Fine Denier Polyester Staple Fiber, 71422-71424 [2024-19673]
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Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from the
Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2023
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
the Subject Country (that is, the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Country after 2018, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
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markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in the Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to § 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: August 27, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–19666 Filed 8–30–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–78]
Fine Denier Polyester Staple Fiber
United States International
Trade Commission.
ACTION: Publication of summary of the
Commission’s report on the
investigation.
AGENCY:
Section 202(f)(3) of the Trade
Act of 1974 requires that the United
States International Trade Commission
(‘‘Commission’’) publish in the Federal
Register a summary of each report that
it submits to the President under section
202(f)(1) of the Trade Act of 1974. Set
forth below is a summary of the report
that the Commission submitted to the
President on August 26, 2024, on
investigation No. TA–201–78, Fine
Denier Polyester Staple Fiber. The
Commission conducted the
investigation under section 202(b) of the
Trade Act of 1974 following receipt of
a petition filed on February 28, 2024.
The full text of the report (with the
exception of confidential business
information) will be posted on the
Commission’s website at https://
www.usitc.gov.
SUMMARY:
August 26, 2024: Transmittal of
the Commission’s report to the
President.
DATES:
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United States International
Trade Commission, 500 E Street SW,
Washington, DC 20436. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), Office of
Investigations, U.S. International Trade
Commission 500 E Street SW,
Washington, DC 20436. The media
should contact Jennifer Andberg, Office
of External Relations (202–205–3404 or
Jennifer.Andberg@usitc.gov). Hearingimpaired individuals may obtain
information on this matter by contacting
the Commission’s TDD terminal at 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its website
(https://www.usitc.gov). Persons with
mobility impairments who will need
special assistance in gaining access to
the Commission should contact the
Office of the Secretary at 202–205–2000.
SUPPLEMENTARY INFORMATION:
Procedural summary: On February 28,
2024, the Commission instituted this
investigation under section 202(b) of the
Trade Act of 1974 (19 U.S.C. 2252(b)) to
determine whether fine denier polyester
staple fiber (‘‘fine denier PSF’’) is being
imported into the United States in such
increased quantities as to be a
substantial cause of serious injury, or
the threat thereof, to the domestic
industry producing an article like or
directly competitive with the imported
article. The Commission instituted the
investigation in response to a petition
filed on February 28, 2024, by Fiber
Industries LLC d/b/a Darling Fibers,
Nan Ya Plastics Corporation, America,
and Sun Fiber LLC, producers of fine
denier PSF in the United States.
Notice of the institution of the
Commission’s investigation and of the
scheduling of public hearings to be held
in connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register (89 FR 18435 (March
13, 2024)). The public hearing in
connection with the injury phase of the
investigation was held on June 4, 2024,
in Washington, DC, and the public
hearing in connection with the remedy
phase of the investigation was held on
July 23, 2024, in Washington, DC; all
persons who requested the opportunity
were permitted to participate. The
Commission voted with respect to
injury issues on July 9, 2024, and with
respect to remedy issues on August 13,
2024.
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Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices
The Commission submitted its report
to the President on August 26, 2024.
The report included the Commission’s
injury determination and remedy
recommendations, an explanation of the
basis for the determination and remedy
recommendations, and a summary of
the information obtained in the
investigation.
Section 202(f)(3) of the Trade Act of
1974 (19 U.S.C. 2252(f)(3)) requires that
the United States International Trade
Commission (‘‘Commission’’) publish in
the Federal Register a summary of each
report that it submits to the President
under section 202(f)(1) of the Trade Act
of 1974.
Determination: On the basis of
information developed in the subject
investigation, the Commission
determined pursuant to section 202(b)
of the Trade Act of 1974 that fine denier
PSF is being imported into the United
States in such increased quantities as to
be a substantial cause of serious injury
to the domestic industry producing an
article like or directly competitive with
the imported article.
