Polyester Fiber Restrictions Get Comment Opportunity

The Office of the U.S. Trade Representative has announced a process for importers, exporters, domestic producers, and other interested parties to comment on a potential safeguard on imports of fine denier polyester staple fiber.

For more information on how such a safeguard could impact your business, please contact attorney Kristen Smith at (202) 730-4965 or via email.

In July the International Trade Commission concluded in a Section 201 global safeguard investigation that this fiber is being imported in such increased quantities as to be a substantial cause of serious injury to a U.S. industry.

The ITC’s investigation covers fine denier PSF, not carded or combed, measuring less than 3.3 decitex (3 denier) in diameter. All fine denier PSF is covered, whether coated or uncoated. Subject goods are classified under HTSUS 5503.20.0025.

The following products are not covered: (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive), currently classified under HTSUS 5503.20.0045 and 5503.20.0065, and (2) low-melt PSF (which has one polyester fiber component that melts at a lower temperature than the other), currently classified under HTSUS 5503.20.0015.

Potential remedies may include tariff increases, quotas, tariff-rate quotas, quantitative import restrictions, voluntary export restraints, procedures for the granting of import licenses, and other options. The ITC is expected to submit its remedy recommendations to the president by Aug. 26, but it is up to the president to make the final decision on whether to provide relief as well as its form, amount, and duration.

USTR is accepting written comments on whether the potential remedies are appropriate and in the public interest by Sept. 9 and responses to those comments by Sept. 16. USTR will also hold a public hearing on this issue Sept. 30 and requests to testify are due by Sept. 9.