Export Compliance Daily is a service of Warren Communications News.

AD: China Certain Polyester Staple Fiber

The International Trade Administration (ITA) has initiated an antidumping (AD) duty investigation to determine whether imports of certain polyester staple fiber (PSF) from China are being, or are likely to be, sold in the U.S. at less than fair value.

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Scope of the Investigation: The merchandise subject to this proceeding is synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The subject merchandise may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters,

cushions, pillows, and furniture.

HTS Subheadings for the Investigation: Certain PSF subject to this investigation is classifiable under HTS 5503.20.0045 and 5503.20.0065. The HTS subheadings are provided for convenience and U.S. Customs and Border Protection (CBP) purposes; the above written description of the scope of the investigation is dispositive.

Exclusions from the Scope of the Investigation: The following products are excluded from the scope: (1) PSF of less than 3.3 decitex (less than 3 denier) currently classifiable in HTS 5503.20.0025 and known to the industry as PSF for spinning and generally used in woven and knit applications to produce textile and apparel products; (2) PSF of 10 to 18 denier that are cut to lengths of 6 to 8 inches and that are generally used in the manufacture of carpeting; and (3) low-melt PSF defined as a bi-component fiber with an outer, non-polyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTS 5503.20.0015).

Steps to take for separate rate application, etc. The ITA states that for a non-market economy (NME), China in this case, responses must be submitted for both the quantity and value questionnaire and the separate-rates application by the respective deadlines in order to receive consideration for separate rate status. In addition, the ITA adds that it will send the quantity and value questionnaire to those exporters identified in the petition and the NME government.

The ITA notes that the quantity and value questionnaire for China is included as Appendix I to the ITA's initiation notice and is available on the Import Administration's web site.

- quantity and value questionnaire due no later than August 18, 2006

- separate rates application due no later than September 19, 2006

- comments on the scope of the investigation due within 20 days of July 20, 2006

- ITA's preliminary AD duty determination due no later than 140 days after July 13, 2006 (unless postponed)

- preliminary International Trade Commission (ITC) injury determination due within 25 days after the date on which the ITC receives notice of this initiation

ITA contact - Alex Villanueva (202) 482-3208

ITA notice (FR Pub 07/20/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-11547.pdf

Quantity and value questionnaire available at http://ia.ita.doc.gov/download/prc-polyester-staple-fiber/q-and-v-letter-a570905.pdf

Separate rates application available at http://ia.ita.doc.gov/download/prc-polyester-staple-fiber/separate-rates-application-a570905.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-polyester-staple-fiber-init-071406.pdf.