G/SG/N/6/USA/14  
11 March  2024 
(24-2202) Page: 1/4 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE  AGREEMENT ON  
SAFEGUARDS ON INITIATION OF  AN INVESTIGATION AND  
THE REASONS FOR IT  
UNITED STATES 
Fine Denier Polyester Staple Fiber  
The following communication, dated and received on 11 March 2024, is being circulated at the 
request of the delegation of the United States.  
 
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Pursuant to Article 12.1(a) of the WTO Agreement on Safeguards  (Safeguards Agreement) , the 
United States notifies that a safeguard investigation has been in itiated as follows:  
1.  Specify the date when the investigation was initiated  
The U.S. International Trade Commission (Commission)  initiated the investigation on 
February  28, 2024. 
A copy of the notice of institution of the investigation , which includes the scheduling of public 
hearings  and the applicable rules of procedure , is attached.*
The Commission has determined that this investigation is "extraordinarily complicated " within the 
meaning of 19 U.S.C. § 2252(b)(2)(B) and will make its serious injury determination by July  9, 2024. 
If the determination is affirmative  or the Commission is equally divided , the Commission will submit 
its report to the President within 180 days of the date on which the petition was properly filed, 
August 26, 2024 . 
2.  Specify the product subject to the investigation  
The product c overed by this investigation is fine denier polyester staple fiber ( PSF), not carded or 
combed, measuring less than 3.3 decitex (3 denier) in diameter.  The scope covers all fine denier 
PSF, whether coated or uncoated.  
The followi ng products are not covered by this investigation: (1) PSF equal to or greater than 
3.3 decitex (more than 3 denier, inclusive) currently imported under Harmonized Tariff System of 
the United States ( HTSUS ) statistical reporting numbers 5503.20.0045 and 55 03.20.0065; and 
(2) Low-melt PSF defined as a bicomponent polyester fiber having a polyester fiber component that 
melts at a lower temperature than the other polyester fiber component, which is currently imported 
under HTSUS statistical reporting number 55 03.20.0015.  
 
* The notice of institution of the investigation has been submitted electronically, and is available from 
the WTO Secretariat. To consult it, please contact Ms Anne Richards of the Rules Division 
(anne.richards@wto.org ). G/SG/N/6/USA/14  
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  For customs purposes, the fine denier PSF covered by the investigation is provided for under HTSUS 
subheading 5503.20.0025.  These HTSUS numbers are provided for convenience and the written 
description of the scope is dispositive.  
3.  Provide the re asons for the initiation of the investigation  
i. Was the investigation initiated pursuant to a petition from the domestic industry?  
Yes, the investigation was initiated pursuant to a petition filed by Fiber Industries LLC d/b/a 
Darling  Fibers, Nan Ya Plastics  Corp, America, and Sun Fiber LLC, producers of fine denier PSF in the 
United States.  The Commission deemed the petition  to have been properly filed on 
February  28, 2024. 
ii. Evidence on the basis of which the investigation was initiated.  
Increased Import Quantities  
The petition1 alleges that  imports have increased , both in absolute terms  and relative to 
U.S. production and consumption.  According to the petition, fine denier PSF impor ts increased  from 
195.2 million pounds in 2019 to 282.3 million pounds in 2023, an increase of 44.6 percent . The ratio 
of imports to domestic production increased steadily over the same period . 
Serious Injury or Threat of Serious Injury to the Domestic Industry  
The petition  alleges that imports are a substantial cause of serious injury because : 
• The substantial increase in imports ' share of the U.S. market has resulted in plunging 
domestic production and the significant closures and idling of U.S . production facilities ; 
• The displacement of U.S. producer sales by low -priced imports led to sever e reductions in 
the domestic industry 's capacity utilization;  
• The financial performance of the domestic industry fell from 2019 to 2023; and  
• The loss of U.S.  market share over the past five years has had a negative effect on the 
domestic industry 's employment.  
With regards to threat of serious injury to the domestic industry, t he petition alleges that the 
domestic industry suffered significant market share los ses, deteriorating financial performance, low 
and declining capacity utilization, and suppressed investment and employment as evidence of threat 
of serious injury to the domestic industry.  
Unforeseen Developments  
The petition does not make reference to any  unforeseen developments.  
More detailed information regarding a ll of the above is contained in the petition, which can be found 
at https://edis.usitc.gov . 
iii. Evidence, if any, of critical circumstances where delay would could damage which it would be 
difficult to repair.  
The petitioner did not allege critical circumstances in the petition.  
4.  Provi de a point of contact for the investigation and identify the preferred means for 
corresponding.  
The point of contact for the investigation is:  
Kristina Lara  
Office of Investigations  
U.S. International Trade Commission  
500 E Street, SW  
Washington, DC 20436  
Tel: (202 -205-3386) 
 
