here - United States Fashion Industry Association
Transcription
here - United States Fashion Industry Association
July 15,2011 Ms. Marilyn R. Abbott Secretary United States International 500 E Street, SW Washington, DC 20436 Re: .............. _- ..-•••..... .....•..•........ .;. Trade Commission Office of the Secretary lnt'l frade: Commission Petition Seeking Relief from Market Disruption Caused By Imports of Upholstery Fabric and Fumiture Parts of Textile Fabrics from the Peoples Republic of China, Inv. No. TA-42 1-_ Dear Madam Secretary: On behalf of the National Textile Association (''NTA'') and pursuant to Section 421 (b) of the Trade Act QfJ974, 19 U.s.C. § 2451 (b) and Subpart E ofPart206.ofthe Rules of Practice and Procedure of the U.S. International Trade Commission, I Submit the enclosed petition for relief from market disruption caused by increasing imports of upholstery fabric and furniture parts oftextile fabric from China. In accordance with Commission Rule 20 1.8( d), 19 C,F .R. § 20-l.8(d), I enclose the original and l-lcepies of the petition, which is public in its-entirety, I also provide an additional four copies for the Commission to provide to the-President, the U.S. Trade Representative, the Committee on Ways and Means ofthe House of . Representatives and the Committee on Finance of the Senate, pursuant to 19-U.S.C. §2451(b)(4). Pursuant to Commission Rule 206.8(a), 19 C.F.R. § 20(:).8(a), the requisite certification concerning the accuracy and completeness of-the information in the-petition is attached hereto. Please do not hesitate to contact me if you have any questions. ~ David Trumbull Vice President, International Trade; National Textile Association CERTIFICATION I, David Trumbull, Vice President, International Trade of the National Textile Association, hereby certify that I have reviewed the attached petition and that-the factual information contained therein is-accurate and complete to the best of my knowledge . . SU~~ Dated: July 15,2011 BEFORE THE UNITED STATES INTERNATIONAL TRADE COMMISSION PUBLIC DOCUMENT UPHOLSTERY }<,ABRlCSAND FURNITURE PARTS OF TEXTILE MATERIAL FROM THE PEOPLE'S REPUBLIC OF CHINA Inv. No. TA-421-_ PETITION FOR RELIEF FROM MARKET DISRUPTION .-PURSUANT ro SECTION 421 (b) OF THE TRADE ACT OF 1974 Petitioners: National Textile Association (''NT A") on.behalf'of the NTA Upholstery Fabrics Committee Dated: July 15, 2011 - 1- Table of Contents 1. Introduction , 1 2. Name and description of the imported product concerned, tariff treatment, and name and description of the like or directly competitive domestic product concerned (19 C.F.R. §206.44(b» ~ 2 (a) Broadwoven flat upholstery fabric other than micro denier suede 2 (b) Chenille fabrics 7 (c) Coated textiles 7 (d) Micro denier suede ("MDS") upholstery fabrics : 8 (e) Cut pieces of fabric entered as furniture parts 9 3. The domestic industry and representativeness (19 C.F.R. § 206.44(c» .............................•. 10 (a) Names and street addresses of firms represented in the petition 10 (b) Percentage of domestic production of the like or directory competitive domestic like product accounted for by petitioners ; , 12 (c) Names and address of all other producers of the domestic like product 13 IV. Import data for at least each of the most recent five full years (19 C.F.R., § 206.44(d) 14 (a) Broadwoven flat upholstery fabric other than micro denier suede 14 (b) Chenille fabrics 14 (c) Coated textiles .......•...................... 17 (d). Micro denier suede upholstery fabrics ..~ . · 20 (e) Cut pieces of fabric entered as furniture parts ' ; , 25 .V" Domestic production data for at least each of the most recent five full years (1-9C.F.R. § .206.44(e» ~_ 28 VI. Data showing injury and/or thr-eat of injury (19 C.F.R. §206.44(f) 28 (a) Idling of production facilities and underutilized capacity 28 (b) Inability of [l1l11S to carry out domestic production operations-at a reasonable level of profit 34 (c) Information concerning unemployment or underemployment ; 34 (d) Information concerning declines in sales or market share, increases in inventory, and/or downward trend in production, profit, wages or employment ; _~ 36 (e) 'Information concerningextentto which firms in the industry are unable to generate adequate-capital to finance the modernization of their plants and equipment., .; 37 (f)" Information regarding the extent to which the United States is the focal point for the diversion of exports of the article concerned by-reason of restraints on exports of such article to, or on imports of such article-into, third country markets 38 (g) Information regarding the productive capacity in The People's Republic of China, any unused productive capacity and any potential for product shifting ..........•............................... 