Title III, Subtitle B, Section 321
through Section 328 of the U.S.-Oman Free Trade Agreement
Implementation Act (the Act) implements the textile and apparel
safeguard provisions, provided for in Article 3.1 of the U.S.-Oman
Free Trade Agreement. This safeguard mechanism applies when, as a
result of the elimination of a customs duty, a textile or apparel
import from Oman is being imported into the U.S. in such increased
quantities as to cause serious damage or actual threat thereof to a
U.S. industry producing a like or directly competitive article. In
these circumstances, the U.S. can increase duties on the imported
article from Oman, to the most-favored-nation (MFN) duty rate. The
Statement of Administrative Action accompanying the Act provides
that the Committee for the Implementation of Textile Agreements
(CITA) will issue procedures for requesting such safeguard
measures, for making its determinations under section 322(a) of the
Act, and for providing relief under section 322(b) of the Act. In
Proclamation No. 8332 (73 FR 80289, December 31, 2008), the
President delegated to CITA his authority with respect to textile
and apparel safeguard measures. CITA must collect information to
determine whether a domestic textile or apparel industry is being
adversely impacted by imports of these products from Oman, thereby
allowing CITA to take corrective action. An interested party in the
U.S. domestic textile and apparel industry may file a request for a
textile and apparel safeguard action. In order for a request to be
considered, the requestor must provide the following information in
support of a claim that a textile or apparel article from Oman is
being imported into the U.S. in such increased quantities as to
cause serious damage, or actual threat thereof, to a U.S. industry
producing a like or directly competitive article: (1) Name and
description of the imported article concerned; (2) import data
demonstrating that imports from Oman are increasing in absolute
terms or relative to the domestic market for that article; (3) U.S.
domestic production, along with an affirmation that to the best of
the requesters knowledge, the data represent substantially all of
the domestic production of the like or directly competitive
article(s) of U.S. origin; (4) imports from Oman as a percentage of
the domestic market; and (5) all data available to the requester
such as changes in productivity, capacity utilization, inventories,
exports, wages, employment, domestic prices, profits, and
investment, relating to the existence of serious damage, or actual
threat thereof, caused by imports from Oman to the industry
producing the article If such information is not available, the
requester should provide best estimates and the basis therefore. If
CITA determines that the request provides the information
necessary, CITA will publish a notice, including a summary of the
request, in the Federal Register, with a 30 day public comment
period. Any interested party may submit information to rebut,
clarify, or correct public comments. CITA will make a determination
on any request it considers within 60 calendar days of the comment
period closing. If CITA is unable to make a determination within 60
calendar days, it will publish a notice in the Federal Register,
including the date on which it will make a determination. If a
determination under section 322(b) of the Act is affirmative, CITA
may provide tariff relief to a U.S. industry. The import tariff
relief is effective beginning on the date that CITAs affirmative
determination is published in the Federal Register. Entities
submitting requests, responses or rebuttals to CITA may submit both
a public and confidential version of their submissions. If the
request is accepted, the public version will be posted on the
Office of Textile and Apparel (OTEXA) Web site. The confidential
version of the request, responses or rebuttals will not be made
public.
PL:
Pub.L. 109 - 283 321 Name of Law: U.S.-Oman Free Trade
Agreement Implementation Act (Public Law 109-283)
PL: Pub.L. 109 - 283 321 Name of Law:
U.S.-Oman Free Trade Agreement Implementation Act (Public Law
109-283)
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
0625-New.SupprtngStmnt.02210.Oman FTA.doc
Comments to Request Textile Safeguard Action Determination