Having made an affirmative injury
determination pursuant to section
202(b) of the Trade Act of 1974, the
Commission was required to make
certain additional findings under the
implementing statutes of certain free
trade agreements (‘‘FTAs’’) or under
statutory provisions related to certain
preferential trade programs. Under
section 301(a) of the United StatesMexico-Canada (‘‘USMCA’’)
Implementation Act (19 U.S.C. 4551(a)),
the Commission found that imports of
fine denier PSF from neither Canada nor
Mexico account for a substantial share
of total imports or contribute
importantly to the serious injury caused
by imports. The Commission further
found that imports of fine denier PSF
from Australia, the U.S.-Dominican
Republic—Central America Free Trade
Agreement (‘‘CAFTA DR’’) countries,
Colombia, Jordan, South Korea, Panama,
Peru, and Singapore, individually, are
not a substantial cause of serious injury
or threat thereof, under the relevant
FTA implementing statutes. See 19
U.S.C. 2112 note (Jordan); 19 U.S.C.
3805 note (Australia, Colombia, South
Korea, Panama, Peru, Singapore); 19
U.S.C. 4101 (CAFTA–DR). The
Commission also found that the serious
injury substantially caused by imports
to the domestic industry producing a
like or directly competitive article does
not result from the reduction or
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elimination of any duty provided for
under the U.S.-Israel Free Trade
Agreement or from duty-free treatment
provided for under the Caribbean Basin
Economic Recovery Act (‘‘CBERA’’)
provisions of the Caribbean Basin
Initiative Trade Program or the
Generalized System of Preferences
(‘‘GSP’’) program. See 19 U.S.C. 2112
note (Israel); 19 U.S.C. 2703(e) (CBERA);
19 U.S.C. 2253(e)(6) (GSP).
Remedy recommendations. In order to
address the serious injury to the
domestic industry producing fine denier
PSF and be most effective in facilitating
the efforts of the domestic industry to
make a positive adjustment to import
competition, the Commission
recommends several actions.
The Commission unanimously
recommends a four-year period of relief.
It also unanimously recommends that a
quantitative restriction (‘‘QR’’), to be set
at zero in the first year of relief
increasing by one million pounds in
each subsequent year over the duration
of the safeguard, be imposed on imports
of fine denier PSF entered free under
bond as articles to be processed for
export under the Temporary
Importation under Bond (TIB) program.
All Commissioners additionally
recommend a tariff-rate quota (‘‘TRQ’’)
be imposed on imports of fine denier
PSF from all countries covered by their
affirmative injury determination.
Commissioners Johanson and
Schmidtlein recommend a TRQ with an
in-quota volume level of 145,000,000
pounds (inclusive of any imports of the
article under HTS statistical reporting
number 9813.00.0520), with an in-quota
tariff rate of 15 percent ad valorem and
an out-of-quota tariff rate of 40 percent
ad valorem. They recommend that the
in-quota tariff rate decrease by 1
percentage point and the out-of-quota
tariff rate decrease by 2 percentage
points, in each subsequent year of the
four-year relief period. Commissioners
Johanson and Schmidtlein recommend
that any imports of the article under
HTS statistical reporting number
9813.00.0520 entered after the tariff-rate
quota has filled for the year would be
subject to the over-quota duty rate.
Chair Karpel recommends a TRQ with
an in-quota volume level of 114,820,000
pounds, with an in-quota tariff rate of 15
percent ad valorem and an out-of-quota
tariff rate of 45 percent ad valorem.
Chair Karpel recommends that the inquota and out-of-quota tariff rates
decrease by 1 percentage point in each
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subsequent year of the four-year relief
period. Chair Karpel recommends that
the TRQ’s in-quota volume level is
inclusive of any imports of fine denier
polyester staple fiber under HTS
subheading 9813.00.05.
Commissioner Kearns recommends a
TRQ with an in-quota volume level of
110,000,000 pounds (inclusive of any
imports of the article under HTS
statistical reporting number
9813.00.0520, with the exception of
imports from countries that were not
covered by the Commission’s injury
determination), with an in-quota tariff
rate of 22 percent ad valorem in the first
year, reduced to 20 percent ad valorem
in the second and third years, and
reduced to 18 percent ad valorem in the
fourth year. Commissioner Kearns
recommends an out-of-quota tariff rate
of 50 percent ad valorem, reduced by
three percentage points in each
subsequent year of the four-year relief
period. Commissioner Kearns
recommends that fine denier PSF
imported under HTS statistical
reporting number 9813.00.0520, with
the exception of TIB entries from the
FTA and trade preference countries that
were not covered by the Commission’s
injury determination, be subject to the
in-quota and out-of-quota tariff rates.