38 VII. Information concerning cause of injury (19 C~F.R. § 2-06.44(g) 39 VIII. Reliefsought and purpose thereof (19 C.F.R. §206.44(i» _ : 41 (a) Purpose ~ 41 (b) Relief requested ~ 42 IX. Additional information ~~ ~ 44 (a) Names and addresses ofD.S. importers and Chinese-producers known to Petitioners 44 (b) Products for which the petitioner requests the Commission to-seek pricing information 51 (c) Customer Names And Addresses 51 -2- (d) Information concerning lost sales and lost revenue allegations 57 Conclusion ~ 58 Appendix A: U.S. imports of Chinese-origin broadwoven fabric including upholstery fabric (2006-2010) in SME Appendix B: U.S. imports of Chinese-origin broadwoven fabric including upholstery fabric (2006-2010) in dollars _ Appendix C. Furniture Today "2001 A Brutal Year for Textiles" Andrews, Susan M. May 19, 2002 Appendix D. Furniture Today June 2, i003 Andrews, Susan M . Appendix E. Consumer Product Safety Commission Standard for the Flammability of -Residential Upholstered Furniture; Proposed Rule (73 FR 11701) I ' r -3- 1. Introduction This is a petition under section 421 (b) of the Trade Act of 1974, as amended, 19 U.S.C. §2451(b), and Subpart E of Part 206 of the Rules of Practice and Procedure of the u.S. International Trade Commission, seeking relief from market disruption caused by imports of upholstery fabrics and furniture parts oftextile materials from the People's Republic of China. This petition is submitted on behalf of the domestic United States broadwoven upholstery textile . manufacturing ("UTM") industry generally and specifically on behalf of the National Textile Association (''NT A") Upholstery Fabrics Committee (hereinafter "Petitioners"). This petition presents evidence and information reasonably available' to Petitioners that upholstery fabric and furniture parts of textile material are being imported into the United States from the People's Republic of China in .such increased quantities and under .such conditions as to materially injure the domestic industry. Statistics published by the U~S. Census Bureau clearly demonstrate that imports of upholstery fabric and furniture parts-of textile material from Chinahave increased substantially since China was admitted to the World Trade Organization in 200 1, . while domestic production, shipments and market share have declined just as substantially 1 • During this period, the largest domestic plants producing upholstery fabric have been shuttered, resulting in significant loss of capacity, and thousands of workers who have lost their jobs. The . declines in production, shipments, sales and market share are depriving domestic producers of the investment and capital needed to maintain and improve the competitiveness of domestic upholstery fabric plants. In-short, there can be no question that imports of Chinese .upholstery fabric and furniture parts of texti-le material are B. significant cause of material injury to the domestic industry. 1 Petit-ioners have endeavored to identify and include all information and data that are required by the Commission's regulations as set forth at 19 C.F.R. § 206.44. - 1- The industry is also threatened with further material injury from Chinese upholstery fabric and furniture parts of textile material due to imports of broad woven upholstery fabrics of Chinese origin; micro denier suede upholstery fabric of Chinese origin, including micro denier suede upholstery fabric entering the U.S. duty free via foreign trade zone ("FTZ") operations in Mississippi and North Carolina; and "furniture parts of textile material that enter the U.S. dutyfree in circumvention of U.S. tariffs on such upholstery fabrics in the roll form. The threat of the approval of additional FTZs for upholstery (an additional filing in Indiana is pending) and increased importation of cut textile parts of furniture are a continuing, and growing threat to the domestic upholstery fabrics industry and are likely 10 contribute to more plant closings and disappearance of good-paying jobs unless we are granted the relief sought 2. . " Name and -description of the iD)ported product concerned, tariff treatment,..and name and description of the like or directly competitiVe domestic product concerned (19 C.F.R. §206.44(b» The imported Chinese upholstery fabrics and furniture parts of textile materials which are " the subject of this petition are defined as follows: (aJ Broadwoven flat upholsteryfizbric other than micro denier suede "Broadwovea-febrics of chief weight of.cotton or man-made fiber, of weight equal to or exceeding 200 glm2. These fabrics may be classified.in any-ef'the following lO-digit statistical tariff classifications in the Harmonized Tariff Schedule of the United States ("HTSUS"): 15209.39.0020- [Woven Fabrics of Cotton, Dyed-Satin Weave or Twill Weave; Sateens, => 85 Ipercent by Weight of Cotton, greater than 200 glm2 " -2- 8.40% 5209.3 9 .0040 Woven Fabrics of Cotton, Dyed Satin Weave or Twill Weave: Twills, => 85 ,percent by Weight of Cotton, greater than 200 glm2 8.40% :5209.39.0060 