Interim Procedures for Considering Requests from the Public for Textile and Apparel Safeguard Actions on Imports from Colombia

Forms and Documents

Document Name	Status
0625.Colombia TPA Textile Safeguard Provisions.Supp Stmnt.081712.doc Supporting Statement A	2012-08-24

IC Document Collections

IC ID	Document Title	Status
202386	Requirements to Submit Comments on a Pending Textile and Apparel Safeguard Action Other-Reporting Requirements	New
202385	Requirements to Request Textile Safeguard Action Determination Other-Reporting Requirements	New

ICR Details

OMB Control No: 0625-0271	ICR Reference No: 201205-0625-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: Interim Procedures for Considering Requests from the Public for Textile and Apparel Safeguard Actions on Imports from Colombia
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: 10/15/2012
	Date Received in OIRA: 08/24/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	36 Months From Approved
Responses	6	0	0
Time Burden (Hours)	24	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Title III, Subtitle B, Section 321 through Section 328 of the Implementation Act implements the textile and apparel safeguard provisions, provided for in Article 3.1 of the US-Colombia TPA. The safeguard mechanism applies when, as a result of the elimination of duties under the US-Colombia TPA, a Colombian textile or apparel article benefiting from preferential tariff treatment 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, Section 322 of the Implementation Act permits the United States to increase duties on the imported article from Colombia to a level that does not exceed the lesser of the prevailing U.S. most-favored-nation (MFN) duty rate for the article or the U.S. MFN duty rate in effect on the day before the US-Colombia TPA enters into force. The import tariff relief is effective beginning on the date that CITA determines that a "Colombian textile or apparel article," as defined in Section 301(2) of the Implementation Act, 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 that imports of the article cause serious damage, or actual threat thereof, to a U.S. industry producing an article that is like, or directly competitive with, the imported article. Consistent with Section 323(a) of the Implementation Act, the maximum period of import tariff relief, as set forth in Section 3 of this notice, shall be two years. However, consistent with Section 323(b) of the Implementation Act, CITA may extend the period of import relief for a period of not more than 1 year if CITA determines that the continuation is necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition, and that there is evidence that the domestic industry is making a positive adjustment to import competition. Import tariff relief may not be applied to the same article at the same time under these procedures if relief previously has been granted with respect to that article under: (1) these procedures; (2) Subtitle A to Title III of the Implementation Act; or (3) Chapter 1 of Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). Authority to provide import tariff relief with respect to a Colombian textile or apparel article will expire five years after the date on which the US-Colombia TPA enters into force. Under Article 3.1.7 of the US-Colombia TPA, if the United States provides relief to a domestic industry under the textile and apparel safeguard, it must provide Colombia "mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the textile safeguard measure." Such concessions shall be limited to textile and apparel products, unless the United States and Colombia agree otherwise. Under Article 3.1.8 of the US-Colombia TPA, if the United States and Colombia are unable to agree on trade liberalizing compensation, Colombia may increase customs duties equivalently on U.S. products. The obligation to provide compensation terminates upon termination of the safeguard relief. Section 327 of the Implementation Act extends the President's authority to provide compensation under Section 123 of the Trade Act of 1974 (19 U.S.C. 2133), as amended, to measures taken pursuant to the US-Colombia TPA's textile and apparel safeguard provisions.

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Authorizing Statute(s): PL: Pub.L. 112 - 42 321-328 Name of Law: United States-Colombia Trade Promotion Agreement Implementation Act
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 42 321-328 Name of Law: United States-Colombia 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:
	77 FR 31835	05/30/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 50986	08/23/2012
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 Request Textile Safeguard Action Determination
Requirements to Submit Comments on a Pending Textile and Apparel Safeguard Action

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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)	0	0	0	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 (program change due to new statue).

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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: 08/24/2012

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