Having made negative findings with
respect to imports from Canada and
Mexico under section 302 of the
USMCA Implementation Act, and
having made findings that imports from
Australia, the CAFTA–DR countries,
Colombia, Israel, Jordan, Panama, Peru,
Singapore, South Korea, and the
beneficiary countries under the
Caribbean Basin Economic Recovery Act
were not a substantial cause of the
serious injury experienced by the
domestic industry, the Commission
recommends that the President exclude
such countries from any form of the
TRQ.
All Commissioners recommend that
the QR imposed on imports of fine
denier PSF entered under TIB under
HTS statistical reporting number
9813.00.0520 apply to imports from all
countries for which they recommend
application of the TRQ. Chair Karpel
and Commissioner Schmidtlein
recommend that the QR also apply to
imports from South Korea.
Commissioner Kearns recommends that
the QR be applied to all countries,
including South Korea.
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Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices
SUMMARY OF COMMISSIONERS’ RECOMMENDED ACTIONS ON FINE DENIER PSF
Year 1
Year 2
Year 3
Year 4
QR: Fine denier PSF entries under HTS statistical reporting number 9813.00.0520
QR Level (pounds):
All Commissioners .........................................
zero ............................
1 million ......................
2 million ......................
3 million
Tariff Rate Quota
tkelley on LAP7H3WLY3PROD with NOTICES2
In-Quota Volume Level (thousands of
pounds):
Johanson and Schmidtlein ......................
Karpel ......................................................
Kearns .....................................................
In-Quota Tariff Rate (ad valorem):
Karpel, Johanson, and Schmidtlein.
Kearns .....................................................
Out-of-Quota Tariff Rate (ad valorem):
Johanson and Schmidtlein ......................
Karpel ......................................................
Kearns .....................................................
The Commission further recommends
that the President authorize the
establishment of an exclusion process to
allow for importation of covered
imports without application of the
remedy measures in the case of a
demonstrated lack of production in the
United States for a particularized fine
denier polyester staple fiber product or
in the case of a critical short supply of
a particularized fine denier polyester
staple fiber product from domestic
sources.
Chair Karpel, Commissioner
Johanson, and Commissioner
Schmidtlein recommend that the
President consider programs to assist
downstream users of fine denier PSF
and to mitigate the potential impact of
the remedy on such users.
Chair Karpel and Commissioner
Schmidtlein recommend that the
President submit to Congress, pursuant
to his authority under section
203(a)(3)(H), a legislative proposal that
would permanently preclude the
importation of fine denier PSF under
TIB to avoid payment of cash deposits
and assessed antidumping and
countervailing duties that would
otherwise apply to the product.
Commissioner Kearns recommends
that the President submit to Congress a
legislative proposal to permanently
preclude the ability to avoid payment of
any antidumping or countervailing duty
through the TIB provision provided for
in HTS subheading 9813.00.0520.
Commissioner Kearns also
recommends that the President submit
to Congress a legislative proposal to
distribute TRQ revenue generated by
this action to downstream users of the
article, to the extent necessary to reduce
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145,000 ......................
114,820 ......................
110,000 ......................
15 ...............................
145,000 ......................
114,820 ......................
110,000 ......................
14 ...............................
145,000 ......................
114,820 ......................
110,000 ......................
13 ...............................
145,000
114,820
110,000
12
22 ...............................
20 ...............................
20 ...............................
18
40 ...............................
45 ...............................
50 ...............................
38 ...............................
44 ...............................
47 ...............................
36 ...............................
43 ...............................
44 ...............................
34
42
41
injury to domestic manufacturers of
downstream products.
Availability of the public version of
the report. The public version of the
Commission’s report containing the
Commission’s injury determination, its
remedy recommendations, an
explanation of the basis for its injury
determination and remedy
recommendations, and a summary of
the information obtained in the
investigation is contained in Fine Denier
Polyester Staple Fiber, Inv. No. 201–
TA–78, USITC Publication 5536 (August
2024).
By order of the Commission.
Issued: August 27, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–19673 Filed 8–30–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1206 (Second
Review)]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan;
Institution of a Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty order on diffusion-annealed,
nickel-plated flat-rolled steel products
from Japan would be likely to lead to
SUMMARY:
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continuation or recurrence of material
injury. Pursuant to the Act, interested
parties are requested to respond to this
notice by submitting the information
specified below to the Commission.