Woven Fabrics of Cotton, Dyed Duck, Except Plain Weave, => 85 percent by Weight of Cotton, Weighing greater than 200 glm2 8.40% '5209.49.0020 Yarns of DifIerent Colors other Fabrics Jacquard Weave, => 85 percent 'Cotton, Width greater than 127 em greater than 200 glm2 8.40% :5211.32.0040 Dyed 3-Thread or 4- Thread Twill Fabric, less than 85 percent by Weight of 'Cotton, Mixed with Man-Made Fibers, Weighing greater than 200 glm2, ~apped ' 8.10% ! Dyed Satin Weave or Twill Weave: Sateens, less than 85 percent by Weight 'of Cotton, Mixed with Man-Made Fibers, Weighing greater than 200 glm2 15211.39.0020 , , Dyed Satin Weave or Twill Weave: Twills, less than 85 percent by Weight of Cotton, Mixed with Man-Made Fibers, Weighing greater than 200 glm2 15211.39.0040 - , I 8.10% --' Dyed-Duck, Except Plain Weave, less than 85 percent by Weight of Cotton, Mixed Mainly of Solely with Man-Made Fibers, Weighing greater than 200 ig/m2 /5211.39.0060 8.10% 8.10% ,Y: arns of DifferentColors, 3-Thread or 4- Thread Twill Fabric, less than 85 lpercent Cotton, Mixed with Man-Made Fibers, more than200'glm2, not _~~pp_ed , 5211.43.0030 8.10% , Yarns of Different Colors, other Fabric, not Plain Weave, less than 85 percent Iby Weight of Cotton Mixed with Man-Made Fibers greater than 200 glm2 8.10% 15212.23.1020 Dyed Woven Fabric, Combed-of Cotton, greater than or equal to 36 percent 1by Weight of Wool or Fine Animal Hair, Weighing greater than 200 glm2 ' 16.50% :5212.23.6040 'Dyed Duck, of Cotton, Containing less than 36 percent by Weight of Wool or IFine Animal-Hair, Mixed-with other Fibers..greater than 200 glm2 7.S-0% 15212.23.6090 !Byed other Woven Fabric, not Plain Weave, of Cotton; COntaining less than 136percent by Wceight of Wool, Mixed with other Fibers, greater thllIl200 iglm2 r: __ ._. _...__' ,.__".._._. :5211.49.0090 ~ L __ 0,-,, _._ ._-- ••••. , 15212.24.6030 ·7.80% 7.80% 15212:24:6090 [YarnsofDifferent Colors, other than Jacquard Woven Fabric, of Cotton; IMixed with other Fibers, Weighing greater than 200 glm2 7.80% ~407.10.0090 'Woven Fabrics of Synthetic FiiamentYarn; Woven Fabric of High Tenacity Yarns, of Nylon or Other Polyamides, Synthetic Filament, other 13.60% :5407.20.0000 Free :5407.42.0060 c·- 14.90% • i ,5407.43.2()60 8.50% -3- 5407.52.2060 Woven Fabrics of Synthetic Filament: Dyed Woven Fabric, => 85 percent of Textured Polyester Filament Yams, Greater Than 170 glm2 14.90% 5407.53.2060 Yams of Different Colors Woven Fabric, => 85 percent of Textured Polvesterl Filament Yams, Weighing greater than 170 glm2 12% 15407.61.1100 Dyed Fabrics of Polyester, of Single Yam, Decitex less than 75, not more lthan 80 Decitex, Having 24 Filaments per Yam, Twist of 900 or More / 15407.61.9100 Other Woven Fabric of Sin Yam, Measuring more than 75 Decitex, not more 'than 80 Decitex, Twist >= 900 turns/meter, Having 24 Filamentsper Yam. 14.90% :5407.61.9935 Dyed Fabrics, other than Flat, => 85 percent by Weight of Non-Textured Polyester Filament Yams, Weighting more than 170 glm2 14.90% 5407.69.2060 [Dyed Woven Fabric, less than 85 percent by Weight of Non- Textured ,Polyester Filament Yams, Weighing more than 170 glm2 19.4 cents/kg + 18% .... "~.--... .... --,.. ~--- --~ [Yamsof Different Colors Woven Fabric, less than 85 percent of Non[Textured, Thread Count> 69 butnot > 142 In the Warp and > 31 & < 71 In ... 'Fillin~L ' :5407.69.3000 5407.69.4060 . !5~07.72.0060 Free iyarns of Different Colors Woven Fabric, less than 85 percent by Weight of Non-Textured Polyester Filament Yarns, greater than 170 glm2 .. 8.50% ...iDye(fWo~i~ Fabric, => 85 percent by Weight of other Synthetic Filament Y arns! P~ly~s!~r! ~~i~ing greater than 1IQ.g!m2 14.90% 'Yarns of.Different Colors, other Woven Fabric, => -g-s percent by Weight of [Other Synthetic Filament Yarns. greater than 170 glm2 8.50% 15407.83.0090 'Woven Fabrics of Synthetic Filament Yam, Containing less than 85 percent iby Weight of Synthetic Filaments: Yams ofDiffColors other Woven Fabric 8.50010 j540'7.9~..6510 [Dyed Woven Fabric, not Combed, of Synthetic Filament Yams, greater than lor.equal to' 36-percent by Weight of Wool or Fine Animal Hair 25% :5401.92.0520 [Dyed Woven Fabric, Combed,of Synthetic Filament Yams, greater than or lequal to 36 percent.by Weight of Wool or Fine Animal Hair 15407.73.2060 I , . -' •..•.. '-. j5407 .92.20 10 ........ ... i...••.•...... _ •••.... ~.. .....• ..•,...................... . .•......•.....-........ ...........•.•...•......•.... _ 25% 1.......•..... Dyed Woven Fabric; of Synthetic Filament Yarns, ether Woven Fabrics, IMixed Mainly or Solely with Artificial Filament or Metalized Yams + ' _ .. __ -.-- ....................•.. --_ .••.......... 