Petition to impose antidumping and countervailing duty on fine denier PSF

Petition for antidumping (AD) on fine denier polyester staple fiber (fine denier PSF) from China, India, Korea, Taiwan, and Vietnam has been filed by DAK Americas LLC; Nan Ya Plastics Corporation, America; and Auriga Polymers Inc. They have also filed countervailing duty (CVD) petitions on fine denier PSF from China and India.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies.

For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of fine denier PSF.

The merchandise subject to this proceeding is synthetic staple fibers, not carded, combed or otherwise processed for spinning, nonwoven and other uses, of polyesters measuring less than 3.3 decitex (3 denier) in diameter. The subject merchandise may be coated, usually with a finish, or not coated. Subject fine denier polyester staple fiber (“fine denier PSF”) is generally used for yam spinning for woven and knit applications to produce textile and apparel products, for non-woven applications to produce wipes, medical/hygiene products, and other personal care items, and for other end uses.

The following products are excluded from the scope: (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive) currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) at subheadings 5503.20.0045 and 5503.20.0065, which is often used in “fill” applications; and (2) low-melt PSF defined as a bi-component fiber with an outer, nonpolyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTSUS 5503.20.0015).

Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive.

PSF is a man‐made fiber that is similar in appearance to cotton or wool fiber when baled. Raw materials used to produce certain PSF may vary. Staple fiber can be made by reacting ethylene glycol with either terephthalic acid or methyl ester, from recycled polyester using consumer or industrial waste, or a blend of these types of staple fiber.

The physical characteristics that distinguish certain PSF from other polyester stable fibers include the denier, length, finish, and “crimp” of the fiber. Because certain PSF is principally used as fiberfill and is not seen by the end user, its appearance is considered less important than its performance. Certain PSF can be produced in many variations to enhance its quality, such as using crimped or conjugate fiber to “loft” for stuffing purposes, or to be coated with a finish to make the fiber smoother to the touch. Certain PSF may vary in shape and be hollow or solid.