123STA T . 3 60 6 PROCL A M AT I O N8 3 4 1 —J AN. 16 , 200 9An n ex2.3ofth eA gr ee m ent to en su re th a t i m p orts of agri c u l tural goo d s do not disrupt the orderl y mar k eting of commodities in the U nited S tates. T his action is set forth in Annex I of P u b lication 4058 . (6) The C ITA is authori z ed to exercise my authority under section 203(o) of the Implementation Act to determine that a fabric , yarn, or fiberisorisnota v ailable in commercial q uantities in a timely manner in the United States and Peru
to establish procedures governing the request for any such determination and ensuring appropriate public participation in any such determination; to add any fabric, yarn, or fiber determined to be not available in commercial quantities in a time - ly manner in the United States and Peru to the list in Annex 3- B of the Agreement in a restricted or unrestricted quantity; to eliminate a restriction on the quantity of a fabric, yarn, or fiber w ithin 6 months after adding the fabric, yarn, or fiber to the list in Annex 3-B of the Agreement in a restricted quantity; and to restrict the quantity of, or remove from the list in Annex 3-B of the Agreement, certain fabrics, yarns, or fibers. ( 7 ) The CITA is authorized to exercise my authority under section 208 of the Implementation Act to exclude certain textile and apparel goods from the customs territory of the United States; to determine whether an enterprise ’ s production of, and capability to produce, goods are con- sistent with statements by the enterprise; to find that an enterprise has knowingly or willfully engaged in circumvention; and to deny pref- erential tariff treatment to textile and apparel goods. (8) The CITA is authorized to exercise the functions of the President under subtitle B of title III of the Implementation Act to review re- quests, and to determine whether to commence consideration of such requests; to cause to be published in the F ederal R egister a notice of commencement of consideration of a request and notice seeking public comment; to determine whether imports of a Peruvian textile or ap- parel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competi- tive with, the imported article; and to provide relief from imports of an article that is the sub j ect of such a determination. ( 9 ) The CITA, after consultation with the Commissioner of Customs (the ‘ ‘Commissioner’’), is authorized to consult with representatives of Peru for the purpose of identifying particular textile or apparel goods of Peru that are mutually agreed to be handloomed fabrics, handmade goods made of such handloomed fabrics, folklore goods, or handmade goods that substantially incorporate a historical or traditional regional design or motif, as provided in Article 3.3. 1 2 of the Agreement. The Commissioner shall take actions as directed by the CITA to carry out any such determination. (10) The USTR is authorized to fulfill my obligations under section 104 of the Implementation Act to obtain advice from the appropriate advi- sory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclama- tion; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action. (11) The USTR is authorized to modify U.S. note 29 to subchapter X XII of chapter 98 of the H TS in a notice published in the Federal Register to reflect modifications pursuant to paragraph (6) of this proclamation