1 Much of the serious injury data is confidential business information. However, the United States has 
included relevant d ata and information regarding serious injury or threat of serious injury where possible.  G/SG/N/6/USA/14  
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  The public record for this investigation may be viewed on the Commission 's electronic docket (EDIS) 
at https://edis.usitc.gov . 
5.  Provide the deadlines and procedures for importers, exporters and other interested 
parties to present evidence and their views, including (i) deadlines and procedures for 
Members and exporters to identify themselves as interested parties, if so required, to 
participate in the investigation, and (ii) the dat e of an intended public hearing as 
provided for in Article 3.1.  
Persons wishing to participate in the investigation as parties must file an entry of appearance with 
the Secretary to the Commission  not later than 21 days after publication of the notice of i nstitution 
in the Federal Register.  The Secretary will prepare a service list containing the names and addresses 
of all persons, or their representatives, who are parties to this investigation upon the expiration of 
the period for filing entries of appeara nce. 
The Secretary will make confidential business information gathered in this investigation available to 
authorized applicants representing interested parties under the administrative protective order 
issued in the investigation, provided that the applic ation is made not later than 21 days after the 
publication of the notice of institution in the Federal Register.  A separate service list will be 
maintained by the Secretary for those parties authorized to receive confidential business information 
under the  administrative protective order.  
Each party who is an interested party may submit a prehearing brief to the Commission.  The deadline 
for filing prehearing briefs on serious injury is May 28, 2024 ; that for filing prehearing briefs on 
remedy  is July 16, 2024. 
The Commission has scheduled separate hearings in connection with the serious injury and remedy 
phases of this investigation.  The hearing on serious injury will be held on June 4, 2024 , at the 
U.S. International Trade Commission Building, 500 E Street,  SW, Washington, DC.  
In the event that the Commission makes an affirmative serious injury determination or is equally 
divided on the question of serious injury in this investigation, a hearing on the question of remedy 
will be held on July 23, 2024 . 
Reques ts to appear at the hearings should be filed in writing with the Secretary to the Commission 
on or before May 24, 2024  for the serious injury hearing, and July 17, 2024  for the remedy hearing.  
All parties and nonparties desiring to appear at the hearings a nd make oral presentations should 
participate in prehearing conferences to be held on May 31, 2024  for the serious injury hearing and 
July 19, 2024  for the remedy hearing, if deemed necessary.  
Parties may file written testimony in connection with their presentation at the hearing.  A nonparty 
who has testimony that may aid the Commission 's deliberations may request permission to present 
a short statement at the hearings.  Parties must submit any request to present a portion of their 
hearing testimony  in camera no later than 7 business days prior to the date of the respective 
hearings.  
The deadline for filing posthearing briefs for the serious injury phase of the investigation is 
June 11, 2024; the deadline for filing posthearing briefs for the remedy phase of the investigation, 
if any, is July 29, 2024 . 
In addition, any person who has not entered an appearance as a party to the investigation may 
submit a written statement of information pertinent to the consideration of serious injury on or 
before June 11, 2024 , and pertinent to the consideration of remedy on or before July 29, 2024 . 
The attached notice of institution provides further information regarding deadlines and procedures 
applicable to this investigation.  G/SG/N/6/USA/14  
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  The Commission 's Handbook on E -Filing, available on the Commission 's website at 
https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf , elaborates up on 
the Commission 's rules with respect to electronic filing.  
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