Notice2024-19673
Fine Denier Polyester Staple Fiber
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
September 3, 2024
Issuing agencies
International Trade Commission
Abstract
Section 202(f)(3) of the Trade Act of 1974 requires that the United States International Trade Commission ("Commission") publish in the Federal Register a summary of each report that it submits to the President under section 202(f)(1) of the Trade Act of 1974. Set forth below is a summary of the report that the Commission submitted to the President on August 26, 2024, on investigation No. TA-201-78, Fine Denier Polyester Staple Fiber. The Commission conducted the investigation under section 202(b) of the Trade Act of 1974 following receipt of a petition filed on February 28, 2024. The full text of the report (with the exception of confidential business information) will be posted on the Commission's website at https://www.usitc.gov.
Full Text
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<title>Federal Register, Volume 89 Issue 170 (Tuesday, September 3, 2024)</title>
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[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Notices]
[Pages 71422-71424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19673]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-78]
Fine Denier Polyester Staple Fiber
AGENCY: United States International Trade Commission.
ACTION: Publication of summary of the Commission's report on the
investigation.
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SUMMARY: Section 202(f)(3) of the Trade Act of 1974 requires that the
United States International Trade Commission (``Commission'') publish
in the Federal Register a summary of each report that it submits to the
President under section 202(f)(1) of the Trade Act of 1974. Set forth
below is a summary of the report that the Commission submitted to the
President on August 26, 2024, on investigation No. TA-201-78, Fine
Denier Polyester Staple Fiber. The Commission conducted the
investigation under section 202(b) of the Trade Act of 1974 following
receipt of a petition filed on February 28, 2024. The full text of the
report (with the exception of confidential business information) will
be posted on the Commission's website at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
DATES: August 26, 2024: Transmittal of the Commission's report to the
President.
ADDRESSES: United States International Trade Commission, 500 E Street
SW, Washington, DC 20436. 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>.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), Office
of Investigations, U.S. International Trade Commission 500 E Street SW,
Washington, DC 20436. The media should contact Jennifer Andberg, Office
of External Relations (202-205-3404 or <a href="/cdn-cgi/l/email-protection#7e341b101017181b0c503f101a1c1b0c193e0b0d170a1d50191108"><span class="__cf_email__" data-cfemail="8ac0efe4e4e3eceff8a4cbe4eee8eff8edcafff9e3fee9a4ede5fc">[email protected]</span></a>).
Hearing-impaired individuals may obtain information on this matter by
contacting the Commission's TDD terminal at 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its website (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). 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.
SUPPLEMENTARY INFORMATION:
Procedural summary: On February 28, 2024, the Commission instituted
this investigation under section 202(b) of the Trade Act of 1974 (19
U.S.C. 2252(b)) 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
instituted the investigation in response to a petition filed on
February 28, 2024, by Fiber Industries LLC d/b/a Darling Fibers, Nan Ya
Plastics Corporation, America, and Sun Fiber LLC, producers of fine
denier PSF in the United States.
Notice of the institution of the Commission's investigation and of
the scheduling of public hearings to be held in connection therewith
was given by posting copies of the notice in the Office of the
Secretary, U.S. International Trade Commission, Washington, DC, and by
publishing the notice in the Federal Register (89 FR 18435 (March 13,
2024)). The public hearing in connection with the injury phase of the
investigation was held on June 4, 2024, in Washington, DC, and the
public hearing in connection with the remedy phase of the investigation
was held on July 23, 2024, in Washington, DC; all persons who requested
the opportunity were permitted to participate. The Commission voted
with respect to injury issues on July 9, 2024, and with respect to
remedy issues on August 13, 2024.
[[Page 71423]]
The Commission submitted its report to the President on August 26,
2024. The report included the Commission's injury determination and
remedy recommendations, an explanation of the basis for the
determination and remedy recommendations, and a summary of the
information obtained in the investigation.
Section 202(f)(3) of the Trade Act of 1974 (19 U.S.C. 2252(f)(3))
requires that the United States International Trade Commission
(``Commission'') publish in the Federal Register a summary of each
report that it submits to the President under section 202(f)(1) of the
Trade Act of 1974.
