Title III, Subtitle B, Section 321 through Section 328 of the U.S.-Oman Free Trade Agreement Implementation Act (the ÂActÂ) 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 requesterÂs 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 CITAÂs 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