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ITC Begins Safeguard Investigation on Fine Denier Polyester Staple Fiber

The International Trade Commission is beginning a Section 201 safeguard investigation on possible injury to domestic industry by imports of fine denier polyester staple fiber, it said in a notice released March 12.

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The two-part investigation will first consider whether fine denier polyester staple fiber “is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry.” If it finds injury, the ITC will then begin the second phase of the investigation, which will consider remedy.

In their Feb. 28 petition (see 2403010070), Fiber Industries (d/b/a Darling Fibers), Nan Ya Plastics America and Sun Fiber asked for a quota, tariff-rate quota or tariffs on imports of fine denier polyester staple fiber, as well as the “correction” of a “loophole that allows imports to be brought in without paying remedial duties under temporary import bond.” The petition also sought “modification of current trade agreements containing ‘yarn forward’ rules to apply to U.S.-produced fiber.”

The ITC deemed the investigation “extraordinarily complicated,” partially due to “the existence of antidumping and countervailing duty orders on certain imports covered by this investigation.” As a result, the commission is extending the due date for the investigation by two weeks.

The ITC said it will make its injury determination in the investigation by July 9. If it finds injury, the ITC will continue to the remedy phase of the investigation, and submit a report to the president by Aug. 26.

Requests to participate in the investigation as a party are due to the ITC by April 3.

The commission will hold a hearing on its first phase injury investigation on June 4. Requests to appear should be filed by May 24, and post-hearing briefs are due June 11. If it finds injury, the ITC will then hold a hearing on the remedy phase of its investigation on July 23, with requests to appear at that hearing due July 17 and post-hearing briefs on remedy due July 29.

The ITC said that “any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the consideration of injury” by June 11, or on remedy by July 29.