14.9()4/o ;- j5407.93.2010- IYarns of'Different-Celers other Woven Fabric of Synthetic Filament Yarns, [Mixed Mainly or Solely with-Artificial Filaments or 'MetalizedYams 12% 154-07';93.2050 Yarns -of-Different Colors Satin 'Weave or Twill Weave, of Synthetic IFilament Yams, Mixed Mainly or Solely with other Fibers, I2% 15407.93-;-2090 j5408.10.0000 [Yams of Different Colors other Woven Fabricrof'Syrrthetic Fil~ent Yams, Fi1?e.r~· .. Woven Fabrics of Artificial Filament Yarn, Including Fabrics Obtained From tHeading.5405: Woven Fabrics of High.Tenacity Viscose Rayon Filament, Yarns lMixed Mainly or Solely wi~.o~er -4- 12% 14.90% Dyed Woven Fabric, of Artificial Filament Yarns, Including Fabrics Obtained From Heading 5405: Mixed with Wool, less than 36 percent by Weight 5408.32.1000 .. -of·· .,... 12% , __ 5408.32.3000 Dyed Woven Fabric, of Artificial Filament Yarns, Including Fabrics Obtained !From Heading 5405: greater than or = To 30 percent Silk Valued Over 1$33/kg 6.90% :5408.32.9010 Dyed Woven Fabric, of Artificial Filament Yarns, Including Fabrics Obtained From Heading 5405: Mixed Mainly or Solely with Synthetic Filament Yarns 15% Dyed other Woven Fabric, of Artificial Filament Yarns, Including Fabrics ,iObtained From Heading 5405: Mixed Mainly or Solely with other Fibers :5408.32.9090 Ya.'11Sof Different Colors Satin Weave or Twill Weave of Artificial Filament Yarns, Mixed Mainly or Solely with other Fibers i5408.33.9050 b514.21.0090 Dyed Plain Weave Duck, less than 85 percent by Weight of Polyester Staple , Fibers, Mixed Mainly or Solely with Cotton, Weighing greater than 170 glm2 - -' ; ; - 12% 14.90% T',,._ jDyed 3-4 Thread Twill Fabric; less than 85 percent by~Weight of Polyester :Staple Fibers, Mixed with Cotton, Weighing greater than 170 glm2, not :JIj'apped 15514.22.002() I ... -, 15% 14.90% . Dyed Satin Weave or Twill Weave, less than 85 percent by Weight of 'Polyester Staple Fibers. Mixed with Cotton, Weighing greater than 170 gfm2 5514.23.0020 : : 15514.23.0040 Dyed Duck, Except Plain Weave-less than 85 percent by Weight of Polyester iStaple Fibers, Mixed Mainly or Solely with Cotton,greater than 170 glm2 14.90% j551429.0040- Dyed Satin Weave or Twill Weave, less than 85 percent by Weight of other [Synthetic Staple Fibers, Mixed with Cotton; Weighing greater than 170 glm2 12% ;5514.29.0090 'Dyed other Fabric, not Plain Weave, less than 85 percent by Weight of other [Synthetic Staple Fibers, Mixed with Cotton, greater than 170 gIm2 12% ij5-14.3().3100 :Woven Fabric Synthetic,Sf<85% !., .-- --····---·--·----,--.,,·1··~··· 15514.30.3210 ._ YdcPy SfPl/Wv 14.90% __ .... - ,Woven Fabric Sy Lt 85% M C Gt 170glm2 Ydc 3-4t Psf'Blu Dn . !55i~jO:3~~Q.-;W~~f:~~a~~~ l551436.3310 Mxet->170g/m2 ._ _ _- 14.90% Sy~~ 8~%!vi CQi-l~O~~yd~~-4tjlY S~Q~_ 'Woven Fabric SyLt 85% M-C Gt 170glm2 Ydc OwfpsHacq Wv r55i4~30.339a--- \V~v;~F~bri~-Sy iiisO/;M C Gt -17ogt~ Yd~~O~~iN-J;cW ..., ,--'_._-----_ _-,------,--,' ., ,.,,"'._ ,.,.--."".---------'" ,-, '''-' --, ,_ _--,---._-,, _,.,.._-, ---"_ --'-- ,._,, --- -+-, 1s514~30.3920 IWoven Fabric Sy Lt 85%M C Gt 170glm2 Ydt Ot Woven Fabric Jac Wv Free l5514.36.3990 [Woven Fabric Sy LL85% M C Gt170gfm2 Y de Ot Woven Fabric NESOI Free lssI5.19.0090 IOther WtWen Fabrics of Synthetic Staple Fibers: other Fabric, not Plain 'Weave, of'Pelyester Staple Fiber-s, Mixed with other Fibers 12% Other Woven Fabrlcs of Synthetic Staple Fibers: Satin Weave or Twill i55-1521.0040 r-···'····· [Weave, of Acrylic Staple Fibers, Mixed with Man-Made Fibers Filament Yarns. .. _ .. ..-.;- -. i 15515.22.0520 20.10% -5- :5515.29.0090 'Other Woven Fabrics of Synthetic Staple Fibers: other Fabric, not Plain Weave, of Acrylic or Modacrylic Staple Fibers, Mixed Mainly with other 'Fibers ---.. _. Free [5515.91.0040 'Other Woven Fabrics of Synthetic Staple Fibers: Satin Weave or Twill Weave, of other Synthetic Staple Fibers, Mixed with Man-Made Fibers 'Filaments 12% [5515.91.0090 'Other Woven Fabrics of Synthetic Staple Fibers: other Fabric, not Plain 'Weave, of other Synthetic Staple Fibers, Mixed with Man-Made Fiber Filaments 12% 15515.99.0510 iOth~r Woven Fabric Synthetic Sf 0 Woven Fabric M WIFAH Gt=36% Wgt IWIFAH 25% '5515.99.0520 Other Woven Fabric Synthetic Sf 0 Woven Fabric M WIFAH Gt=36%Wt W IFAH combed ... - --_.- ... ~.-~---~ 25% :5515.99.9005 'Other Woven Fabric of Synthetic Staple Fiber Oth Yr OfCI Ex Bd/Jc W 8.50% - '5515,99.9020 __,()ther ~()ven FabricsofSynthetic - --- - S~apl~ l"'i~~r2~r_than - Shee~!n~ i5_~I~·9.~;~94Q~_~jOtherV!~v~n F~~~ ofSyntheticStapleFiber 2t~~!_~h.an Satin/Twill Wv ~5~}E::99 .9090 ,Other Woven Fabric of Synthetic Staple Fiber Other NESOI , !W~~~-Fabrics-of-Artifi~iaiS~pi~Fibers:Dy~~fPi~Wea~eF~bric, => 85 15516.12.0010, ipercent of Artificial Staple Fibers ' ;5516.12.0020 iWoven Fabrics of Artifici~lSbtple Fibers: Dyed Sat~Weay.e !Fabric, => 85 eer~~~t of ~~ti~i~ Staple Fibers_ .__ or Twill Weave Woven Fabrics of Artificial Staple Fibers: Dyed other Fabric, not Plain => 8~p~r~~!lt of i\.ttific~al~!Rple Fiber~_' f i5516.12.0090yveave, !:5~~~1~__ ?000 __ ,~~~~~ :~b~C~;~:~;;~~~r~~ ; :5516.32.0510 , 15516.32.0520 15516.31:1000 [ - ~.--.. - -- ..