Polyester Textured Yarn: New AD Duty Investigations Deadlines & Scope
The Commerce Department issued a notice in the Federal Register on its recently initiated antidumping duty investigations on polyester textured yarn from Indonesia (A-560-838), Malaysia (A-557-823), Thailand (A-549-843) and Vietnam (A-552-832).
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The International Trade Commission will conduct concurrent investigations to determine whether imports of dumped and illegally subsidized polyester textured yarn are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Dec. 14, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in April, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. 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 for its AD duty investigations on Indonesia, Malaysia and Thailand based on CBP import data. For its investigation of Vietnam, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Vietnamese exporters that don't get a quantity and value questionnaire can still submit one using the form available on the Commerce website. Responses are due Dec. 1.
Scope of the AD/CVD Investigations
The merchandise covered by these investigations, 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 packaging method (such as spindles, tubes, or beams).
The merchandise subject to these investigations 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.
Participants in the AD/CV duty investigations may submit comments on product coverage under the scope of the investigations by 5 p.m. EST on Dec. 7.
Investigations Timetable
Event | AD Duty |
---|---|
Petitions filed | 10/28/20 |
DOC initiation date | 11/17/20 |
ITC prelim determinations | 12/14/20 |
DOC prelim determinations | 04/06/21 |
DOC final determinations | 06/21/21 |
ITC final determinations | 08/04/21 |
Issuance of orders | 08/11/21 |
These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2010290040 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.