DATES: Instituted September 3, 2024. To
be assured of consideration, the
deadline for responses is October 3,
2024. Comments on the adequacy of
responses may be filed with the
Commission by November 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Kenneth Gatten (202–708–1447), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On May 29, 2014, the
Department of Commerce (‘‘Commerce’’)
issued an antidumping duty order on
imports of diffusion-annealed, nickelplated flat-rolled steel products from
Japan (79 FR 30816). Following the fiveyear reviews by Commerce and the
Commission, effective October 9, 2019,
Commerce issued a continuation of the
antidumping duty order on imports of
diffusion-annealed, nickel-plated flatrolled steel products from Japan (84 FR
54114). The Commission is now
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]]>Agencies
[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Notices]
[Pages 71422-71424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19673]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-78]
Fine Denier Polyester Staple Fiber
AGENCY: United States International Trade Commission.
ACTION: Publication of summary of the Commission's report on the
investigation.
-----------------------------------------------------------------------
SUMMARY: Section 202(f)(3) of the Trade Act of 1974 requires that the
United States International Trade Commission (``Commission'') publish
in the Federal Register a summary of each report that it submits to the
President under section 202(f)(1) of the Trade Act of 1974. Set forth
below is a summary of the report that the Commission submitted to the
President on August 26, 2024, on investigation No. TA-201-78, Fine
Denier Polyester Staple Fiber. The Commission conducted the
investigation under section 202(b) of the Trade Act of 1974 following
receipt of a petition filed on February 28, 2024. The full text of the
report (with the exception of confidential business information) will
be posted on the Commission's website at https://www.usitc.gov.
DATES: August 26, 2024: Transmittal of the Commission's report to the
President.
ADDRESSES: United States International Trade Commission, 500 E Street
SW, Washington, DC 20436. The public record for this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Kristina Lara (202-205-3386), Office
of Investigations, U.S. International Trade Commission 500 E Street SW,
Washington, DC 20436. The media should contact Jennifer Andberg, Office
of External Relations (202-205-3404 or [email protected]).
Hearing-impaired individuals may obtain information on this matter by
contacting the Commission's TDD terminal at 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its website (https://www.usitc.gov). Persons with mobility impairments
who will need special assistance in gaining access to the Commission
should contact the Office of the Secretary at 202-205-2000.
SUPPLEMENTARY INFORMATION:
Procedural summary: On February 28, 2024, the Commission instituted
this investigation under section 202(b) of the Trade Act of 1974 (19
U.S.C. 2252(b)) to determine whether fine denier polyester staple fiber
(``fine denier PSF'') is being imported into the United States in such
increased quantities as to be a substantial cause of serious injury, or
the threat thereof, to the domestic industry producing an article like
or directly competitive with the imported article. The Commission
instituted the investigation in response to a petition filed on
February 28, 2024, by Fiber Industries LLC d/b/a Darling Fibers, Nan Ya
Plastics Corporation, America, and Sun Fiber LLC, producers of fine
denier PSF in the United States.
Notice of the institution of the Commission's investigation and of
the scheduling of public hearings to be held in connection therewith
was given by posting copies of the notice in the Office of the
Secretary, U.S. International Trade Commission, Washington, DC, and by
publishing the notice in the Federal Register (89 FR 18435 (March 13,
2024)). The public hearing in connection with the injury phase of the
investigation was held on June 4, 2024, in Washington, DC, and the
public hearing in connection with the remedy phase of the investigation
was held on July 23, 2024, in Washington, DC; all persons who requested
the opportunity were permitted to participate. The Commission voted
with respect to injury issues on July 9, 2024, and with respect to
remedy issues on August 13, 2024.
[[Page 71423]]
The Commission submitted its report to the President on August 26,
2024. The report included the Commission's injury determination and
remedy recommendations, an explanation of the basis for the
determination and remedy recommendations, and a summary of the
information obtained in the investigation.
Section 202(f)(3) of the Trade Act of 1974 (19 U.S.C. 2252(f)(3))
requires that the United States International Trade Commission
(``Commission'') publish in the Federal Register a summary of each
report that it submits to the President under section 202(f)(1) of the
Trade Act of 1974.
Determination: On the basis of information developed in the subject
investigation, the Commission determined pursuant to section 202(b) of
the Trade Act of 1974 that fine denier PSF is being imported into the
United States in such increased quantities as to be a substantial cause
of serious injury to the domestic industry producing an article like or
directly competitive with the imported article.
