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On November 11, 2024, U.S. President Joe Biden issued a decision to impose global safeguard measures on imports of Fine Denier Polyester Staple Fiber (FDPSF) into the United States.
The FDPSF products subject to these measures are classified under HS code 5503.20.00, with specific sub-classifications under HS codes 5503.20.0025 or 9813.00.0520.
Under the safeguard measures, the U.S. will impose import quotas over four years, with a zero-import quota in the first year. The quota will increase by one million pounds each year for the subsequent three years. The U.S. plans to conduct a midterm review of the measures before the end of the second year and aims to complete the review no later than the midpoint of the safeguard period.
In 2017, FDPSF was subject to antidumping (AD) investigations by the U.S. against imports from South Korea, India, China, Taiwan, and Vietnam, as well as countervailing duty (CVD) investigations against China and India. However, Vietnam was excluded from the scope of the investigations at the petitioner’s request. Currently, imports from these countries/territories (excluding Vietnam) remain subject to AD/CVD duties.
On February 28, 2024, the U.S. International Trade Commission (USITC) initiated a global safeguard investigation on FDPSF based on a petition filed by U.S. producers, including Fiber Industries LLC d/b/a Darling Fibers, Nan Ya Plastics Corp, America, and Sun Fiber LLC.
The petitioners alleged that increased imports of FDPSF relative to domestic production and consumption caused serious injury and adversely affected the U.S. domestic industry.
USITC data indicates that during 2021-2023, Vietnam’s exports of the investigated product to the U.S. totaled approximately $5.9 million, with $5.2 million in 2023 alone. Vietnam ranked 8th among exporting countries to the U.S., accounting for 3% of the total U.S. import market share. Consequently, Vietnam is not among the countries excluded from the safeguard measures.
This decision will take effect on November 23, 2024.
For more details, refer to the full announcement.
To protect their legitimate interests, related manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