-!.. ....----.~-- :~~~~;: _ :f~:~::nt~:l::,_~oven 8.50% 8.50% 8.50% 14.90% 14.90% 14.90% 14;9()% DyedWoven Fabric, not Combed, less than 85 percent by Weight-of [Artifidal Staple Fibers, greater than or equal to 36 percent by Weight of lWool 2S% Dyed Woven Fabric. Combed, les~ than 85 percent by Weight of Artificial Staple Fibers, greater than.or.equal to 36 perc-ent by Weight of Wool or FAR 25% Dy-ed Woven Fabric, less than 85 percent by Weight of Artificial Staple iFibers, Mixed Mainly or SO-lelywith Wool, less than 36 percent W-ool or IFAH - --i----- - 12% ,-- jDyed Satin Weave or Twill Weave, less than 85 percent by Weight of iArtificial Staple Fibers, Mixed-Mainly or Solely with Cotton l2% i5516A2.0090 IOyed other Fabric,not Plain Weave, less than 85 percent-by Weight of 'Artificial Staple Fibers, Mixed Mainly or Solely with.Cotton 12% 15516.43.0035 Yarns of.Different Colors other Woven Fabric..Iess than 85 percent by IWeight of Artificial Staple Fibers, Mixed/Cotton, Width greater than 127-cm Free 15516.42.0060 ____,L ; - -- ,5516.92.0060 Dyed Satin Weave or Twill Weave, 'less than 85 percent-by Weight of iArtificial Staple Fibers, Mixed-Mainly or-Solely with other Fibers 12% [5516.92.0090 iDyed other Fabric, not Plain Weave, less than 85-perc~nt by Weight of iArtificial Staple Fibers, Mixed Mainly or Solely with other Fibers 12% - 6- - Specifically excluded from the list above are: (1) Fabrics unlikely to be used for upholstery based on their HTSUS descriptions, i.e., fabrics in the greige state ("bleached/unbleached" in the HTSUS), cheesecloth, corduroy, cuprammonium rayon (Bemberg), denim, gauze, necktie fabric, printed fabric, printcloth, poplin or broadcloth, and sheeting, and (2) Fabric, the importation of which from China, did not increase in the period 2006-2010. (b) Chenillefabrics These fabrics-may be classified in any of the follow 10-digit statistical tariff classifications: H1'SUS 5801.21.0000 580-1.24.0000 Sg01.25.001b 5801.25.0020 5801.26.0010 5801.26.0020 MFNRate 20.20% 1050% 18.50% 18.50% Free Free HTSUS MFNRate 5801.3 LOOOO 17.20% 5801.34.0000 14% 5801.35.0010 17.20% 5801.35.0020 17.20% 5801.36.0010 ·9.80% 5801.36.0020 ·9.80% Specifically excluded are wool chenilles. ° (e) Coatedkxtiles. These fabrics may be classified in any of the following classifications: . MFNRate HTSUS 5903.20.1009 5903.20.2500 2.70% 7.50% 5903.90.10005903.90.2500 5907.00.6000 5907.00.8090 -7- 2.70% 750% Free Free (d) Micro denier suede ("MDS") upholsteryfabrics Micro denier suede ("MDS") emerged as a product of concern to domestic u.s. textile manufactures when, on August 3, 2007, the U.S. Dept. of Commerce published (72 FR 43232) applications submitted to the Foreign-Trade Zones Board by Bauhaus USA, Inc., H.M. Richards, Inc., and Lane Furniture Industries, Inc. for upholstered furniture manufacturing facilities in Mississippi. The applications, which were identical, requested Foreign Trade Zone (FTZ) Authority to import duty-free foreign-origin, micro-denier suede fabrics (classified under HTSUS Headings 5407, 5512, 5515, 5516, 5903, 5906, 6001, 6005~ and 6006 finished with a caustic soda wash process. The applications define "Micro denier suede" as: ...a specific kind offabric that is produced using a micro-denier yarn. The . production process involves two l'brushings, " one before and one after the dyeing process. Finally, a caustic soda finish is applied to the fabric in order. to achieve the sueded texture. The size and tightness of weave along with the finish process make the fabric more effective in repelling dirt, dust and food particles. The Examiner's Report submitted December 12, 2008 by Pierre Duy adopts the common industry definition of "micro denier" as "diameter of 1 denier or less.". 'The 8-digit U.S. tarifflines for such micro denier suede are: 5407.92.20 5407.9320 5512.19.00 5515.12.00 5516.23.00 5903.20.25 woven fabrics of'synthetic filament yarn not elsewhere-specified or indicated ("NESOI"), dyed, NESOI, woven fabrics of synthetic filament yarn NESOI, of yarns of different colors, NESOI, woven fabrics containing 85% or more by weight of polyester staple fibers, other than unbleached or bleached, woven fabrics of polyester staple fibers, mixed mainly or solely witli manmade filaments, NESOI, woven fabrics of artificial staple fibers, < 85%-by wt of such fibers, mixed mainly/solely wiman-made filaments, of different colo-red yarns, textile fabrics of man-made fibers, impregnated.coated, covered or laminated with polyurethane, 70% by weight rubber or plastics, wo -8- 5906.99.10 6001.22.00 6001.10.20 6001.92.00 6005.32.00 6005.34.00 6006.32.00 (e) rubberized textile fabrics not knitted or crocheted, of cotton, other than fabrics of heading 5902, knitted or crocheted looped pile fabrics of man-made fibers, knitted or crocheted "long pile" fabrics of man-made fibers, knitted or crocheted pile fabrics (other than "long pile" or