Notice2024-05338
Fine Denier Polyester Staple Fiber; Institution of Investigation, Scheduling of Public Hearings, and Determination That the Investigation Is Extraordinarily Complicated
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2024
Issuing agencies
International Trade Commission
Abstract
Following receipt of a petition for import relief, as filed on February 28, 2024, the Commission has instituted investigation No. TA- 201-078 pursuant to section 202 of the Trade Act of 1974 ("the Act") to determine whether fine denier polyester staple fiber ("fine denier PSF") 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 producing an article like or directly competitive with the imported article. The Commission has deemed the petition to have been filed on February 28, 2024. The Commission has determined that this investigation is "extraordinarily complicated," and will make its injury determination by July 9, 2024. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was filed, or by August 26, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 50 (Wednesday, March 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18435-18437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05338]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-078]
Fine Denier Polyester Staple Fiber; Institution of Investigation,
Scheduling of Public Hearings, and Determination That the Investigation
Is Extraordinarily Complicated
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and scheduling of public
hearings.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a petition for import relief, as filed on
February 28, 2024, the Commission has instituted investigation No. TA-
201-078 pursuant to section 202 of the Trade Act of 1974 (``the Act'')
to determine whether fine denier polyester staple fiber (``fine denier
PSF'') 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 producing an article like or
directly competitive with the imported article. The Commission has
deemed the petition to have been filed on February 28, 2024. The
Commission has determined that this investigation is ``extraordinarily
complicated,'' and will make its injury determination by July 9, 2024.
The Commission will submit to the President the report required under
section 202(f) of the Act within 180 days after the date on which the
petition was filed, or by August 26, 2024.
DATES: Applicable February 28, 2024.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--This investigation is being instituted, pursuant to
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as
filed on February 28, 2024, by Fiber Industries LLC d/b/a Darling
Fibers (``Darling''), Nan Ya Plastics Corp, America (``Nan Ya''), and
Sun Fiber LLC (``Sun Fiber''), producers of fine denier PSF in the
United States. Darling, Nan Ya, and Sun Fiber allege that fine denier
PSF is being imported into the United States in such increased
quantities as to be a substantial cause of serious injury, and the
threat thereof, to the domestic industry producing an article like or
directly competitive with the imported article. The Commission must
submit its report on this investigation to the President no later than
180 days after institution, which in this case falls on August 26,
2024. (19 U.S.C. 2252(f)).
The imported article covered by this investigation is fine denier
PSF, not carded or combed, measuring less than 3.3 decitex (3 denier)
in diameter. The scope covers all fine denier PSF, whether coated or
uncoated. The following products are not covered by this investigation:
(1) PSF equal to or greater than 3.3 decitex (more than 3 denier,
inclusive) currently imported under HTSUS statistical reporting numbers
5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a
polyester fiber component that melts at a lower temperature than the
other polyester fiber component, which is currently imported under
HTSUS statistical reporting number 5503.20.0015.
For Customs purposes, the fine denier PSF covered by the
investigation is provided for under Harmonized Tariff Schedule of the
United States (``HTSUS'') subheading 5503.20.0025. These HTSUS numbers
are provided for convenience and the written description of the scope
is dispositive.
Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is
``extraordinarily complicated'' within the meaning of section
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's
decision to designate this investigation ``extraordinarily
complicated'' is based on the complexity of the issues, including the
existence of antidumping and countervailing duty orders on certain
imports covered by this investigation. Ordinarily, the Commission would
have been required to make its injury determination within 120 days
after the petition was filed, or by June 27, 2024. (19 U.S.C. 2252
(b)(2)(A)). The statute permits the Commission to take up to 30
additional days to make its injury determination in an investigation
where it determines that the investigation is extraordinarily
[[Page 18436]]
complicated. In this instance, the Commission intends to take
additional days and make its injury determination by July 9, 2024.
Participation in the investigation and public service list.--
Persons (other than petitioners) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a service
list containing the names and addresses of all persons, or their
representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance. Please note
the Secretary's Office will accept only electronic filings during this
time. Filings must be made through the Commission's Electronic Document
Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.) No in-person paper-
based filings or paper copies of any electronic filings will be
accepted until further notice.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued in the investigation, provided
that the application is made not later than 21 days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive CBI under the APO.
The Commission may transmit CBI to the Office of the United States
Trade Representative (USTR) and may include CBI in the report it sends
to the President and USTR for use in decision-making related to this
proceeding. Additionally, all information, including CBI, submitted in
this investigation may be disclosed to and used by (i) the Commission,
its employees and Offices, and contract personnel (a) for developing or
maintaining the records of this or a related proceeding, or (b) in
internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and
contract personnel for cybersecurity purposes. The Commission will not
otherwise disclose any CBI in a manner that would reveal the operations
of the firm supplying the information.
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
this investigation. The hearing on injury will be held beginning at
9:30 a.m. on June 4, 2024, at the U.S. International Trade Commission
Building, 500 E Street SW, Washington, DC. In the event that the
Commission makes an affirmative injury determination or is equally
divided on the question of injury in this investigation, a hearing on
the question of remedy will be held beginning at 9:30 a.m. on July 23,
2024. Requests to appear at the hearings should be filed in writing
with the Secretary to the Commission on or before May 24, 2024, for the
injury hearing, and July 17, 2024, for the remedy hearing. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearings.
All parties and nonparties desiring to appear at the hearings and
make oral presentations should participate in prehearing conferences to
be held on May 31, 2024, for the injury hearing and July 19, 2024, for
the remedy hearing, if deemed necessary. Parties shall file and serve
written testimony and presentation slides in connection with their
presentation at the hearing by no later than 4 p.m. on the business day
prior to the hearing. Oral testimony and written materials to be
submitted at the public hearings are governed by sections 201.6(b)(2)
201.13(f), and 206.5 of the Commission's rules. Parties must submit any
request to present a portion of their hearing testimony in camera no
later than 7 business days prior to the date of the respective
hearings.
Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigations, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3
p.m. the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
Written submissions.--Each party who is an interested party may
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of sections 201.8, 206.7, and 206.8 of the
Commission's rules. The deadline for filing prehearing briefs on injury
is May 28, 2024; that for filing prehearing briefs on remedy, including
any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is July 16, 2024.
Parties may also file written testimony in connection with their
presentation at the hearing, as provided in sections 201.13, 206.5, and
206.8 of the Commission's rules, and posthearing briefs, which must
conform with the provisions of sections 201.8, 201.13, 206.7, and 206.8
of Commission's rules. The deadline for filing posthearing briefs for
the injury phase of the investigation is June 11, 2024; the deadline
for filing posthearing briefs for the remedy phase of the
investigation, if any, is July 29, 2024.
No posthearing brief, either in the injury phase or any remedy
phase, shall exceed fifteen (15) pages of textual material, double-
spaced and single-sided, when printed out on pages measuring 8.5 x 11
inches. In addition, the presiding official may permit persons to file
answers to questions or requests made by the Commission at the hearing
for the injury phase, and at any hearing for the remedy phase, within a
specified time. In addition, 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 on or
before June 11, 2024, and pertinent to the consideration of remedy on
or before July 29, 2024. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain CBI must also conform with the requirements of sections
201.6 and 206.17 of the Commission's rules. The Commission's Handbook
on E-Filing, available on the Commission's website at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>, elaborates upon the Commission's rules with respect to
electronic filing. Any additional written submissions to the
Commission, including requests pursuant to section 201.12 of the
Commission's rules, will not be accepted unless good cause is shown for
accepting such a submission, or unless the submission is pursuant to a
specific request by a Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and
[[Page 18437]]
Procedure, part 201, subparts A and B (19 CFR part 201), and part 206,
subparts A and B (19 CFR part 206).
Authority: This investigation is being conducted under authority of
section 202 of the Act; this notice is published pursuant to section
202(b)(3) of the Act.
By order of the Commission.
Issued: March 8, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05338 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P
</pre></body>
</html>Indexed from Federal Register on March 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.