Presidential Documents

92015 

Federal Register 

Vol. 89, No. 224 

Wednesday, November 20, 2024 

Title 3— 

The President 

Proclamation 10857 of November 8, 2024 

To Facilitate Positive Adjustment to Competition From Imports of Fine Denier Polyester Staple Fiber 

By the President of the United States of America 

A Proclamation 

[Editorial Note: Proclamation 10857, originally published on pages 89909– 

89916 in the Federal Register of November 14, 2024, is being reprinted 

with a White House correction to the annex.] 

1. On August 26, 2024, the United States International Trade Commission 

(USITC) transmitted to the President a report (USITC Report) on its investigation under section 202 of the Trade Act of 1974, as amended (the ‘‘Trade 

Act’’) (19 U.S.C. 2252), with respect to imports of fine denier polyester 

staple fiber (fine denier PSF). The product subject to the USITC’s investigation and determination excluded certain fine denier PSF described in the 

USITC’s Notice of Institution, 89 FR 18435 (March 13, 2024), and listed 

in subdivision (c)(ii) of Note 32 in the Annex to this proclamation. 

2. The USITC reached an affirmative determination under section 202(b) 

of the Trade Act (19 U.S.C. 2252(b)) 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. 

3. Pursuant to section 301(a) of the United States-Mexico-Canada Agreement 

Implementation Act (the ‘‘USMCA Implementation Act’’) (19 U.S.C. 4551(a)), 

the USITC made findings as to whether imports of Canada and Mexico, 

considered individually, account for a substantial share of total imports 

and contribute importantly to the serious injury caused by imports. The 

USITC made negative findings of substantial share and contribution to injury 

with respect to imports of fine denier PSF from Canada and Mexico, considered individually. 

4. Pursuant to statutes implementing certain free trade agreements to which 

the United States is a party, the USITC further found that imports of fine 

denier PSF that are a product of Australia, each Dominican Republic-Central 

America-United States Free Trade Agreement country (i.e., Costa Rica, the 

Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) 

(CAFTA–DR countries), Colombia, Jordan, the Republic of Korea, Panama, 

Peru, and Singapore, individually, are not a substantial cause of serious 

injury or threat thereof. 

5. Furthermore, pursuant to section 403 of the Trade and Tariff Act of 

1984 (Public Law 98–573, 98 Stat. 2948, 3016 (1984)) (19 U.S.C. 2112 note), 

the USITC 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 United States-Israel Free Trade Agreement. The USITC also 

found, pursuant to 19 U.S.C. 2703(e), that the serious injury substantially 

caused by imports to the domestic industry producing a like or directly 

competitive article does not result 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. 


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6. The USITC Commissioners transmitted to the President their individual 

recommendations that each of them considered would address the serious 

injury to the domestic industry and be most effective in facilitating the 

efforts of the domestic industry to make a positive adjustment to import 

competition. 

7. On September 10, 2024, the United States Trade Representative (USTR) 

requested additional information from the USITC under section 203(a)(5) 

of the Trade Act (19 U.S.C. 2253(a)(5)). On October 10, 2024, the USITC 

provided a response that identified unforeseen developments that led to 

the importation of fine denier PSF into the United States in such increased 

quantities as to be a substantial cause of serious injury (USITC Supplemental 

Report). The USITC Supplemental Report also reported, inter alia, that increased imports of fine denier PSF products of all countries other than 

Australia, Canada, the CAFTA–DR countries, Colombia, Israel, Jordan, the 

Republic of Korea, Mexico, Panama, Peru, and Singapore are a substantial 

cause of serious injury to the domestic industry. 

8. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and after 

taking into account the considerations specified in section 203(a)(2) of the 

Trade Act (19 U.S.C. 2253(a)(2)), the USITC Report, and the USITC Supplemental Report, I have determined to implement action of a type described 

in section 203(a)(3) (19 U.S.C. 2253(a)(3)) (safeguard measure), with regard 

to the following fine denier PSF: fine denier PSF, not carded or combed, 

measuring less than 3.3 decitex (3 denier) in diameter, whether coated 

or uncoated. Fine denier PSF is classifiable in the Harmonized Tariff Schedule of the United States (HTS) in subheading 5503.20.00 and described 

in statistical reporting number 5503.20.0025 or 9813.00.0520. 

9. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), the action 

I have determined to take shall be a safeguard measure in the form of 

a quantitative restriction on imports of fine denier PSF described in paragraph 

8 of this proclamation, admitted temporarily free of duty under bond and 

entered under subheading 5503.20.00 and described in statistical reporting 

number 5503.20.0025 or 9813.00.0520, imposed for a period of 4 years, 

with annual reductions in the within-quota quantities in the second, third, 

and fourth years. Admission of certain imported articles free of duty under 

bond is commonly known as a Temporary Importation under Bond (TIB). 

TIB entries are subject to the conditions appearing in Chapter 98, Subchapter 

XIII, of the HTS (19 U.S.C. 1202) as well as regulations promulgated by 

U.S. Customs and Border Protection and the Department of the Treasury. 

10. The quantitative restriction of TIB entries described in paragraph 9 

of this proclamation shall be allocated among all countries except those 

countries the products of which are excluded from such quantitative restriction, pursuant to paragraphs 13 through 16 of this proclamation. 

11. This safeguard measure shall apply to imports of all countries, except 

as provided in paragraphs 13 through 16 of this proclamation. 

12. I have found, pursuant to section 203(e)(4) of the Trade Act (19 U.S.C. 

2253(e)(4)), that the most recent 3 years that are representative of imports 

of fine denier PSF and for which data are available are 2018 through 2020, 

because that period covers the 3 most recent years before the surge in 

imports, particularly under TIB entry, from 2021 to 2023. Setting a quantitative restriction of zero pounds for the first year of this action is consistent 

with this representative period because the USITC Report indicates that 

there were no imports of fine denier PSF under TIB entry during 2018 

through 2020. 

13. This safeguard measure shall not apply to imports of any product described in paragraph 8 of this proclamation of a developing country, as 

listed in subdivision (b)(iii) of Note 32 in the Annex to this proclamation, 

as long as such a country’s share of total imports of the product, based 

on imports during a recent representative period, does not exceed 3 percent, 

provided that imports that are the product of all such countries with less 


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than 3 percent import share collectively account for not more than 9 percent 

of total imports of the product. If I determine that a surge in imports 

of a product described in paragraph 8 of this proclamation of a developing 

country that is a World Trade Organization (WTO) Member results in imports 

of that product from that developing country exceeding either of the thresholds described in this paragraph, I may modify this action to apply to 

such product of such country. 

14. Pursuant to section 302(a) of the USMCA Implementation Act (19 U.S.C. 

4552(a)), I have determined after considering the USITC Report and the 

USITC Supplemental Report that imports of fine denier PSF that are the 

product of Canada and Mexico, considered individually, do not account 

for a substantial share of total imports and do not contribute importantly 

to the serious injury found by the USITC. Accordingly, pursuant to section 

302(b) of the USMCA Implementation Act (19 U.S.C. 4552(b)), I have excluded fine denier PSF that is the product of Canada or Mexico from 

the action I am taking under section 203 of the Trade Act (19 U.S.C. 

2253). 

15. After considering the USITC Report and the USITC Supplemental Report, 

I have also made the following determinations with regard to fine denier 

PSF that is the product of the following trading partners: 

(a) I have determined that imports of fine denier PSF that are the product 

of Australia are not a substantial cause of the serious injury found by 

the USITC, and I have therefore determined to exclude such imports that 

are the product of Australia from the action I am taking under section 

203 of the Trade Act (19 U.S.C. 2253), pursuant to section 331(b) of the 

United States-Australia Free Trade Agreement Implementation Act (Public 

Law 108–286, 118 Stat. 919, 949 (2004)) (19 U.S.C. 3805 note); 

(b) In light of the USITC’s finding that imports of fine denier PSF that 

are the product of each CAFTA–DR country individually are not a substantial 

cause of serious injury or threat thereof, I have determined to exclude 

such imports that are the product of each of the CAFTA–DR countries 

from the action I am taking under section 203 of the Trade Act (19 U.S.C. 

2253), pursuant to section 331(b) of the Dominican Republic-Central AmericaUnited States Free Trade Agreement Implementation Act (the ‘‘CAFTA– 

DR Act’’) (Public Law 109–53, 119 Stat. 462, 495 (2005)) (19 U.S.C. 4101(b)); 

(c) In light of the USITC’s finding that imports of fine denier PSF that 

are the product of Colombia are not a substantial cause of serious injury 

or threat thereof, I have determined to exclude such imports that are the 

product of Colombia from the action I am taking under section 203 of 

the Trade Act (19 U.S.C. 2253), pursuant to section 331(b) of the United 

States-Colombia Trade Promotion Agreement Implementation Act (Public 

Law 112–42, 125 Stat. 462, 493–94 (2011)) (19 U.S.C. 3805 note); 

(d) In light of the USITC’s finding 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 United States-Israel Free Trade Agreement, 

I have determined, as part of the action I am taking under section 203 

of the Trade Act (19 U.S.C. 2253), not to suspend the reduction or elimination 

of any duty on imports of fine denier PSF that are the product of Israel, 

pursuant to section 403 of the Trade and Tariff Act of 1984 (19 U.S.C. 

