Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation

On November 8, 2024, the International Trade Administration published in the Federal Register (89 FR 88725 ) Polyester Textured Yarn From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination.

USITC Releases Report on Apparel Export Competitiveness of Certain Suppliers to The United States

On September 30, 2024, the U.S. International Trade Commission released Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States.

Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States

On January 19, 2024, the International Trade Commission published in the Federal Register (89 FR 3692) Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States.

Following receipt on December 20, 2023, of a request from the U.S. Trade Representative (the Trade Representative), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332–602, Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States. The Trade Representative requested that the Commission conduct an investigation and prepare a report that examines the export competitiveness of the apparel industries in Bangladesh, Cambodia, India, Indonesia, and Pakistan, all of which are current leading suppliers to the U.S. market.

Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders

On December 13, 2021, the U.S. International Trade Commission published in the Federal Register (86 FR 70858) [Investigation Nos. 731–TA–1550–1553 (Final)] Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and Vietnam; Determinations

On the basis of the record \1\ developed in these subject investigations, the United States International Trade Commission (``Commission'') determines, pursuant to the Tariff Act of 1930 (``the Act''), that an industry in the United States is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam, provided for in subheadings 5402.33.30 and 5402.33.60 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’).

On December 14, 2021, the U.S. International Trade Administration published in the Federal Register (86 FR 71031) [A–560–838, A–557–823, A–549–843, A–552–832] Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders

      The estimated weighted-average dumping margins are as follows:

                                Indonesia
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PT. Polyfin Canggih.........................................     * 26.07
PT. Asia Pacific Fibers Tbk.................................     * 26.07
PT. Mutu Gading Tekstil.....................................        7.47
All Others..................................................        7.47
------------------------------------------------------------------------


                                Malaysia
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Recron (Malaysia) Sdn. Bhd..................................        8.50
All Others..................................................        8.50
------------------------------------------------------------------------


                                Thailand
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sunflag Thailand Ltd........................................       14.47
Jong Stit Co., Ltd..........................................     * 56.80
All Others..................................................       14.47
------------------------------------------------------------------------


                                 Vietnam
------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
             Exporter                     Producer            average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Century Single Entity \7\.........  Century Single                  2.58
                                     Entity.
Vietnam-Wide Entity...............  ....................           22.36
------------------------------------------------------------------------

Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and Vietnam Injures U.S. Industry, Says USITC

On November 16, 2021, the United States International Trade Commission (USITC) determined that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

The report will be available by December 28, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

Last month the Department of Commerce has determined that polyester textured yarn (yarn) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The investigations and determinations relate to four exporting nations, the following dumping rates:

• Indonesia ranging from 7.47% to 26.07% ,
• Malaysia 8.2%,
• Thailand ranging from 14.47% to 56.80%, and
• Vietnam 2.58% to 22.36%.

Polyester Yarn from Indonesia, Malaysia, Thailand, and Vietnam U.S Market

The Department of Commerce has determined that polyester textured yarn (yarn) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The investigations and determinations relate to four exporting nations, the following dumping rates:

• Indonesia ranging from 7.47% to 26.07% ,
• Malaysia 8.2%,
• Thailand ranging from 14.47% to 56.80%, and
• Vietnam 2.58% to 22.36%.

Polyester Textured Yarn Antidumping Investigation

As Agathon Associates reported in December polyester textured yarn antidumping cases are moving forward.

On June 3, 2021, the U.S. Department of Commerce published in the Federal Register (86 FR 29742) Polyester Textured Yarn From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures.

On June 3, 2021, the U.S. Department of Commerce published in the Federal Register (86 FR 29746
) Polyester Textured Yarn From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures.

On June 3, 2021, the U.S. Department of Commerce published in the Federal Register (86 FR 29748
) Polyester Textured Yarn From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures.

On June 3, 2021, the U.S. Department of Commerce published in the Federal Register (86 FR 29750
) Polyester Textured Yarn From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures.

Polyester Textured Yarn Antidumping Case Moving Forward

On December 11, 2020, the United States International Trade Commission (USITC) determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that are allegedly sold in the United States at less than fair value.

The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Preliminary), USITC Publication 5148, December 2020) will contain the views of the Commission and information developed during the investigations. The report will be available after January 11, 2021.

On November 18, 2020, the U.S. Department of Commerce announced the initiation of new antidumping (AD) investigations to determine whether polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam is being dumped in the U.S. market.

The petitions were filed by Nan Ya Plastics Corporation, America (Lake City, SC) and Unifi Manufacturing, Inc. (Greensboro, NC).

