New Antidumping Duty Petitions on Polyester Textured Yarn from Indonesia, Malaysia, Thailand and Vietnam

Faegre Drinker Biddle & Reath LLP
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Faegre Drinker Biddle & Reath LLP

On October 28, 2020, Unifi Manufacturing, Inc., and Nan Ya Plastics Corporation, America (Petitioners) filed antidumping duty (AD) petitions on polyester textured yarn from Indonesia, Malaysia, Thailand and Vietnam.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of polyester textured yarn.

Scope

Per the Petitions:

The merchandise covered by these petitions, polyester textured yarn, is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams).

The merchandise subject to these petitions is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Merchandise may also be entered under HTSUS 5402.52.00. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Estimated Margins

The Petitioners allege the following dumping margins:

  • Indonesia — 15.51%
  • Malaysia — 75.13%
  • Thailand — 56.80%
  • Vietnam — 42.29%

Estimated Schedule of Investigation

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

  • October 28, 2020 — Petitions are filed.
  • November 17, 2020 — DOC initiates investigations.
  • November 18, 2020 — ITC staff conference (estimated).
  • December 14, 2020 — Deadline for ITC preliminary injury determination.
  • April 6, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
  • May 26, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
  • October 8, 2021 — Deadline for DOC final AD determinations, if all deadlines are fully postponed.
  • November 22, 2021 — Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

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