Australia and will damage, or actual threat thereof, to the
about domestic production or prices of consult with said party upon its request. domestic industry producing an article
like or directly competitive articles. In If a determination under this section like or directly competitive with the
the case of requests submitted by is affirmative, the Committee may imported article; and (3) delay in
entities that are not the actual producers provide import tariff relief to a U.S. providing import tariff relief would
of a like or directly competitive article, industry to the extent necessary to cause damage to a U.S. industry that
particular consideration will be given to remedy or prevent the serious damage would be difficult to repair. If the
comments representing the views of or actual threat thereof and to facilitate determination is affirmative, the
actual producers in the United States of adjustment by the domestic industry to Committee shall determine the extent of
a like or directly competitive article. import competition. Such relief may provisional relief that is necessary to
Any interested party may submit consist of an increase in duties to the remedy or prevent the serious damage
information to rebut, clarify, or correct lower of: (1) the NTR/MFN duty rate in or actual threat thereof, consistent with
public comments submitted by any place for the textile or apparel article at Section 322(c) of the Act. Within 30
other interested party at any time prior the time the relief is granted; or (2) the days after making an affirmative
to the deadline provided in this section NTR/MFN duty rate for that article on determination, the Committee, if the
for submission of such public the day before the Agreement enters into Committee considers provisional relief
comments. If public comments are force. to be warranted, shall provide
submitted less than 10 days before, or The import tariff relief is effective provisional relief for a period of up to
on, the applicable deadline for beginning on the date that the 200 days. If the Committee provides
submission of such public comments, Committee’s affirmative determination such provisional relief, then liquidation
an interested party may submit is published in the Federal Register. of entries of the article subject to such
information to rebut, clarify, or correct The maximum period of import tariff relief shall be suspended during the
the public comments no later than 10 relief, including provisional relief (as set period of such relief. Provisional relief
days after the applicable deadline for forth in Section 4 of this notice), shall shall be terminated on the day on
submission of public comments. be two years. However, the Committee which: (1) the Committee makes a
With respect to any request may extend the period of import relief negative determination regarding
considered by the Committee, the for a period of not more than two years serious damage or actual threat thereof;
Committee will make a determination if the Committee determines that the
(2) relief granted pursuant to Section
within 60 calendar days of the close of continuation is necessary to remedy or
322(b) of the Act takes effect; (3) a
the comment period. If the Committee is prevent serious damage or actual threat
decision by the Committee not to take
unable to make a determination within thereof and to facilitate adjustment, and
any action pursuant to Section 322(b)
60 calendar days, it will cause to be that there is evidence that the domestic
becomes final; or (4) the Committee
published in a notice in the Federal industry is making a positive
determines that, because of changed
Register, including the date by which it adjustment to import competition.
circumstances, such relief is no longer
will make a determination. If the Import tariff relief may not be imposed
warranted. Any suspension of
Committee makes a negative for an aggregate period greater than four
liquidation ordered pursuant to Section
determination, it will cause this years. Import tariff relief may not be
determination and the reasons therefore applied to the same article at the same 322(c)(3) of the Act shall be terminated
to be published in the Federal Register. time under these procedures if relief on the date on which the provisional
3. Determination and Provision of previously has been granted with relief is terminated. If relief is provided
Relief. The Committee shall determine respect to that article under: (1) these pursuant to Section 322(b) of the Act,
whether, as a result of the reduction or provisions; (2) Subtitle A to Title III of then any entries for which liquidation
elimination of a duty under the the Act; or (3) Chapter 1 of Title II of has been suspended pursuant to Section
Agreement, an Australian textile or the Trade Act of 1974. 322(c) of the Act shall be liquidated at
apparel article is being imported into Authority to provide import tariff the lower of: (1) the rate of duty
the United States in such increased relief for a textile or apparel article from resulting from the application of the
quantities, in absolute terms or relative Australia that is being imported into the provisional relief; and (2) the rate of
to the domestic market for that article, United States in such increased duty applied pursuant to Section 322(b).
and under such conditions as to cause quantities, in absolute terms or relative 5. Self Initiation. The Committee
serious damage, or actual threat thereof, to the domestic market for that article, may, on its own initiative, consider
to a domestic industry producing an and under such conditions as to cause whether imports of a textile or apparel
article that is like, or directly serious damage or actual threat thereof article from Australia are being
competitive with, the imported article. to a U.S. industry producing a like or imported into the United States in such
In making this determination, the directly competitive article, will expire increased quantities, in absolute terms
Committee: (1) shall examine the effect ten years after duties on the article are or relative to the domestic market for
of increased imports on the domestic eliminated. that article, and under such conditions
industry as reflected in such relevant 4. Critical Circumstances. Section as to cause serious damage or actual
economic factors as output, 321(b) of the Act allows an interested threat thereof to a U.S. industry
productivity, utilization of capacity, party filing a request for a textile or producing a like or directly competitive
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inventories, market share, exports, apparel safeguard measure to allege that article. In such considerations, the
wages, employment, domestic prices, ‘‘critical circumstances’’ exist. Within Committee will follow procedures
profits, and investment, none of which 60 days of the filing of the request, the consistent with those set forth in
is necessarily decisive; and (2) shall not Committee shall determine, on the basis Section 2 of this notice, including
consider changes in technology or of the available information, whether causing to be published in the Federal

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Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices 25157

Register a notice seeking public subsequent to the delivery of the producing a like or directly competitive
comment regarding the action it is statement to Australia. article. In these circumstances, Article
considering. 3.23 permits the United States to
Philip J. Martello,
6. Record Keeping and Business increase duties on the imported article
Acting Chairman, Committee for the from the specified Agreement country to
Confidential Information. OTEXA will Implementation of Textile Agreements.
maintain an official record for each a level that does not exceed the lesser
[FR Doc. E6–6456 Filed 4–27–06; 8:45 am] of the prevailing U.S. normal trade
request on behalf of the Committee. The
official record will include all factual BILLING CODE 3510–DS relations (NTR)/most- favored-nation
information, written argument, or other (MFN) duty rate for the article or the
material developed by, presented to, or U.S. NTR (MFN) duty rate in effect on
COMMITTEE FOR THE the day before the Agreement enters into
obtained by OTEXA regarding the IMPLEMENTATION OF TEXTILE
request, as well as other material force.
AGREEMENTS The import tariff relief is effective
provided to the Department of
Commerce by other government beginning on the date that the
Special Procedures for Considering
agencies for inclusion in the official Committee determines that a ‘‘CAFTA-
Requests from the Public for Textile DR textile or apparel article,’’ as defined
record. The official record will include and Apparel Safeguard Actions on
Committee memoranda pertaining to the in Section 301(2) of the Act, of a
Imports from Central America and the specified Agreement country is being
request, memoranda of Committee Dominican Republic
meetings, meetings between OTEXA imported into the United States in such
staff and the public, determinations, and April 25, 2006. increased quantities, in absolute terms
notices published in the Federal AGENCY: The Committee for the or relative to the domestic market for
Register. The official record will contain Implementation of Textile Agreements that article, and under such conditions
material which is public, business (the Committee). as to cause serious damage, or actual
confidential, privileged, and classified, ACTION: Notice of Procedures.
threat thereof, to a U.S. industry
but will not include pre-decisional producing an article that is like, or
inter-agency or intra-agency SUMMARY: This notice sets forth the directly competitive with, the imported
communications. If the Committee procedures the Committee will follow in article. The maximum period of import
decides it is appropriate to consider considering requests from the public for tariff relief shall be three years.
materials submitted in an untimely textile and apparel safeguard actions as However, if the initial period for import
provided for in Title III, Subtitle B, relief is less than three years, the
manner, such materials will be
Section 321 through Section 328 of the Committee may extend the period of
maintained in the official record.
Dominican Republic-Central America- import relief to the maximum three-year
Otherwise, such material will be
United States Free Trade Agreement period if the Committee determines that
returned to the submitter and will not
(‘‘CAFTA-DR’’ or the ‘‘Agreement’’) the continuation is necessary to remedy
be maintained as part of the official
Implementation Act. or prevent serious damage or actual
record. OTEXA will make the official
EFFECTIVE DATE: April 28, 2006. threat thereof and to facilitate
record public except for business
adjustment by the domestic industry to
confidential information, privileged ADDRESSES: Requests must be submitted
import competition, and that the
information, classified information, and to: the Chairman, Committee for the
domestic industry is, in fact, making a
other information the disclosure of Implementation of Textile Agreements,
positive adjustment to import
which is prohibited by U.S. law. The Room H3100, U.S. Department of
competition. Import tariff relief may not
public record will be available to the Commerce, 14th and Constitution
be applied to the same article at the
public for inspection and copying in a Avenue, N.W., Washington, D.C. 20230. same time under these procedures if
public reading room located in the FOR FURTHER INFORMATION CONTACT: relief previously has been granted with
Department of Commerce, Trade Maria D’Andrea, Office of Textiles and respect to that article under: (1) these
Information Center. Apparel, U.S. Department of Commerce, provisions; (2) Subtitle A to Title III of
Information designated by the (202) 482-4058. the Act; or (3) Chapter 1 of Title II of
submitter as business confidential will SUPPLEMENTARY INFORMATION: the Trade Act of 1974.
normally be considered to be business Authority to provide import tariff
confidential unless it is publicly Background
relief with respect to a CAFTA-DR
available. The Committee will protect Title III, Subtitle B, Section 321 textile or apparel article will expire five
from disclosure any business through Section 328 of the CAFTA-DR years after the date on which the
confidential information that is marked Implementation Act (the ‘‘Act’’) Agreement enters into force.
‘‘business confidential’’ to the full implements the textile and apparel Under Article 3.23.6 of the
extent permitted by law. To the extent safeguard provisions, provided for in Agreement, if the United States provides
that business confidential information is Article 3.23 of the Agreement. The relief to a domestic industry under the
provided, two copies of a non- safeguard mechanism applies when, as textile and apparel safeguard, it must
confidential version must also be a result of the elimination of a customs provide the country whose good is
provided, in which business duty under the Agreement, a textile or subject to the measure ‘‘mutually agreed
confidential information is summarized apparel article from Costa Rica, the trade liberalizing compensation in the
or, if necessary, deleted. The Committee Dominican Republic, El Salvador, form of concessions having substantially
will make available to the public non- Guatemala, Honduras, or Nicaragua equivalent trade effects or equivalent to
confidential versions of the request that (‘‘Agreement country’’), is being the value of the additional customs
is being considered, non-confidential imported into the United States in such duties expected to result from the textile
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versions of any public comments increased quantities, in absolute terms safeguard measure.’’ Such concessions
received with respect to a request, and, or relative to the domestic market for shall be limited to textile and apparel
in the event consultations are requested, that article, and under such conditions products, unless the United States and
the statement of the reasons and as to cause serious damage or actual the specified Agreement country agree
justifications for the determination threat thereof to a U.S. industry otherwise. If the United States and the

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