looped pile) of man-made fibers, dyed warp knit fabrics (including those made on galloon knitting machines) of synthetic fibers, other than those of headings 6001 to 6004, printed warp knit fabrics (including those made on galloon knitting' machines) of synthetic fibers, other than those of headings 6001 to 6004, ' and dyed knitted or crocheted fabrics of synthetic fibers, NESOI. Cutpieces offabric entered aslumiture parts . Fabric cut to shape and ready to be attached to a piece of specific furniture is classified as furniture parts in Chapter 94 of the Harmonized System ("HS") under two HS headings: 9401.90 (parts of seats, which includes chairs,sofas, and all seating) and 9403.90 (parts of other furniture (excluding children's highchairs, booster seats, and similarseats). Parts ef seats (other than of a kind used fer motor vehicles) are classified at l G-digit statistical reporting number of the HTSU-S: 9401.90.5021 Part of seats (other than of a kind used for motor vehicles, of textile materials, cut to shape In the case parts of furniture other than seats (other than of a kind used for motor vehicles) there are four statistical breakouts for textile-parts: . 9403.90-.6005 parts of furniture (other than seats) other than of a kind used for motor, vehicles, of textile material, except cotton, for toddler beds, cribs, bassinets and cradles, 9493~99~6010 parts of furniture (other than seats) other than of a kind used for motor vehicles, of textile material, except cotton, for play yar-ds and other enclosures for confining children, 9403.90.6080 parts of furniture (other than seats) other.than of a kind used for motor vehicles, of textile material, except cotton, other, and 9403.9'0-.8051 parts of furniture (other- than seats) other than of a kind used for motor vehicles, of cotton, cut to shape (excluding toddler beds, cribs, bassinets and cradles, play yards and other enclosures for-confining children). --9 - All these classifications enter the U.S. duty-free. Note that prior to. 2011 the lu-digit breakouts were different.'. 3. The domestic industry and representativeness (19 C.F.R. § 206.44( c» (a) Names and street addresses offi1'1llSrepresented in the petition This petition is filed on behalf of the domestic upholstery fabric manufacturing industry. Petitioners are the member companies of the National Textile Association (''NTA'') Upholstery 2 Prior to January 1, 2011, there were five c-lassifications for textile furniture parts: HTSUS 9401.90.1020, (textile material cut to shape for seats for motor vehicles); H"TSUS 9401.90.5020 (textile material cut to shape for other seats); HTSUS 9403.90.1050 (textile material cut to shape for furniture-Iother than seats) in motor vehicles). Hl;SUS 9403.90.60 (textile material (other than cotton) cut to shape for other furniture); and HTSUS 9403.90.8050 (cotton material cut to shape for otherfurniture). On August 14,2008, Congress enacted the Consumer Product Safety Improvement Act of2008 ("CPSIA"), Public Law 110-314" 122 Stat. 3016 With the CPSIA,the element lead, particularly lead in consumer products designed or.intended primarily for children 12 years eld and younger, became an issue of concern to the Consumer Product Safety Commission modifications were made throughout the HTSUS to. provide for 10-digit statistical breakouts for children's products in order to. track.such products. Upholstery parts classifications in effect prior to 2011 were affected: 9401.90.5020 (textile material cutto shape for seats other than for motor vehicles) was .replaced by 9401.90.5005 (parts (including, but not exclusively of textile material) for children's highchairs, booster seats. and similar seats}and 9401.90.5021 (parts, other of textile material, cut to shape). . 9403.90.60 (textile material (uther than cotton) cut to shape for furniture (other than fOFmotor vehicles» was split into three lines: 9403.90.6095 (parts offurniture (other than seats) other than of a kind used for motor vehicles, of textile material, except cotton, for toddler beds, cribs, bassinets and cradles), 9403.90.6010 (parts of furniture (other than seats) other than of a kind used for motor vehicles, of'textile material, except cotton, for play yards and other enclosures for confining-children), and 9403.90.6080 (parts of furniture (other than seats) other than of a kind used for motor vehicles, of textile material, except cotton, other). 9403 .90.