Procedures for Considering Requests and Comments from the Public under the Textile Safeguard Provision of the United States – Peru Free Trade Agreement

Forms and Documents

Document Name	Status
0625.Peru Safeguard.Supprtg Stmnt.100810.doc Supporting Statement A	2010-10-13

IC Document Collections

IC ID	Document Title	Status
194827	Requirements to Submit Comments on a Pending Textile and Apparel Safeguard Action Other-Reporting Requirements	New
194826	Requirements to Request Textile Safeguard Action Determination Other-Reporting Requirements	New

ICR Details

OMB Control No: 0625-0267	ICR Reference No: 201010-0625-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Procedures for Considering Requests and Comments from the Public under the Textile Safeguard Provision of the United States – Peru Free Trade Agreement
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/17/2010
	Date Received in OIRA: 10/14/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2013	36 Months From Approved
Responses	6	0	0
Time Burden (Hours)	24	0	0
Cost Burden (Dollars)	960	0	0

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Abstract: Article 3.1 of the United States-Peru Free Trade Agreement (the “Agreement”) provides for a textile safeguard mechanism. This safeguard mechanism applies when, as a result of the elimination of a customs duty under the Agreement, an Peruvian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof to a U.S. industry producing a like or directly competitive article. In these circumstances, Article 3.1 permits the United States to increase duties on the imported article from Peru to a level that does not exceed the lesser of the prevailing U.S. normal trade relations (NTR)/most-favored-nation (MFN) duty rate for the article or the U.S. NTR/MFN duty rate in effect on the day before the Agreement entered into force. The Statement of Administrative Action accompanying the U.S.-Peru Free Trade Agreement Implementation Act (the “Act”) provides that 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. 8341 (74 FR 4103-4109, January 22, 2009), the President delegated to CITA his authority under Subtitle B of Title III of the Act with respect to textile and apparel safeguard measures. The textile safeguard provision will be of considerable benefit to firms manufacturing textile and apparel goods in the United States in the event that an industry finds itself to be adversely impacted by duty-free imports of textiles and apparel from Peru. CITA has prepared, and transmitted to OMB for approval, interim procedures to implement these responsibilities. CITA must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Peru, thereby allowing CITA to take corrective action to protect the viability of the domestic textile industry, subject to section 322(b) of the Act.

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Authorizing Statute(s): PL: Pub.L. 110 - 138 321-328 Name of Law: United States-Peru Trade Promotion Agreement Implementation Act
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 138 321-328 Name of Law: United States-Peru Trade Promotion Agreement Implementation Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 30368	06/01/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 62760	10/13/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Requirements to Submit Comments on a Pending Textile and Apparel Safeguard Action
Requirements to Request Textile Safeguard Action Determination

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6	0	6	0	0	0
Annual Time Burden (Hours)	24	0	24	0	0	0
Annual Cost Burden (Dollars)	960	0	960	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection related to the implementation of the US-PERU Free Trade Agreement.

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Annual Cost to Federal Government: $3,360

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 10/14/2010

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