Having made an affirmative injury determination pursuant to section
202(b) of the Trade Act of 1974, the Commission was required to make
certain additional findings under the implementing statutes of certain
free trade agreements (``FTAs'') or under statutory provisions related
to certain preferential trade programs. Under section 301(a) of the
United States-Mexico-Canada (``USMCA'') Implementation Act (19 U.S.C.
4551(a)), the Commission found that imports of fine denier PSF from
neither Canada nor Mexico account for a substantial share of total
imports or contribute importantly to the serious injury caused by
imports. The Commission further found that imports of fine denier PSF
from Australia, the U.S.-Dominican Republic--Central America Free Trade
Agreement (``CAFTA DR'') countries, Colombia, Jordan, South Korea,
Panama, Peru, and Singapore, individually, are not a substantial cause
of serious injury or threat thereof, under the relevant FTA
implementing statutes. See 19 U.S.C. 2112 note (Jordan); 19 U.S.C. 3805
note (Australia, Colombia, South Korea, Panama, Peru, Singapore); 19
U.S.C. 4101 (CAFTA-DR). The Commission also found that the serious
injury substantially caused by imports to the domestic industry
producing a like or directly competitive article does not result from
the reduction or elimination of any duty provided for under the U.S.-
Israel Free Trade Agreement or from duty-free treatment provided for
under the Caribbean Basin Economic Recovery Act (``CBERA'') provisions
of the Caribbean Basin Initiative Trade Program or the Generalized
System of Preferences (``GSP'') program. See 19 U.S.C. 2112 note
(Israel); 19 U.S.C. 2703(e) (CBERA); 19 U.S.C. 2253(e)(6) (GSP).
Remedy recommendations. In order to address the serious injury to
the domestic industry producing fine denier PSF and be most effective
in facilitating the efforts of the domestic industry to make a positive
adjustment to import competition, the Commission recommends several
actions.
The Commission unanimously recommends a four-year period of relief.
It also unanimously recommends that a quantitative restriction
(``QR''), to be set at zero in the first year of relief increasing by
one million pounds in each subsequent year over the duration of the
safeguard, be imposed on imports of fine denier PSF entered free under
bond as articles to be processed for export under the Temporary
Importation under Bond (TIB) program. All Commissioners additionally
recommend a tariff-rate quota (``TRQ'') be imposed on imports of fine
denier PSF from all countries covered by their affirmative injury
determination.
Commissioners Johanson and Schmidtlein recommend a TRQ with an in-
quota volume level of 145,000,000 pounds (inclusive of any imports of
the article under HTS statistical reporting number 9813.00.0520), with
an in-quota tariff rate of 15 percent ad valorem and an out-of-quota
tariff rate of 40 percent ad valorem. They recommend that the in-quota
tariff rate decrease by 1 percentage point and the out-of-quota tariff
rate decrease by 2 percentage points, in each subsequent year of the
four-year relief period. Commissioners Johanson and Schmidtlein
recommend that any imports of the article under HTS statistical
reporting number 9813.00.0520 entered after the tariff-rate quota has
filled for the year would be subject to the over-quota duty rate.
Chair Karpel recommends a TRQ with an in-quota volume level of
114,820,000 pounds, with an in-quota tariff rate of 15 percent ad
valorem and an out-of-quota tariff rate of 45 percent ad valorem. Chair
Karpel recommends that the in-quota and out-of-quota tariff rates
decrease by 1 percentage point in each subsequent year of the four-year
relief period. Chair Karpel recommends that the TRQ's in-quota volume
level is inclusive of any imports of fine denier polyester staple fiber
under HTS subheading 9813.00.05.
Commissioner Kearns recommends a TRQ with an in-quota volume level
of 110,000,000 pounds (inclusive of any imports of the article under
HTS statistical reporting number 9813.00.0520, with the exception of
imports from countries that were not covered by the Commission's injury
determination), with an in-quota tariff rate of 22 percent ad valorem
in the first year, reduced to 20 percent ad valorem in the second and
third years, and reduced to 18 percent ad valorem in the fourth year.
