Background

The International Trade Commission has taken a step toward the imposition of higher tariffs or other restrictions on imports of fine denier polyester staple fiber by concluding in a Section 201 global safeguard investigation that this product 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.

The ITC will next hold a public hearing July 23 on potential remedies, which may include tariff increases, quotas, tariff-rate quotas, trade adjustment assistance, or any combination thereof. The ITC may also recommend the initiation of international negotiations to address the underlying cause of the import increase or any other action authorized under the law that is likely to facilitate positive adjustment to import competition.

The ITC will 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. Relief may initially be imposed for up to four years and extended to no more than eight.

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

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