2112 note); 

(e) In light of the USITC’s finding that imports of fine denier PSF that 

are the product of Panama are not a substantial cause of serious injury 

or threat thereof, I have determined to exclude such imports that are the 

product of Panama from the action I am taking under section 203 of the 

Trade Act (19 U.S.C. 2253), pursuant to section 331(b) of the United StatesPanama Trade Promotion Agreement Implementation Act (Public Law 112– 

43, 125 Stat. 497, 529 (2011)) (19 U.S.C. 3805 note); 


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(f) In light of the USITC’s finding that imports of fine denier PSF that 

are the product of Peru are not a substantial cause of serious injury or 

threat thereof, I have determined to exclude such imports that are the 

product of Peru from the action I am taking under section 203 of the 

Trade Act (19 U.S.C. 2553), pursuant to section 331(b) of the United StatesPeru Trade Promotion Agreement Implementation Act (Public Law 110– 

138, 121 Stat. 1455, 1486 (2007)) (19 U.S.C. 3805 note); 

(g) I have determined that imports of fine denier PSF that are the product 

of Singapore are not a substantial cause of the serious injury found by 

the USITC, and I have therefore determined to exclude such imports that 

are the product of Singapore from the action I am taking under section 

203 of the Trade Act (19 U.S.C. 2253), pursuant to section 331(b) of the 

United States-Singapore Free Trade Agreement Implementation Act (Public 

Law 108–78, 117 Stat. 948, 970 (2003)) (19 U.S.C. 3805 note); and 

(h) In light of the USITC’s finding that the serious injury substantially 

caused by imports to the domestic industry producing a like or directly 

competitive article does not result from duty-free treatment provided for 

under the CBERA provisions of the Caribbean Basin Initiative trade program, 

I have determined, as part of the action I am taking under section 203 

of the Trade Act (19 U.S.C. 2253), not to suspend duty-free treatment pursuant 

to subsection 1 of 19 U.S.C. 2703(e), with respect to imports of fine denier 

PSF that are the product of any CBERA beneficiary country or territory. 

16. Although the USITC found that imports of fine denier PSF that are 

a product of the Republic of Korea are not a substantial cause of serious 

injury or threat thereof, I have determined to include imports of fine denier 

PSF that are the product of the Republic of Korea in the action I am 

taking under section 203 of the Trade Act (19 U.S.C. 2253). Specifically, 

consistent with the recommendations of certain USITC Commissioners, I 

have found that excluding imports of the Republic of Korea from the quantitative restriction could significantly undermine this action. 

17. While the USITC recommended excluding Jordan from this action under 

the United States-Jordan Free Trade Area Implementation Act (Public Law 

107–43, 115 Stat. 243 (2001)) (19 U.S.C. 2112 note), I have instead determined 

to exclude such imports that are the product of Jordan as imports of a 

developing country from the action I am taking, pursuant to paragraph 

13 of this proclamation. 

18. While the USITC Commissioners recommended that I impose a tariffrate quota on fine denier PSF imports, I have determined not to do so. 

The USITC Report indicates that TIB entries of fine denier PSF contributed 

significantly to the serious injury to the domestic industry. In addition, 

such TIB entries are undermining the effectiveness of existing trade actions 

on fine denier PSF. Therefore, I have decided to tailor this safeguard remedy 

to TIB entries of fine denier PSF. Furthermore, I have determined not to 

impose a tariff-rate quota on imports of fine denier PSF in the interest 

of balancing the competing interests of domestic fine denier PSF manufacturers and the impact of the safeguard remedy on downstream United States 

producers, including manufacturers of textiles, defense products, and consumer products, that rely on fine denier PSF. 

19. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C. 2253(a)(1)(A)), 

I have determined that this safeguard measure will facilitate efforts by the 

domestic industry to make a positive adjustment to import competition 

and provide greater economic and social benefits than costs. If I determine 

that further action is appropriate and feasible to facilitate efforts by the 

domestic industry to make a positive adjustment to import competition 

and provide greater economic and social benefits than costs, or if I determine 

that the conditions under section 204(b)(1) of the Trade Act (19 U.S.C. 

