The US International Trade Commission reached a unanimous affirmative decision in the final injury investigation on imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam. The lead counsel for the domestic industry, Paul Rosenthal of Kelley, Drye & Warren, LLP, commented, "The Commission's decision gives new hope for the domestic producers and their workers as fair pricing will be restored to the market. The industry is grateful for the work of the Commissioners and staff, and looks forward to rehiring workers to serve their customers." As a result of the USITC's final affirmative determination, which is expected to be published in early December, the US Department of Commerce will issue anti-dumping duty orders covering the subject imports. The AD orders are expected to be published by the end of December 2021. The orders will put into place the Commerce Department's final dumping rates that were published on October 25, 2021. The rates are as follows: Based on today's affirmative vote, importers must post cash deposits for each shipment of the subject imports. Importers' liability could increase or decrease depending on the extent of dumping the Commerce Department finds when it conducts a review of the level of dumping, which is expected to take place in 2023. In October 2020, two major US synthetic yarn producers – Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America – filed petitions with the Commerce Department and the USITC alleging that dumped imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam were causing material injury to the domestic industry. The Commerce Department initiated the investigations in November 2020, and the USITC preliminarily determined in December 2020 that imports from the four countries are causing injury to the US domestic industry. As noted above, in October 2021, the Commerce Department calculated final AD cash deposit rates. Imports of polyester textured yarn from China and India are currently subject to significant double- and triple-digit AD and countervailing duties as a result of prior investigations that concluded in January 2020.
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