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News Release 24-023
Inv. No(s). 701-TA-579-580 and 731-TA-1369-1372
Contact: Philip Stone, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on fine denier polyester staple fiber from China, India, South Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China, India, South Korea, and Taiwan will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Fine Denier Polyester Staple Fiber from China, India, South Korea, and Taiwan (Inv. Nos. 701-TA-579-580 and 731-TA-1369-1372 (Review), USITC Publication 5500, March 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by April 9, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Fine Denier Polyester Staple Fiber from China, India, South Korea, and Taiwan were instituted on February 1, 2023.
On May 8, 2023, the Commission voted to conduct full reviews. For India, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response and the respondent interested party group response were adequate and voted for full reviews. For China, South Korea, and Taiwan, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel found the domestic interested party group response adequate but the respondent interested party group responses inadequate. Having determined to conduct full reviews with respect to India, however, they also voted to conduct full reviews with respect to China, South Korea, and Taiwan to promote administrative efficiency.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.