In the investigations, Commerce will determine whether polyester textured yarn from these four countries are being dumped in the U.S. market at less-than-fair-value. The alleged dumping margins are as follows:

• 26.07 percent for Indonesia;
• 75.13 percent for Malaysia;
• 56.80 percent for Thailand; and
• 54.13 percent for Vietnam.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped polyester textured yarn from Indonesia, Malaysia, Thailand, and/or Vietnam materially injure or threaten material injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping found to exist.

In 2019, polyester textured yarn imports from the countries under investigation were valued at:

• $12.6 million for Indonesia;
• $8.8 million for Malaysia;
• $7.6 million for Thailand; and
• $4.5 million for Vietnam.

Read the fact sheet on these initiations.

Next Steps:

During Commerce’s antidumping duty investigations of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam, the ITC will conduct its own investigations into whether these imports injure or threaten to injure the U.S. industry and its workforce. The ITC will make its preliminary determinations on or before December 14, 2020. If the ITC preliminarily determines that there is a reasonable indication of material injury or threat of material injury to the domestic industry, then Commerce’s investigations will continue, with the preliminary determinations scheduled for April 6, 2021. This deadline may be extended.

If Commerce preliminarily determines that dumping is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing polyester textured yarn from these countries, as appropriate.

Final determinations by Commerce in these cases are scheduled for June 21, 2021, although these deadlines may be extended. If Commerce finds that products are not being dumped, or the ITC finds in its final determinations there is no injury to the U.S. industry, then the investigations will be terminated, and no duties will be applied.

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 306 new AD and CVD investigations – a 283 percent increase from the comparable period in the previous administration.

The AD and CVD laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing and unfair subsidization of imports into the United States. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

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 AD duties.

The U.S. Department of 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 rules and is based on factual evidence provided on the record.

USTR Initiation of Country Practice Reviews of India, Indonesia, and Kazakhstan

The Office of the United States Trade Representative (USTR) has announcing the initiation of country practice reviews regarding compliance with the Generalized System of Preferences (GSP) eligibility criteria of India, Indonesia, and Kazakhstan. This notice includes the schedule for submission of public comments and a public hearing.

DATES:

June 19, 2018: The GSP Subcommittee of the Trade Policy Staff Committee (TPSC) will convene a public hearing on the GSP country practice reviews of India, Indonesia, and Kazakhstan in Rooms 1 and 2, 1724 F Street NW, Washington DC 20508, beginning at 10:00 am.

June 5, 2018 at midnight EDT: Deadline for submission of comments, pre-hearing briefs, and requests to appear at the June 19, 2018, public hearing.

July 17, 2018 at midnight EDT: Deadline for submission of post-hearing briefs.

The GSP program provides for the duty-free treatment of designated articles when imported from beneficiary developing countries. The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461 - 2467), as amended, and is implemented in accordance with Executive Order 11888 of November 24, 1975, as modified by subsequent Executive Orders and Presidential Proclamations. USTR will lead a review of the eligibility of India, Indonesia, and Kazakhstan for benefits under the GSP program. These country practice reviews are undertaken on the recommendation of the TPSC pursuant to 15 CFR 2007.0(f) to determine whether the current laws and practices of India, Indonesia, and Kazakhstan meet the GSP eligibility criteria. These reviews are the result of country eligibility petitions submitted by interested stakeholders and an assessment of the 25 Asian and Pacific Island GSP beneficiary countries conducted by the GSP Subcommittee.

1. India Country Eligibility Review

The country practice review of India will focus on whether it is meeting the GSP eligibility criterion that requires a GSP beneficiary country to assure the United States that it will provide equitable and reasonable access to its market (19 U.S.C. 2462(c)(4)). USTR is accepting two petitions asserting that India is not meeting this criterion: one from the National Milk Producers Federation and the U.S. Dairy Export Council, and the other from the Advanced Medical Technology Association. In addition, through the new GSP Country Assessment process, the GSP Subcommittee identified potential concerns with India’s compliance with the GSP criterion that requires a GSP beneficiary country to assure the United States that it will provide equitable and reasonable access to its market (19 U.S.C. 2462(c)(4)). As described in the India Chapter of the 2018 National Trade Estimate Report on Foreign Trade Barriers, India has implemented a wide array of trade barriers that create serious negative effects on U.S. commerce. Due to the similar nature of the issues raised in these petitions with concerns identified in the assessment process, the petitions and the self-initiated review will be combined into one overall review of India’s GSP eligibility based on the GSP market access criterion.

2. Indonesia Country Eligibility Review

The country practice review of Indonesia will focus on whether it is meeting two GSP criteria: (1) the GSP criterion that requires a GSP beneficiary country to assure the United States that it will provide equitable and reasonable access to its market (19 U.S.C. 2462(c)(4)), and (2) the GSP criterion that requires a GSP beneficiary country to reduce trade-distorting investment practices and reduce or eliminate barriers to trade in services (19 U.S.C. 2462(c)(6)). As described in the Indonesia Chapter of the 2018 National Trade Estimate Report on Foreign Trade Barriers, Indonesia has implemented a wide array of trade barriers that create serious negative effects on U.S. commerce. The existing review of Indonesia’s compliance with the GSP criterion related to intellectual property rights (19 U.S.C. 2462(c)(5)) is separate, and will continue.

