U.S. Polyester Textured Yarn Producers Applaud U.S. International Trade Commission’s Final Unanimous Affirmative Injury Determination On Imports Of Polyester Textured Yarn From China And India

WASHINGTON — December 12, 2019 — On December 12, 2019, the U.S. International Trade Commission (USITC) reached a unanimous affirmative decision in the final injury investigation on imports of polyester textured yarn from China and India (subject imports).

As a result of the USITC’s final affirmative determination, which is expected to be published at the end of December, the U.S. Department of Commerce will publish antidumping duty (AD) and countervailing duty (CVD) orders covering the subject imports. The AD and CVD orders are expected to be published in early January 2020.  The orders will put into place the Commerce Department’s final dumping and subsidy margins that were published on November 14, 2019.

Based on today’s affirmative vote, importers must post cash deposits for each shipment of the subject imports, as indicated in the chart above. Importers’ liability could increase or decrease depending on the extent of dumping and subsidization the Commerce Department finds when it conducts a review of the level of dumping and subsidies, which is expected to take place in 2021.

The USITC did not find “critical circumstances” with respect to imports of polyester textured yarn from China. Accordingly, subject imports of polyester textured yarn from China will no longer be subject to retroactive antidumping and countervailing duty deposits that were first imposed in the preliminary determinations.

Petitioners are closely monitoring whether polyester textured yarn from China or India is being shipped through third-party countries and then entering the United States market.

Background

Two major U.S. synthetic yarn producers — Unifi Manufacturing, Inc. and Nan Ya Plastics Corp., America — filed petitions with the Commerce Department and the USITC in October 2018 alleging that dumped and subsidized imports of polyester textured yarn from China and India are causing material injury to the domestic industry. The Commerce Department initiated the investigations in November 2018, and the USITC preliminarily determined in December 2018 that imports from China and India are causing injury to the U.S. domestic industry.

The product covered by the investigation, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber.  This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams).

Excluded from the scope of the investigation is bulk continuous filament yarn that: (a) is polyester synthetic multifilament yarn; (b) has denier size ranges of 900 and above; (c) has turns per meter of 40 and above; and (d) has a maximum shrinkage of 2.5 percent.

The merchandise subject to this investigation is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS).  Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

The petitioning companies are represented by Kelley Drye & Warren LLP.

Posted December 12, 2019

Source: Kelley Drye & Warren LLP