U.S. polyester textured yarn producers applaud DOD antidumping determination
Posted June 3, 2021
WASHINGTON, D.C. – On May 27, the U.S. Department of Commerce announced that imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam are being unfairly sold below their fair value in the United States at the margins listed below this release.
U.S. Customs and Border Protection will now begin collecting antidumping duties (AD) in the amount equal to the dumping cash deposits rates for imports from each country. Importers will be required to post duty deposits at these AD rates on the date the preliminary determinations are published in the Federal Register (in approximately one week). These deposits will be collected until the Commerce Department and U.S. International Trade Commission (USITC) conclude their investigations later this year. At that time, the duties could change.
Imports of polyester textured yarn from China and India are currently subject to significant double- and triple-digit AD and countervailing duties as a result of prior investigations that concluded in January 2020.
Two major U.S. synthetic yarn producers – Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America – filed petitions with the Commerce Department and the USITC in October 2020 alleging that dumped imports of polyester textured yarn from Indonesia, Malaysia, Thailand and Vietnam are causing material injury to the domestic industry. The Commerce Department initiated the investigations in November 2020, and the USITC preliminarily determined in December 2020 that imports from the four countries 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).
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.
Source: Kelley Drye & Warren LLP