2254(b)(1)) are met, I shall reduce, modify, or terminate the action established 

in this proclamation accordingly. In addition, if I determine within 30 days 

of the date of this proclamation, as a result of consultations between the 

United States and other WTO Members pursuant to Article 12.3 of the 


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WTO Agreement on Safeguards, that it is necessary to reduce, modify, or 

terminate the safeguard measure, I shall proclaim the corresponding reduction, modification, or termination of the safeguard measure within 40 days 

of the date of this proclamation. 

20. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the President 

to embody in the HTS the substance of the relevant provisions of that 

Act, and of other acts affecting import treatment, and actions thereunder, 

including the removal, modification, continuance, or imposition of any rate 

of duty or other import restriction. 

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States 

of America, by the authority vested in me by the Constitution and the 

laws of the United States, including sections 203 and 604 of the Trade 

Act (19 U.S.C. 2253 and 2483), section 302 of the USMCA Implementation 

Act (19 U.S.C. 4552), section 331(b) of the United States-Australia Free 

Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 331(b) 

of the CAFTA–DR Act (19 U.S.C. 4101(b)), section 331(b) of the United 

States-Colombia Free Trade Promotion Agreement Implementation Act (19 

U.S.C. 3805 note), section 403 of the Trade and Tariff Act of 1984 (19 

U.S.C. 2112 note), section 331(b) of the United States-Panama Trade Promotion Agreement Implementation Act (19 U.S.C. 3805 note), section 331(b) 

of the United States-Peru Trade Promotion Agreement Implementation Act 

(19 U.S.C. 3805 note), section 331(b) of the United States-Singapore Free 

Trade Agreement Implementation Act (19 U.S.C. 3805 note), and 19 U.S.C. 

2703(e), do proclaim that: 

(1) In order to establish a quantitative restriction on imports of fine denier 

PSF described in paragraph 9 of this proclamation, subchapter III of chapter 

99 of the HTS is modified as provided in the Annex to this proclamation. 

(2) The modifications to the HTS made by this proclamation, included 

in the Annex to this proclamation, shall be effective with respect to goods 

admitted temporarily free of duty under bond which are entered under 

HTS statistical reporting number 9813.00.0520, on or after 12:01 a.m. eastern 

standard time 15 days after the date of this proclamation, and shall continue 

in effect as provided in the Annex to this proclamation, unless such action 

is earlier expressly reduced, modified, or terminated. 

(3) Imports of fine denier PSF that are the product of Australia, Canada, 

the CAFTA–DR countries, CBERA beneficiary countries and territories, Colombia, Israel, Mexico, Panama, Peru, or Singapore shall be excluded from 

the safeguard measure established in this proclamation, and such imports 

shall not be counted toward the quantitative restriction. 

(4) Except as provided in clause (5) below, imports of fine denier PSF 

that are the product of developing countries, as listed in subdivision (b)(iii) 

of Note 32 in the Annex to this proclamation, shall be excluded from 

the safeguard measure established in this proclamation, and such imports 

shall not be counted toward the quantitative restriction. 

(5) If, after the safeguard measure established in this proclamation takes 

effect, I determine that: 

(a) the share of total imports of the product of a country listed in subdivision (b)(iii) of Note 32 in the Annex to this proclamation, based on imports 

during a recent representative period, exceeds 3 percent; 

(b) imports of the product from all listed countries with less than 3 

percent import share collectively account for more than 9 percent of total 

imports of the product; or 

(c) a country listed in subdivision (b)(iii) of Note 32 in the Annex to 

this proclamation is no longer a developing country for purposes of this 

proclamation; 

then I may revise subdivision (b)(iii) of Note 32 in the Annex to this 

proclamation to remove the relevant country from the list or suspend operation of that subdivision, as appropriate. 


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(6) One year from the termination of the safeguard measure established 

in this proclamation, the United States note and tariff provisions established 

in the Annex to this proclamation shall be deleted from the HTS. 

(7) Any provision of previous proclamations and Executive Orders that 

is inconsistent with the action taken in this proclamation is superseded 

to the extent of such inconsistency. 

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day 

of November, in the year of our Lord two thousand twenty-four, and of 

the Independence of the United States of America the two hundred and 

forty-ninth. 

Billing code 3395–F4–P 


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[FR Doc. R1–2024–26714 

Filed 11–19–24; 11:15 am] 

Billing code 7020–02–C 


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