Interim Procedures for Considering Requests and Comments from the Public under the Textile and Apparel Safeguard Provision of the U.S.–Korea Free Trade Agreement

Forms and Documents

Document Name	Status
KORUS FTA - Interim Procedures for Textile and Apparel Safeguards March 2012.doc Supplementary Document	2012-03-14
Ltr to OMB.KORUS FTA.SafeguardMech.EmergRevReq.031312.pdf Supplementary Document	2012-03-14
SuppStmt.US KORUS FTA.Textile Apparel Safeguard.031412.doc Supporting Statement A	2012-03-14

IC Document Collections

IC ID	Document Title	Status
201263	Request for Textile Safeguard Action Determination Other-Reporting Requirements	New
201262	Comments to Request Textile Safeguard Action Determination Other-Reporting Requirements	New

ICR Details

OMB Control No: 0625-0269	ICR Reference No: 201202-0625-005
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Interim Procedures for Considering Requests and Comments from the Public under the Textile and Apparel Safeguard Provision of the U.S.–Korea Free Trade Agreement
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/16/2012
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/14/2012
	Date Received in OIRA: 03/14/2012
Terms of Clearance: The emergency clearance request is granted in order to fulfill President Obama’s Proclamation 8783 of March 6, 2012, “To Implement the United States-Korea Free Trade Agreement”, which is effective immediately; while also giving the public an opportunity to comment on the Department of Commerce’s (DOC) interim procedures for considering requests for textile and apparel safeguard actions on imports from Korea and the associated burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2012	6 Months From Approved
Responses	14	0	0
Time Burden (Hours)	56	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The President signed Proclamation No. 8783 on March 6, 2012 to honor its international obligations under the U.S.-Korea Free Trade Agreement Implementation Act. The Committee for the Implementation of Textile Agreements (CITA) of the International Trade Administration (ITA) must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Korea, thereby allowing CITA to take corrective action to protect the viability of the domestic textile and apparel industry, subject to section 332(b) of the Act.

Emergency Justfication: The United States and Korea negotiated the U.S.-Korea Free Trade Agreement (the Agreement), effective March 15, 2012. Article 4.1 of the United States-Korea Free Trade Agreement (the "Agreement") provides for a textile and apparel safeguard mechanism. This safeguard mechanism applies when, as a result of the reduction or elimination of a customs duty under the Agreement, a Korean 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 4.1 permits the United States to (a) suspend any further reduction in the rate of duty provided for under Annex 2-B of the Agreement in the duty imposed on the article; or (b) increase duties on the imported article from Korea 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 enters into force. This right becomes effective when the Agreement enters into force. This emergency review request is needed in order for these procedures to be published as soon as possible after March 15, 2012. The publication of the procedures will allow the U.S. to honor its international obligations and address the litigation risk it may face by not publishing these procedures promptly. The Statement of Administrative Action accompanying the U.S.-Korea Free Trade Agreement Implementation Act (the "Act") provides that CITA will issue procedures for requesting such safeguard measures, for making its determinations under section 332(a) of the Act, and for providing relief under section 332(b) of the Act. In Proclamation No. 8783 (77 FR 14265, March 9, 2012), the President delegated to CITA his authority under Subtitle C of Title III of the Act with respect to textile and apparel safeguard measures. The textile and apparel safeguard mechanism 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 preferential duty or duty-free imports of textiles and apparel from Korea.

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Authorizing Statute(s): PL: Pub.L. 112 - 41 332(a) & 332(b) Name of Law: The U.S.-Korea Free Trade Agreement Implementation Act
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 41 332(a) and 332(b) Name of Law: U.S.-Korea Free Trade 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

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
Comments to Request Textile Safeguard Action Determination
Request for 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	14	0	0	14	0	0
Annual Time Burden (Hours)	56	0	0	56	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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-KOREA FTA, thus a program change.

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Annual Cost to Federal Government: $4,080

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: 03/14/2012

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