&05&-(-cottonmaterial cut to shape for furniture (other than for motor vehicles» was replaced by: 9403.90.801ft:(-parts (including, but not exclusively of textile material) for toddler beds, cribs, bassinets and cradles), 9403.90.8015 (parts (including, but not exclusively of textile material) for play yards and other enclosures for children), and 9403.90,8051 (parts of furniture (other than seats) other than of a kind used for motor vehicles, of cotton, cut to shape). -10 - Fabrics Committee ("UFC"). The National Textile Association is a not-for-profit 501 (c)(6) trade association, incorporated in the Commonwealth of Massachusetts, with its office at 6 Beacon Street, Suite 1125 Boston, Massachusetts 02108 (617) 542-8220 The plants in which the petitioners are engaged in the weaving of broad woven upholstery fabrics are: American Silk Mills 75 Start.Street Plains. PA 18705 David Rothschild Coinpany,.lnc. 618 Grooms Road Reidsville, NC 27320 Milliken and Company Pine Mountain Plant 7495 Hamilton Road Pine Mountain, GA 31822 MilIikencand Company " Cedar Hill Plant 225 Bob Little Road Jonesville, SC 29353 Milliken and Company Enterprise Plant 512 Pumpkintown Road Marietta, GA 29661 Raxon Fabrics 2289 Ross Mill Rd. Henderson, NC 27536 Sunbury Textile Mill 1200 M1ller Street Sunbury, PA17801 Valdese Weavers Main 1000 Perkins Rd. Valdese, NC 28690 Valdese Weavers Crescent 280 Crescent St. Valdese, NC 28690 Valdese Weavers Lovelady 705 Lovelady Rd. Valdese, NC28690 Valdese Weavers - Circa 1-801 One Jacquard Dr. Connelly Springs, NC 286-1:2 Vietor Textiles 941 Grinnell Street " Fall River, MA 02721 Wearbest SiI-Tex Mills Ltd. 325 Midland Avenue Garfield, NJ 07026- The corp~.tate headquarters of the member companies of the NTA Upholstery Fabrics Committee} are: American Silk Mills 41 Madison Avenue New Y-ock, NY 10010 Raxon Fabrics 2289-Ross MiD Rd. Henderson, NC 27536 Cotton Incorporated 6399Westm Pkwy Cary, NC 27513 Sunbury Textile Mills, Inc. 1206 Miller Street Sunbury, P.A. 17801 David Rothschild Com3)any, Ine, 512 12th Street Valdese Weavers, Inc. 1-000Perkins Road Southeast 3 Two companies.Cotton Incorporated and Microfibres, Inc. are members of the NTAUpholstery Fabrics Committee and participate in the upholstery fabric industry sector but are not weavers.of broadwoven upholstery fabrics and are,therefore, omitted from the list of domestic U.S. facilities where upholster fabrics are woven. ," - 11 - PO Box 2002 Columbus, GA 31902 Milliken and Company 920 Milliken Rd. Spartanburg, SC 29304 (b) Valdese, NC 28690 Victor 941 Grinnell Street Fall River, M.A. 02721 Wearbest Sil-tex Mills, Ltd. 325 Midland Avenue Garfield, N.J. 07026 Percentage of domestic production of the like or directory competitive domestic like product accountedfor by petitioners. Information concerning domestic production of upholstery fabric on a plant-by-plant basis in not reasonably available to Petitioners. However, based on their personal knowledge of the industry, Petitioners believe that, collectively, they represent well-in excess of half of all domestic production. - 12- (c) Names and address of all otherproducers of the domestic likeproduct Abercombie Textiles, LLC. P.O. Box 1140 Middlebury, IN 46540 J.B. Martin Company, Inc. 10 East 53rd Street #3100 New York, NY 10022 Absecon Mills Vienna & Aloe P.O. Box 672 Cologne, NJ 08213 Johnston Textiles, Inc. 300 Colin Parkway Phoenix City, AL 36869 Keystone Weaving Mills, Inc. 1349 Cumberland Street Lebanon, PA 17042 Bentex 3709 Alliance Drive Greensboro, NC 27407 Lantal Textiles, Inc. 1300 Langenthal Drive Rural Hall, NC 27045 Carpostan Industries 205 West 12thAvenue Lake-View, SC 29563. Loom Craft, Inc. 50D Guthrie Road Belton, SC 29627 Chambers Fabrics 1914 South Elm Street High Point, NC 27260 Marlatex Corporation 408 Brook Street Belmont, NC 28012 Cone Jacquards (owned by-Abercrombie Textiles) 3400 Highway 22I-A Cliffside, NC 28024 MTL {Material Technology & Logistics) 1325 Sen. Robert Mellow Drive Jessup, PA 18434 Dicey Mills, Inc. 430 Neisler Street Shelby, NC 28152 R&D Weavers , 376 Pinehurst Read Ellenboro, NC 2804-0 " Glen Raven Custom Fabrics, LLC. 1831 N. Park Avenue Burlington, NC 2"7217 S'Tl/Kings Plush (SpeciaIty Textiles, Inc.) 515 Marie Street Kings Mountain, NC 2-8086 Heritage Classics, LLC. 155 Westerly Hills-Drive Forest City, NC 28043 Se7en, LLC. (owned by Burlington Manufacturing Services who bought Tietex's upholstery) 5928 Hwy. -87 North Gibsonville, NC 27249 Jacquards, Inc. 1690 West English Road High Point, NC 27262 - 13 - Tahoe 404 Elm Road Blacksburg, SC 29702 Weavetec, Inc. 216 Wilbur Street Blacksburg, SC 29702 True Textiles/ Guilford of Maine 5300 Corporate Grove Drive Southeast, Suite 250 Grand Rapids, MI 49512 IV. Wyoming Weavers 315 Simpson Street Swoyersville, PA 18704 Import data for at least each of the most recent five full years {19' C.F.R. § 206.44( d) U.S. imports of fabrics from China4 support Petitioners contenti-on that there has been a surge in imports from China. (a) Broadwovenflat upholsteryfabric other thlln micro denier suede' These are broadwoven fabrics of chief weight of cotton or man-made fiber; of weight equal to or exceeding 200 glm2. For data see Appendix A: U.S. imports of Chinese-origin broadwoven fabric including upholstery fabric (2006-201 O).in square meter equivalents. ("SMB") and Appendix B: UrS. imports of Chinese-origin broadwoven fabric including upholstery fabric ,(2006-2010) in dollars. (b)' Chen1l1efobrics. These fabrics, which are chenille fabrics other than of wool, may be-classified in any-Of the follow 10-digit statistical tariff classifications: 5801.21.000H 580 1.2l:iA)010 5801.35.0010 5801.24.0000 5801.26.0020 5801.35.0020 5801.25.0010 5801.31.0000 5801.36.