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Court Says Government Can Consider China Safeguards

By Staff -- Home Textiles Today, 7/11/2005

Washington —A U.S. court of appeals has reversed an injunction issued by the U.S. Court of International Trade (CIT) that prohibited the government from considering safeguard petitions which sought to limit the influx of Chinese-made textiles and apparel goods into the United States.

The decision means the seven safeguard petitions already approved by the government before the injunction are in effect. It also clears the way for textiles trade associations — such as the American Manufacturing Trade Action Coalition, which has already filed a number of petitions — to file additional safeguard requests.

The injunction had been implemented by CIT as a result of a lawsuit filed by the U.S. Association of Importers of Textile and Apparel, which argued that the government's Committee for the Implementation of Textile Agreements did not have a right to consider threat-based petitions.

On May 28, the U.S. court of appeals stayed the CIT injunction, enabling the government to approve safeguards on combed cotton yarn, among other categories.

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