USA & China. International Trade Commission vote to investigate polyester staple fiber antidumping PDF Print E-mail
Thursday, 10 August 2006
Trade news:


An antidumping duty investigation into imports of certain polyester staple fiber from the People's Republic of China (PRC) will move forward following yesterday's unanimous vote at the U.S. International Trade Commission (ITC).

The 6 - 0 vote on by the ITC commissioners demonstrates their belief that reasonable indication of injury to U.S. polyester staple fiber manufacturers exists as a result of the growing volume of imports, coupled with the aggressive, low-pricing tactics employed by PRC producers, as alleged in the antidumping petition.

"We are pleased with the Commission's preliminary determination," said Paul Rosenthal, lead counsel to the petitioners. "Clearly, the growing volume of low-priced imports of certain polyester staple fiber product from the PRC, entering at prices that are the lowest in the market and that consistently and substantially undersell domestic producers, is causing injury."

The petition, which was filed in June, alleges antidumping margins of 88% to 109%. Antidumping duties are intended to offset the amount by which a product is sold at less than fair value in the United States. The petition covers only polyester staple fibers with a diameter of three denier and greater, which is generally used as stuffing in sleeping bags, mattresses, bedding, furniture, and ski jackets.

Following today's vote, the Department of Commerce will move forward with its investigation into the degree of dumping engaged in by specific Chinese producers. The preliminary determinations by Commerce currently are due no later than November 30. Once the Commerce Department makes its preliminary determination, U.S. Customs and Border Protection will begin to require importers to pay a cash deposit or post a bond equal to the estimated dumping margin. The entire investigative process takes approximately one year. Final determinations of injury and dumping will occur in mid-2007.

The petitioners are DAK Americas LLC, Charlotte, N.C.; Nan Ya Plastics Corp. America, Lake City, S.C; and Wellman, Inc., Shrewsbury, N.J.

Paul C. Rosenthal is Managing Partner of the Washington, D.C. office of Kelley Drye Collier Shannon, where he practices in the International Trade and Customs Law group and serves as the head of the Government Relations and Public Policy group
Last Updated ( Thursday, 10 August 2006 )
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