NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON SAFEGUARDS
UPON MAKING A FINDING OF SERIOUS INJURY OR THREAT
THEREOF CAUSED BY INCREASED IMPORTS

United States

Fine Denier Polyester Staple Fiber

Supplement

The following communication, dated and received on 11 October 2024, is being circulated at the request of the delegation of the United States.

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Pursuant to Article 12.1(b) of the WTO Agreement on Safeguards (Safeguards Agreement), the United States is supplementing its earlier notifications[1] regarding the determination of the U.S. International Trade Commission (ITC) with respect to serious injury, or threat thereof, to the domestic industry caused by increased imports.

1._    Provide evidence, citing relevant data and the applicable period of investigation of serious injury or threat thereof caused by increased imports.

As previously notified, on July 9, 2024, the ITC determined that imports of fine denier polyester staple fiber are being imported in such increased quantities as to be a substantial cause of serious injury to the domestic industry. The ITC forwarded its report to the President on August 26, 2024.

On September 10, 2024, the United States Trade Representative, pursuant to delegated authority from the President, requested additional information from the ITC to assist the President in determining the appropriate and feasible action to take that will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. Specifically, the request asked that the ITC:

·_        report on whether increased imports of fine denier polyester staple fiber from all sources other than Canada and Mexico, or both, are a substantial cause of serious injury or threat of serious injury to the domestic industry;

·_        report on whether increased imports of fine denier polyester staple fiber from all sources other than Australia; Canada; Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua (collectively, the CAFTA-DR countries); Colombia; Israel; Jordan; South Korea; Mexico; Panama; Peru; and Singapore are a substantial cause of serious injury or threat of serious injury to the domestic industry;

·_        report on whether increased imports of fine denier polyester staple fiber from all sources, inclusive of South Korea, but excluding the other sources in the preceding paragraph, are a substantial cause of serious injury or threat of serious injury to the domestic industry; and

·_        identify any unforeseen developments and the effect of the obligations incurred under the WTO Agreement that led to the articles at issue being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry.

The ITC's supplemental report was forwarded to the President on October 10, 2024. A copy of the public version of this supplemental report is attached to this notification.[2]

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