CITA Resumes Consideration of China Safeguard Petitions Based on "Threat of" Market Disruption

¹ Safeguard proceedings also self-initiated by CITA based on claims of actual market disruption

² Safeguard proceedings also initiated based on petitioners' claims of actual market disruption

CITA Still Seeking Comments on "Threat of" Market Disruption for China Cats 222, 349/649, 350/650, 447, and 620

For China-origin products in categories 222, 349/649, 350/650, 447, and 620, the comment period regarding 'threat of" market disruption did not close before the date the preliminary injunction was imposed. As a result, CITA is soliciting comments on requests for safeguard quotas for these categories based on "threat of" market disruption, during the period beginning May 10, 2005 and encompassing the number of days remaining in the original comment period. In addition, CITA will decide within 60 days³ after the comment deadline whether to both request consultations with China and impose safeguard quotas based on 'threat of" market disruption:

(CITA notes that any comments already submitted, even if after the date of the preliminary injunction, were retained by CITA and will now be considered. They need not be resubmitted.)

CITA No Longer Seeking Comments on China Cats 301, 338/339, 340/640, 347/348, 352/652, 638/639, and 647/648

CITA adds that it is not soliciting any further comment with respect to those requests where the public comment period closed before the preliminary injunction. The affected China-origin products are in categories 301, 338/339, 340/640, 347/348, 352/652, 638/639, and 647/648. As a result, CITA states that it will decide within 60 calendar days³ of May 9, 2005 (approximately July 8, 2005) whether the U.S. will request consultations with China, and impose a safeguard quota, on any of these categories based on "threat of" market disruption:

³ CITA states that if it is unable to make a determination(s) within 60 calendar days, it will announce the new due date(s) for this determination(s) in the Federal Register.

⁴ approximate dates; if "threat of" market disruption safeguard quotas are imposed in July 2005, the level(s) would be official year-ending April 2005 imports (May 1, 2004 - April 30, 2005) 7.5% (6% for wool product categories). If imposed in August 2005, the safeguard quota level(s) would be official year-ending May 2005 imports (June 1, 2004 - May 31, 2005) 7.5% (6% for wool product categories), and so on.

(CITA's consideration of these "threat of" market disruption requests had been preliminarily enjoined on December 30, 2004 by the Court of International Trade (a preliminary injunction), which was then lifted (stayed) by the Court of Appeals for the Federal Circuit (CAFC) on April 27, 2005, pending the government's appeal before the CAFC of the CIT's preliminary injunction.)

CITA contact: Jay Dowling (202) 482-4058

CITA notice (FR Pub 05/09/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-9320.pdf

BP Notes

Regarding CITA's self-initiated safeguard proceedings on China categories 338/339, 347/348, and 352/652 that are based on actual market disruption, CITA can request consultations with China and impose safeguard quotas within 60 days of May 9, 2005 (on/before July 8, 2005 approximately).

The level of any safeguard quota imposed in July 2005 would be equal to official year-ending April 2005 imports (May 1, 2004 - April 30, 2005) 7.5% (6% for wool product categories). If imposed in August 2005, the safeguard quota level(s) would be equal to official year-ending May 2005 imports (June 1, 2004 - May 31, 2005) 7.5% (6% for wool product categories), and so on.

Regarding domestic industry requests for safeguard quotas on China categories 340/640, 345/645/646, 349/649, 350/650, 638/639, 647/648, and 620, CITA can request consultations with China and impose safeguard quotas within 60 days of June 3, 2005 (on/before August 2, 2005 approximately).

The level of any safeguard quota imposed in August 2005 would be official year-ending May 2005 imports (June 1, 2004 - May 31, 2005) 7.5% (6% for wool product categories). If imposed in September 2005, the safeguard quota level would be official year-ending June 2005 imports (July 1, 2004 - June 30, 2005) 7.5% (6% for wool product categories), and so on.

Due Dates for 'Threat' Quota Decisions vs. 'Actual Disruption' Quota Decisions