Background

President Biden has imposed a Section 201 safeguard measure on imports of fine denier polyester staple fiber after the International Trade Commission concluded that this fiber is being imported into the U.S. in such increased quantities as to be a substantial cause or threat of serious injury to the domestic industry producing a like or directly competitive article.

Specifically, the president will impose a quota, to be set at zero in the first year and increased by one million pounds in each of three subsequent years, on imports of fine denier PSF entered as a temporary importation under bond under HTSUS 5503.20.00 and described in HTSUS 5503.20.0025 or 9813.00.0520. This quota will take effect for goods entered on or after 12:01 EST on Nov. 23.

Fine denier PSF is used in the manufacture of yarn, apparel, sanitary products, non-woven fabrics (wipes, suit interlinings, mattresses, etc.), carpets, upholstery, and other items. The quota will apply to fine denier PSF, not carded or combed, measuring less than 3.3 decitex (three denier) in diameter, whether coated or uncoated.

Imports from Canada, Mexico, Australia, Colombia, Israel, Jordan, Panama, Peru, Singapore, CAFTA-DR countries, and beneficiary countries and territories under the Generalized System of Preferences and the Caribbean Basin Economic Recovery Act will not be subject to the quota, provided certain conditions are met.

The president elected not to impose a tariff-rate quota on imports of fine denier PSF, among other things to balance the interests of domestic manufacturers of this fiber with the impact of the safeguard on downstream U.S. producers, including manufacturers of textiles, defense products, and consumer products, that rely on fine denier PSF.

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

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