Commissioner Kearns recommends an out-of-quota tariff rate of 50
percent ad valorem, reduced by three percentage points in each
subsequent year of the four-year relief period. Commissioner Kearns
recommends that fine denier PSF imported under HTS statistical
reporting number 9813.00.0520, with the exception of TIB entries from
the FTA and trade preference countries that were not covered by the
Commission's injury determination, be subject to the in-quota and out-
of-quota tariff rates.
Having made negative findings with respect to imports from Canada
and Mexico under section 302 of the USMCA Implementation Act, and
having made findings that imports from Australia, the CAFTA-DR
countries, Colombia, Israel, Jordan, Panama, Peru, Singapore, South
Korea, and the beneficiary countries under the Caribbean Basin Economic
Recovery Act were not a substantial cause of the serious injury
experienced by the domestic industry, the Commission recommends that
the President exclude such countries from any form of the TRQ.
All Commissioners recommend that the QR imposed on imports of fine
denier PSF entered under TIB under HTS statistical reporting number
9813.00.0520 apply to imports from all countries for which they
recommend application of the TRQ. Chair Karpel and Commissioner
Schmidtlein recommend that the QR also apply to imports from South
Korea. Commissioner Kearns recommends that the QR be applied to all
countries, including South Korea.
[[Page 71424]]
Summary of Commissioners' Recommended Actions on Fine Denier PSF
----------------------------------------------------------------------------------------------------------------
Year 1 Year 2 Year 3 Year 4
----------------------------------------------------------------------------------------------------------------
QR: Fine denier PSF entries under HTS statistical reporting number 9813.00.0520
----------------------------------------------------------------------------------------------------------------
QR Level (pounds):
All Commissioners............... zero.............. 1 million......... 2 million......... 3 million
----------------------------------------------------------------------------------------------------------------
Tariff Rate Quota
----------------------------------------------------------------------------------------------------------------
In-Quota Volume Level (thousands
of pounds):
Johanson and Schmidtlein.... 145,000........... 145,000........... 145,000........... 145,000
Karpel...................... 114,820........... 114,820........... 114,820........... 114,820
Kearns...................... 110,000........... 110,000........... 110,000........... 110,000
In-Quota Tariff Rate (ad 15................ 14................ 13................ 12
valorem):
Karpel, Johanson, and
Schmidtlein.
Kearns...................... 22................ 20................ 20................ 18
Out-of-Quota Tariff Rate (ad
valorem):
Johanson and Schmidtlein.... 40................ 38................ 36................ 34
Karpel...................... 45................ 44................ 43................ 42
Kearns...................... 50................ 47................ 44................ 41
----------------------------------------------------------------------------------------------------------------
The Commission further recommends that the President authorize the
establishment of an exclusion process to allow for importation of
covered imports without application of the remedy measures in the case
of a demonstrated lack of production in the United States for a
particularized fine denier polyester staple fiber product or in the
case of a critical short supply of a particularized fine denier
polyester staple fiber product from domestic sources.
Chair Karpel, Commissioner Johanson, and Commissioner Schmidtlein
recommend that the President consider programs to assist downstream
users of fine denier PSF and to mitigate the potential impact of the
remedy on such users.
Chair Karpel and Commissioner Schmidtlein recommend that the
President submit to Congress, pursuant to his authority under section
203(a)(3)(H), a legislative proposal that would permanently preclude
the importation of fine denier PSF under TIB to avoid payment of cash
deposits and assessed antidumping and countervailing duties that would
otherwise apply to the product.
Commissioner Kearns recommends that the President submit to
Congress a legislative proposal to permanently preclude the ability to
avoid payment of any antidumping or countervailing duty through the TIB
provision provided for in HTS subheading 9813.00.0520.
Commissioner Kearns also recommends that the President submit to
Congress a legislative proposal to distribute TRQ revenue generated by
this action to downstream users of the article, to the extent necessary
to reduce injury to domestic manufacturers of downstream products.
Availability of the public version of the report. The public
version of the Commission's report containing the Commission's injury
determination, its remedy recommendations, an explanation of the basis
for its injury determination and remedy recommendations, and a summary
of the information obtained in the investigation is contained in Fine
Denier Polyester Staple Fiber, Inv. No. 201-TA-78, USITC Publication
5536 (August 2024).
By order of the Commission.
Issued: August 27, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-19673 Filed 8-30-24; 8:45 am]
BILLING CODE 7020-02-P
