New Trade Case on Imports of Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam

A new U.S. antidumping (“AD”) duty petition was filed on October 28, 2020, by Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America against imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.

The merchandise covered by this petition is polyester textured yarn. Polyester textured yarn is a type of synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate or "PET"). The petition specifically excluded from this definition textured yarns manufactured from materials other than polyester (such as nylon, polypropylene, and polyethylene).

The petition includes AD (less than fair value) allegations against Indonesia, Malaysia, Thailand, and Vietnam. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that standard is met, then the cases will move to the DOC which will calculate the preliminary AD duty margins.

The DOC’s preliminary determinations are currently scheduled for April 7, 2021, which is the date when importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

The following are key facts about this trade case:

Petitioners: Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America

Foreign Producers/Exporters and US Importers:  Please contact us for a listing of individual companies named in the petition.

AD margins: Petitioners have alleged the following AD margins:

  • Indonesia: a calculated AD margin of 15.51 percent, ad valorem.
  • Malaysia: a calculated AD margin of 75.13 percent, ad valorem
  • Thailand: a calculated AD margin of 56.80 percent, ad valorem
  • Vietnam: a calculated AD margin of 42.29 percent, ad valorem

Merchandise covered by the scope of the case:

The scope of these investigations covers polyester textured yarn, which 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. These HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680); Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924); Courtney Gayle Taylor (cgtaylor@clarkhill.com; 202-552-2350); Dennis Devaney (ddevaney@clarkhill.com); or another member of Clark Hill's International Trade Business Unit.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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