Determination: On the basis of information developed in the subject
investigation, the Commission determined pursuant to section 202(b) of
the Trade Act of 1974 that fine denier PSF is being imported into the
United States in such increased quantities as to be a substantial cause
of serious injury to the domestic industry producing an article like or
directly competitive with the imported article.
Having made an affirmative injury determination pursuant to section
202(b) of the Trade Act of 1974, the Commission was required to make
certain additional findings under the implementing statutes of certain
free trade agreements (``FTAs'') or under statutory provisions related
to certain preferential trade programs. Under section 301(a) of the
United States-Mexico-Canada (``USMCA'') Implementation Act (19 U.S.C.
4551(a)), the Commission found that imports of fine denier PSF from
neither Canada nor Mexico account for a substantial share of total
imports or contribute importantly to the serious injury caused by
imports. The Commission further found that imports of fine denier PSF
from Australia, the U.S.-Dominican Republic--Central America Free Trade
Agreement (``CAFTA DR'') countries, Colombia, Jordan, South Korea,
Panama, Peru, and Singapore, individually, are not a substantial cause
of serious injury or threat thereof, under the relevant FTA
implementing statutes. See 19 U.S.C. 2112 note (Jordan); 19 U.S.C. 3805
note (Australia, Colombia, South Korea, Panama, Peru, Singapore); 19
U.S.C. 4101 (CAFTA-DR). The Commission also found that the serious
injury substantially caused by imports to the domestic industry
producing a like or directly competitive article does not result from
the reduction or elimination of any duty provided for under the U.S.-
Israel Free Trade Agreement or from duty-free treatment provided for
under the Caribbean Basin Economic Recovery Act (``CBERA'') provisions
of the Caribbean Basin Initiative Trade Program or the Generalized
System of Preferences (``GSP'') program. See 19 U.S.C. 2112 note
(Israel); 19 U.S.C. 2703(e) (CBERA); 19 U.S.C. 2253(e)(6) (GSP).
Remedy recommendations. In order to address the serious injury to
the domestic industry producing fine denier PSF and be most effective
in facilitating the efforts of the domestic industry to make a positive
adjustment to import competition, the Commission recommends several
actions.
The Commission unanimously recommends a four-year period of relief.
It also unanimously recommends that a quantitative restriction
(``QR''), to be set at zero in the first year of relief increasing by
one million pounds in each subsequent year over the duration of the
safeguard, be imposed on imports of fine denier PSF entered free under
bond as articles to be processed for export under the Temporary
Importation under Bond (TIB) program. All Commissioners additionally
recommend a tariff-rate quota (``TRQ'') be imposed on imports of fine
denier PSF from all countries covered by their affirmative injury
determination.
Commissioners Johanson and Schmidtlein recommend a TRQ with an in-
quota volume level of 145,000,000 pounds (inclusive of any imports of
the article under HTS statistical reporting number 9813.00.0520), with
an in-quota tariff rate of 15 percent ad valorem and an out-of-quota
tariff rate of 40 percent ad valorem. They recommend that the in-quota
tariff rate decrease by 1 percentage point and the out-of-quota tariff
rate decrease by 2 percentage points, in each subsequent year of the
four-year relief period. Commissioners Johanson and Schmidtlein
recommend that any imports of the article under HTS statistical
reporting number 9813.00.0520 entered after the tariff-rate quota has
filled for the year would be subject to the over-quota duty rate.
Chair Karpel recommends a TRQ with an in-quota volume level of
114,820,000 pounds, with an in-quota tariff rate of 15 percent ad
valorem and an out-of-quota tariff rate of 45 percent ad valorem. Chair
Karpel recommends that the in-quota and out-of-quota tariff rates
decrease by 1 percentage point in each subsequent year of the four-year
relief period. Chair Karpel recommends that the TRQ's in-quota volume
level is inclusive of any imports of fine denier polyester staple fiber
under HTS subheading 9813.00.05.
Commissioner Kearns recommends a TRQ with an in-quota volume level
of 110,000,000 pounds (inclusive of any imports of the article under
HTS statistical reporting number 9813.00.0520, with the exception of
imports from countries that were not covered by the Commission's injury
determination), with an in-quota tariff rate of 22 percent ad valorem
in the first year, reduced to 20 percent ad valorem in the second and
third years, and reduced to 18 percent ad valorem in the fourth year.
