Department of Commerce Issues Affirmative Preliminary Antidumping Duty Determinations on Fine Denier Polyester Staple Fiber

December 19, U.S. Secretary of Commerce Wilbur Ross announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of fine denier polyester staple fiber, finding that exporters from China, India, Korea, and Taiwan have sold this merchandise at less than fair value.

“The U.S. values its relationships with these nations, but all of our trading partners must play by the rules,” said Secretary Ross. “We will continue to review all information related to this preliminary determination while standing up for American businesses and workers.”

As a result of decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of fine denier polyester staple fiber from China (52.66 percent to 170.92 percent), India (0.66 percent to 15.66 percent), Korea (0.00 percent to 45.23 percent), and Taiwan (0.00 percent to 48.86 percent) based on these preliminary rates.

In 2016, U.S. imports of fine denier polyester staple fiber from China, India, Korea, and Taiwan were valued at an estimated $79.4 million, $14.7 million, $10.6 million, and $9.6 million, respectively.

The petitioners are DAK Americas LLC (NC), Nan Ya Plastics Corporation, America (SC), and Auriga Polymers Inc. (NC).

Click HERE for a fact sheet on decisions.

Enforcement of U.S. trade law is a prime focus of the Trump administration. From January 20, 2017, through December 18, 2017, Commerce initiated 79

antidumping and countervailing duty investigations – a 52 percent increase from 52 initiations in the previous year.

The AD law provides U.S. businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 412 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Unless the final determinations are postponed, Commerce is currently scheduled to announce its final AD determinations on March 5, 2018.

If Commerce makes affirmative final determinations of dumping and the U.S. International Trade Commission (ITC) makes affirmative final injury determinations, Commerce will issue AD orders.  If Commerce makes negative final determinations of dumping or the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued.

Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international law and is based solely on factual evidence.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties.