U.S. Polyester Producers Applaud U.S. Department Of Commerce’s Affirmative Preliminary Countervailing Duty Determinations On Imports Of Fine Denier Polyester Staple Fiber From China And India

WASHINGTON — November 1, 2017 —  On October 31, 2017, the U.S. Department of Commerce announced affirmative preliminary determinations that producers and exporters of imports of fine denier polyester staple fiber (fine denier PSF) from China and India are being unfairly subsidized by their respective governments.

The affirmative preliminary determinations mean that U.S. Customs and Border Protection will begin collecting countervailing duties (CVD) in the amount equal to the preliminary subsidy rates in each country.  Importers will be required to post duty deposits beginning on the date of publication of Commerce’s determinations in the Federal Register, in approximately one week.  The preliminary subsidy rates are as follows:

Fine Denier PSF Imports From China

Fine Denier PSF Imports From India

Three major U.S. polyester fiber producers — DAK Americas LLC (DAK), Nan Ya Plastics Corporation, America (Nan Ya), and Auriga Polymers Inc. (Auriga) — filed petitions with the ITC and the U.S. Department of Commerce (Commerce) on May 31, 2017, alleging that dumped imports of fine denier PSF from China, India, Korea, and Taiwan, and subsidized imports of fine denier PSF from China and India, are causing material injury to the domestic industry. The U.S. International Trade Commission reached an affirmative preliminary determination on July 14, 2017 that the domestic industry is materially injured by the unfairly trade fine denier PSF imports, allowing the antidumping and countervailing investigations at Commerce to continue.

In addition to the preliminary determinations for subsidy rates announced today for China and India, Commerce will issue its preliminary determinations in the antidumping duty investigations involving imports from the subject countries of China, India, Korea, and Taiwan on December 18, 2017. At that time, preliminary antidumping duty deposits would also be applied for all companies that receive an affirmative antidumping duty margin.

The product covered by the petition is fine denier polyester staple fiber, which is a synthetic staple fiber of polyesters measuring less than 3.3 decitex (3 denier) in diameter.  Fine denier PSF is generally cut in lengths of less than five inches (127 mm). Fine denier PSF is similar in appearance to cotton or wool. It is typically converted either to yarn for weaving or knitting into fabric or to a nonwoven textile prior to the end-use application.  Woven applications include the production of textiles such as clothing and bedding linens, for example. Nonwoven applications include the production of household and hygiene products such as cleaning wipes, baby wipes, and diapers.

The petitioning companies are DAK Americas LLC, Nan Ya Plastics Corp. America, and Auriga Polymers Inc., represented by Kelley Drye & Warren LLP.

Posted November 2, 2017

Source: Kelley Drye & Warren LLP