U.S. Polyester Textured Yarn Producers Applaud U.S. Department Of Commerce’s Affirmative Preliminary Countervailing Duty Determinations On Imports Of Polyester Textured Yarn From China And India

WASHINGTON — April 29, 2019 — On April 29, 2019, the U.S. Department of Commerce (Commerce Department) announced affirmative preliminary determinations that producers and exporters of imports of polyester textured yarn from China and India are being unfairly subsidized by their respective governments at double- and triple-digit margins, as follows.

U.S. Customs and Border Protection will now begin collecting countervailing duties (CVD) in the amount equal to the preliminary subsidy rates for imports from each country.

Importers will be required to post duty deposits at these CVD rates on the date the preliminary determinations are published in the Federal Register (in approximately one week).

The Commerce Department previously announced on April 19, 2019, its affirmative preliminary “critical circumstances” determination with respect to imports of polyester textured yarn from China. As a result, all imports of polyester textured yarn from China will be subject to duty deposits for countervailing duties retroactively — i.e. 90 days from the date the preliminary CVD determinations are published in the Federal Register.

The Commerce Department is scheduled to announce its preliminary determinations in the antidumping duty (AD) investigations involving imports from China and India on June 26, 2019. Importers will then be required to post additional duty deposits at the preliminary dumping rates. Due to the Commerce Department’s affirmative critical circumstances determination, importers of polyester textured yarn from China will then be required to post duty deposits retroactively, i.e. 90 days from the date preliminary AD determinations are published in the Federal Register, at the applicable preliminary AD rates.

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 U.S. International Trade Commission (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 April 30, 2019

Source: Kelley Drye & Warren LLP