Commissioner Kearns recommends an out-of-quota tariff rate of 50
percent ad valorem, reduced by three percentage points in each
subsequent year of the four-year relief period. Commissioner Kearns
recommends that fine denier PSF imported under HTS statistical
reporting number 9813.00.0520, with the exception of TIB entries from
the FTA and trade preference countries that were not covered by the
Commission's injury determination, be subject to the in-quota and out-
of-quota tariff rates.
Having made negative findings with respect to imports from Canada
and Mexico under section 302 of the USMCA Implementation Act, and
having made findings that imports from Australia, the CAFTA-DR
countries, Colombia, Israel, Jordan, Panama, Peru, Singapore, South
Korea, and the beneficiary countries under the Caribbean Basin Economic
Recovery Act were not a substantial cause of the serious injury
experienced by the domestic industry, the Commission recommends that
the President exclude such countries from any form of the TRQ.
All Commissioners recommend that the QR imposed on imports of fine
denier PSF entered under TIB under HTS statistical reporting number
9813.00.0520 apply to imports from all countries for which they
recommend application of the TRQ. Chair Karpel and Commissioner
Schmidtlein recommend that the QR also apply to imports from South
Korea. Commissioner Kearns recommends that the QR be applied to all
countries, including South Korea.
[[Page 71424]]
Summary of Commissioners' Recommended Actions on Fine Denier PSF
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Year 1 Year 2 Year 3 Year 4
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QR: Fine denier PSF entries under HTS statistical reporting number 9813.00.0520
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QR Level (pounds):
All Commissioners............... zero.............. 1 million......... 2 million......... 3 million
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Tariff Rate Quota
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In-Quota Volume Level (thousands
of pounds):
Johanson and Schmidtlein.... 145,000........... 145,000........... 145,000........... 145,000
Karpel...................... 114,820........... 114,820........... 114,820........... 114,820
Kearns...................... 110,000........... 110,000........... 110,000........... 110,000
In-Quota Tariff Rate (ad 15................ 14................ 13................ 12
valorem):
Karpel, Johanson, and
Schmidtlein.
Kearns...................... 22................ 20................ 20................ 18
Out-of-Quota Tariff Rate (ad
valorem):
Johanson and Schmidtlein.... 40................ 38................ 36................ 34
Karpel...................... 45................ 44................ 43................ 42
Kearns...................... 50................ 47................ 44................ 41
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The Commission further recommends that the President authorize the
establishment of an exclusion process to allow for importation of
covered imports without application of the remedy measures in the case
of a demonstrated lack of production in the United States for a
particularized fine denier polyester staple fiber product or in the
case of a critical short supply of a particularized fine denier
polyester staple fiber product from domestic sources.
Chair Karpel, Commissioner Johanson, and Commissioner Schmidtlein
recommend that the President consider programs to assist downstream
users of fine denier PSF and to mitigate the potential impact of the
remedy on such users.
Chair Karpel and Commissioner Schmidtlein recommend that the
President submit to Congress, pursuant to his authority under section
203(a)(3)(H), a legislative proposal that would permanently preclude
the importation of fine denier PSF under TIB to avoid payment of cash
deposits and assessed antidumping and countervailing duties that would
otherwise apply to the product.
Commissioner Kearns recommends that the President submit to
Congress a legislative proposal to permanently preclude the ability to
avoid payment of any antidumping or countervailing duty through the TIB
provision provided for in HTS subheading 9813.00.0520.
Commissioner Kearns also recommends that the President submit to
Congress a legislative proposal to distribute TRQ revenue generated by
this action to downstream users of the article, to the extent necessary
to reduce injury to domestic manufacturers of downstream products.
Availability of the public version of the report. The public
version of the Commission's report containing the Commission's injury
determination, its remedy recommendations, an explanation of the basis
for its injury determination and remedy recommendations, and a summary
of the information obtained in the investigation is contained in Fine
Denier Polyester Staple Fiber, Inv. No. 201-TA-78, USITC Publication
5536 (August 2024).
By order of the Commission.
Issued: August 27, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-19673 Filed 8-30-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 3, 2024.
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