The four nations detailed in The Department of Commerce’s polyester yarn antidumping investigation are Indonesia, Malaysia, Thailand and Vietnam.
The Department of Commerce calculated antidumping duty (“AD”) cash deposit rates that ranged from 2.58% to over 56%. As a result of the final determinations, US Customs and Border Protection will continue to collect antidumping duties in the amount equal to the final dumping cash deposits rates for imports from each producer or country (i.e., the “all others rate”).
The news follows the result of an investigation in June which found four nations have been selling polyester yarn imports in the US at a price that harms domestic makers.
The investigation was prompted after two major US synthetic yarn producers – Unifi Manufacturing, Inc and Nan Ya Plastics Corporation, America – filed petitions with the Commerce Department and the US International Trade Commission (USITC) in October 2020 alleging that dumped imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam are causing material injury to the domestic industry.
The Commerce Department initiated the investigations in November 2020, and the USITC preliminarily determined in December 2020 that imports from the four countries are causing injury to the US domestic industry.
The next step in the trade cases will be the US International Trade Commission’s (the “USITC”) final determination of whether imports from the four countries are a cause of material injury or threaten to materially injure domestic polyester textured yarn producers. The USITC is currently scheduled to announce its final determination on 30 November 2021.
The lead counsel for the domestic industry, Paul Rosenthal of Kelley, Drye & Warren, LLP, commented: “The Commerce Department’s decisions are a big step in the right direction for the US companies and workers who are now closer to getting relief from the unfairly traded imports that have jeopardised the industry. The companies and workers are grateful for the hard work of the Commerce Department. We hope for a similarly favourable decision from the USITC so that more workers can return to their jobs in this important industry.”
