Section 201

August 13, 2024
News Release 24-077
Inv. No(s). TA-201-78
Contact: Jennifer Andberg, 202-205-1819

The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of fine denier polyester staple fiber.

Today’s action follows the Commission’s July 9, 2024, determination that fine denier polyester staple fiber 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. Information about that determination can be found in the news release issued on July 9, 2024.

All four Commissioners recommend a four-year period of relief. All four Commissioners recommend a tariff-rate quota be imposed on imports of fine denier polyester staple fiber from all countries covered by their affirmative injury determination, and further recommend that a quantitative restriction, to be set at zero in the first year of relief increasing by 1 million pounds in each subsequent year over the duration of the safeguard, be imposed on imports of fine denier polyester staple fiber entered as a Temporary Importation under Bond (TIB). The statements of the Commissioners regarding their remedy recommendations are attached.  Full details on their recommendations will be included in the report to the President.

The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by August 26, 2024. 

The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the type and amount of relief.

The Commission's public report to the President Fine Denier Polyester Staple Fiber, Inv. No. TA-201-78, USITC Publication 5536, August 2024, will be available by September 16, 2024 and it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

 

COMMISSIONER STATEMENTS

July 9, 2024
News Release 24-062
Inv. No(s). TA-201-78
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) today determined that fine denier polyester staple fiber (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.

The determination was made in the context of an investigation initiated on February 28, 2024 under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by 

Fiber Industries LLC d/b/a Darling Fibers, Nan Ya Plastics Corp, America, and Sun Fiber LLC. Information about this investigation and global safeguard investigations is available in the factsheet. 

The Commission’s determination resulted from a 4-0 vote. Chair Amy K. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns vote in the affirmative.

As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on July 23, 2024.  The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by August 26, 2024.

When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the statutes implementing certain free trade agreements. 

Pursuant to these statutes, the Commission finds that imports of fine denier PSF from neither Canada nor Mexico account for a substantial share of total imports.  It also finds that imports of fine denier PSF from each other free trade agreement partner country, individually, are not a substantial cause of serious injury or threat thereof.

These findings will be forwarded to the President as part of the Commission’s report.

The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the kind of relief to provide, including with respect to imports from FTA countries. 

A public report concerning the investigation will be available after the Commission submits its findings and recommendations to the President; when available, it may be accessed on the USITC website at the Commission’s Publications Library.  Status of proceedings, links to relevant documents, and additional information for this investigation can be found at the Commission’s Investigations Database System (IDS).

October 31, 2017
News Release 17-159
Inv. No(s). TA-201-075
Contact: Peg O'Laughlin, 202-205-1819

The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).

Today’s action follows the Commission’s September 22, 2017, determination that crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are 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. Information about that determination can be found here: https://www.usitc.gov/press_room/news_release/2017/er0922ll832.htm.

The statements of the Commissioners regarding their remedy recommendations are attached. Full details on their recommendations will be included in the report to the President.

The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by November 13, 2017.

The President, not the Commission, will make the final decision whether to provide relief to the U.S. industry and the type and amount of relief.

The Commission's public report to the President Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products), Inv. No. TA-201-075, USITC Publication 4739, November 2017, will be available by December 4, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

 

STATEMENTS OF THE COMMISSIONERS (click here)

 

October 5, 2017
News Release 17-143
Inv. No(s). TA-201-076
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) today determined that large residential washers are 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.

The determination was made in the context of an investigation initiated on June 5, 2017, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by Whirlpool Corporation.  Information about this investigation and global safeguard investigations in general can be found here:  https://www.usitc.gov/sites/default/files/documents/201_factsheet_washers_final.pdf

The Commission’s determination resulted from a 4-0 vote.  Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent made affirmative determinations.

As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on October 19, 2017.  The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by December 4, 2017.

When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the implementing statutes for the North American Free Trade Agreement (NAFTA) (Canada and Mexico), the U.S.-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic), the U.S.-Australia Free Trade Agreement, the U.S.-Korea Free Trade Agreement, the U.S.-Colombia Trade Promotion Agreement, the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area, the U.S.-Panama Trade Promotion Agreement, the U.S.-Peru Free Trade Agreement, and the U.S.-Singapore Free Trade Agreement.

Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent made negative findings with respect to imports from Canada and Mexico and all other FTA countries. 

These findings will be forwarded to the President as part of the Commission’s report.

The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the kind of relief to provide, including with respect to imports from FTA countries. 

A public report concerning the investigation will be available after the Commission submits its findings and recommendations to the President.

Understanding Safeguard Investigations

Section 201, Trade Act of 1974 (Global Safeguard Investigations), Import Relief for Domestic Industries

• Read more about Understanding Safeguard Investigations