3. Kazakhstan Country Eligibility Review

The country practice review of Kazakhstan will focus on whether it is meeting the GSP criterion requiring a GSP beneficiary country to take steps to afford internationally recognized worker rights to workers in the country (19 U.S.C. 2462(b)(2)(G)). USTR is accepting a petition filed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). The petition alleges that the Government of Kazakhstan actively restricts the right to form trade unions and employer associations without prior permission, prevents workers and employers from joining organizations of their own choosing, interferes in the structure and activities of worker and employer organizations, and targets labor leaders with arrests and prosecutions for exercising their rights.

USTR Announces New GSP Eligibility Reviews of India, Indonesia, and Kazakhstan

On April 12, 2018, the Office of the United States Trade Representative announced that it is reviewing the eligibility of India, Indonesia, and Kazakhstan in the Generalized System of Preferences (GSP) based on concerns about the countries’ compliance with the program. The reviews are based on the Trump Administration’s new GSP country eligibility assessment process as well as GSP country eligibility petitions.

“GSP provides an important tool to help enforce the Trump Administration’s key principles of free and fair trade across the globe. The President is committed to ensuring that those countries who receive GSP benefits uphold their end of the bargain by continuing to meet the eligibility criteria outlined by Congress,” said Deputy U.S. Trade Representative Jeffrey Gerrish. “We hope that India, Indonesia, and Kazakhstan will work with us to address the concerns that led to these new reviews.”

For India, the GSP country eligibility review is based on concerns related to its compliance with the GSP market access criterion. For Indonesia, the review is based on concerns related to its compliance with the GSP market access criterion and the GSP services and investment criterion. Kazakhstan’s eligibility review is based on concerns related to its compliance with the GSP worker rights criterion.

A public hearing and comment period for the new GSP reviews of India, Indonesia, and Kazakhstan will be announced in an upcoming Federal Register notice.

Background

In October 2017, USTR announced a new triennial process to assess GSP beneficiary country eligibility. The first assessment period covered 25 Asian and Pacific island GSP beneficiary countries. For each such country, USTR and other U.S. Government agencies examined the country’s policies and practices related to each of the 15 eligibility criteria established by Congress, including respecting arbitral awards in favor of U.S. citizens or corporations, combating child labor, respecting internationally recognized worker rights, providing adequate and effective intellectual property protection, reducing barriers to services trade and investment, and providing the United States with equitable and reasonable market access.

USTR also received petitions from stakeholders requesting new eligibility reviews. Based on the information analyzed in its assessment process and on the petitions submitted by stakeholders, USTR has determined that the three new country eligibility reviews are warranted. The lack of a self-initiated review with respect to a GSP country should not be interpreted as an affirmation that the country is meeting all of the GSP criteria.

India: USTR is launching a self-initiated GSP eligibility review of India based on concerns related to its compliance with the GSP market access criterion and is also accepting two petitions related to the same criterion. The petitions filed by the U.S. dairy industry and the U.S. medical device industry requested a review of India’s GSP benefits, given Indian trade barriers affecting U.S. exports in those sectors. India has implemented a wide array of trade barriers that create serious negative effects on U.S. commerce. The acceptance of these petitions and the GSP self-initiated review will result in one overall review of India’s compliance with the GSP market access criterion.

Indonesia: USTR is launching a self-initiated GSP eligibility review of Indonesia based on concerns related to its compliance with the GSP market access criterion and related to its compliance with the GSP services and investment criterion. Indonesia has implemented a wide array of trade and investment barriers that create serious negative effects on U.S. commerce.

Kazakhstan: USTR is accepting a petition from the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) which alleges that Kazakhstan has not taken steps to afford internationally recognized worker rights, including the right to freedom of association and the right to bargain collectively. The petition further alleges that Kazakhstan actively restricts the right to form trade unions and employer associations. Serious concerns about restrictive legislation and the harassment of independent labor leaders have been raised repeatedly at the International Labor Organization (ILO).

The next GSP assessment process will start in the fall of 2018 and will cover beneficiary countries in Eastern Europe, the Middle East and North Africa, and the Western Hemisphere.

The GSP is the largest and oldest U.S. trade preference program and is designed to promote economic development by allowing duty-free entry for thousands of products from designated beneficiary countries. Congress voted last month to renew the GSP through 2020.

For more information on the GSP program, visit the GSP page on the USTR website here.