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Certain Polyester Fiber Imports Still Under Anti-Dumping Rules

Polyester fibers from South Korea and Taiwan will remain under orders aimed at protecting American textile-producing companies, the nation’s top trade court ruled Tuesday.

The U.S. International Trade Commission (USITC) came to the conclusion that revoking the existing antidumping and countervailing duty orders on imported polyester staple fiber from South Korea and Taiwan would likely hamper the domestic industry within a reasonably foreseeable time.

As a result of the USITC’s affirmative determinations, the existing orders on imports of this product from South Korea and Taiwan will remain in place. The action taken Tuesday came under the five-year (sunset) review process required by the Uruguay Round Agreements Act.

Three U.S. synthetic fiber producers–DAK Americas LLC, Nan Ya Plastics Corp. and Auriga Polymers Inc.–originally filed petitions with the USITC on June 1, 2017, alleging that dumped imports of fine denier polyester staple fiber from the countries, which had first also included China and India, were causing significant harm to the domestic textile production sector.

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order or terminate a suspension agreement after five years unless it and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies and of material injury within a reasonably foreseeable time.

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The USITC’s institution notice in five-year reviews requests that interested parties file responses with the commission concerning the likely effects of revoking the order under review, as well as other information. Generally within 95 days from institution, the USITC will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.

If responses to the USITC’s notice of institution are adequate or if other circumstances warrant a full review, the commission conducts a full review, which includes a public hearing and issuance of questionnaires. USITC generally does not hold a hearing or conduct further investigative activities in expedited reviews.

Commissioners base their injury determination in expedited reviews on the facts available, including the USITC’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review and information provided by the Department of Commerce.

The sunset review concerning polyester staple fiber from South Korea and Taiwan was instituted on Jan. 2022. On April 8, the commission voted to conduct expedited reviews.