Low-Melt Polyester Staple Fiber: New AD Duty Investigations Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigations on low-melt polyester staple fiber from South Korea (A-580-895) and Taiwan (A-583-861) (here). The agency will determine whether imports of merchandise subject to these investigations are being sold in the U.S. at less than fair value.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped low-melt polyester staple fiber are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Aug. 11, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, currently due in December, it will set AD duty cash deposit requirements for imports of merchandise subject to these investigations. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it will pick respondents to these investigations based on CBP import data. The agency said it intends to complete selection of the South Korean and Taiwanese exporters under investigation by Aug. 14.
Scope of the AD Duty Investigations
The merchandise subject to these investigations is synthetic staple fibers, not carded or combed, specifically bi-component polyester fibers having a polyester fiber component that melts at a lower temperature than the other polyester fiber component (low-melt PSF). The scope includes bi-component polyester staple fibers of any denier or cut length. The subject merchandise may be coated, usually with a finish or dye, or not coated.
Low-melt PSF is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 5503.20.0015. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the merchandise under the investigations is dispositive.
Scope Comments due Aug. 7
In its initiation notice, Commerce adopted the scope of investigations proposed in the original petition for AD duties, but noted that modifications may be necessary to prevent overlap between this investigation on low-melt polyester staple fiber, ongoing investigations on fine denier polyester staple fiber, and existing antidumping duty orders on polyester staple fiber. Comments on the scope of these investigations are due by Aug. 7.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 06/27/17 |
| DOC initiation date | 07/17/17 |
| ITC prelim determinations* | 08/11/17 |
| DOC prelim determinations† | 12/04/17 |
| DOC final determinations† | 02/20/18 |
| ITC final determinations‡ | 04/03/18 |
| Issuance of orders+ | 04/10/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1706290036 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is here.