{)OtO=c 5-801.25.0020 5801-.34:0000 580L36.0020 The domestic U.S. UFM industry produces chenille fabrics and these import compete directly against American products. In 2001 the U.S. imported 2.4 million 5MB of these chenille 4 All import statistics are from United States International Trade Commission Dataweb. - 14- fabrics. In 2002, China's first full year as a World Trade Organization ("WTO") member, that number grew to 4.3 million SME and further surged to 17.3 million SME in 2005, for a five-year growth rate of 631 percent. Table 1. U.S. imports of chenille fabric, other than of wool, from China (2001-2005) . square me ter eaui Ients. m er equrva HTSUS 5801.36.0010 5801.36.0020 5801.31.0000 5801.35.0020 5801.34.0000 5801.35.0010 5801.24.0000 5801.26.0020 5801.25.0020 5801.26.0010 5801.25.0010 5801.21.0000 Total 2001 599,331 655,884 8,434 408,203 3,371 137,137 0 3,640 258,010 7,577 282,962 84 2,364,633 2002 1,333,369 1,526,400 24,821 557,025 12,581 104,081 11,200 51,747 350,797 .8,709 311,842 0 4,292,572 2003 1,527,615 773,512 2,405 368,680 0 30,671 0 18,619 241,855 12,673 125,534 0 3,101,564 2004 1,509,175 1,503,167 81,529 313,318 16,265 18,049 3,150 40,030 117,110 32,966 38,653 212 3,673,624 2005 10,454,991 5,645,465 56,504 656,612 127;073 39,725 9,162 Sl;547 83,010 117,76~ 40,005 ·1,644 17,283,566 The increasein U.S. imports of these fabrics from China as measured in dollars over the period 2001 to 2005 was 473 percent, a huge increase but less than the increase inquantity, which is consistent with China's gaining market-share by undercutting prices. - 15 - HTSUS 5801.36.0010 5801.36.0020 5801.31.0000 5801.35.0020 5801.35.0010 5801.34.0000 5801.25.0010 5801.26.0020 5801.26.0010 5801.25.0020 5801.24.0000 5801.21.0000 . Total Table 2. U.S. imports of chenille fabric, other than of wool, from China (2001-2005) in dollars. 2001 2002 2003 2004 2005 1,660,171 1,600,412 37,279 1,837,249 385,897 15,606 754,875 12,143 23,420 685,760 0 312 7,013,124 3,720,512 4,304,750 38,835 2,440,636 276,498 46,002 1;068,633 210,066 22,142 878,590 22,480 0 ,13,029,144 4,718,625 2,524,751 8,219 1,708,732 105,419 0 314,592 61,389 34,470 612,066 0 0 10,088,263 5,255,763 5,340,585 220,213 1,471,107 58,897 48,583 137,327 171,616 165,083 332,054 7,748 757 13,209,733 23,641,255 13,168,472 71,236 2,115,860 143,949 290,598 111,917 126,234 274,439 236,263 25,73-'5 6,496 40,212,454 U .S, imports of chenille fabric of Chinese origin remained relative steady for the period 2006 through 2010, but grew relative to other suppliers, from 68 percent of all V.S. 'imports in 2001>to 82perceIit in 2010. Table 3~U.s. imports· of chenille fabric, .other than of wool, from China (2006-2()lO) . • ale nts. m.square meter eqUIV HTSUS 5801.36.0010 5801.36.0020 580L3f.OOOO . 58U1.35.0020 5801.34.0000 5801.3 5.·0010 5801.24;OOOQ· 15801.26.0020 580L25.0020 5801.26.0010 5861.25.0010 5801.21;0000 T-otal 2006 21,979,144 10,218,503 439,363 551,002 857,408 30,585385 382,302 206,613 171,163 165,986 10,261 35,.{)12,715 2007 25,622,085 12,588,706 356,725 463,249 188,586 99,291 35,725 1,519,430 162,684 70~55:Y 146,039 86,859 41,339,932 2008 22,561,914 14,128,028 270,337 476,380' 142,726 74,524 62,939 1,791,212 115,3:11 181,336 51,162 0 39,.855,869 - 16- ·2009 17,765,769 12,552,303 . 224,038 382,258 tl-4,162180,807 45,566 893,649 106,498 35-,4® 28,636 13,690 32,342,7-8$ 2010 20,131,346 13,865,415 433,100 406,553 256,658 209,997 94,559 75,798 69,456 68,494 60,223 8,532 35,680,131 Table 4. U.S. imports of chenille fabric, other than of wool, from China (2006-2010) in dollars. HTSUS 2006 2007 2008 2009 2010 5801.36.0010 5801.36.0020 5801.31.0000 5801.35.0020 5801.35.0010 5801.34.0000 5801.25.0010 5801.26.0020 5801.26.0010 5801.25.0020 5801.24.0000 5801.21.0000 Total (c) 45,895,278 26,494,265 511,220 1,980,688 103,945 1,608,604 506,796 984,740 427,022 491,274 1,122 31',811 79,036,765 54,776,978 52,296,265 32,844,446 40,242,512 428,250 651,183 1,487,583 1,791,143 289,824 236,891 468,483 641,734 492,612 193,513 4,185,116 5,062,636 269,819 666,376 453,884 350,799 194,489 113,727 207,631 0 96,272,366 . 102,073,528 40,685,571 33,278,126 767,406 1,137,071 504,815 265,207 180,139 2,561,034 194,963 312,816 81,638 35,488 80,004,274 46,853,948 38,833,264 1,478,327 1,340,413 756,736 489,909 418,430 331,096 237,331 207,792 197,368 30,656 91,175,270 Coatedtextiles. u.s. imports of coated textiles including upholstery fabric fr-om China in the period 2001 through 2005 grew from 24 thousand -SME to 16.9-million· SME, a growth rate of 68,155 percent. Table 5. U.S. Imports from China of coated textiles including-upholstery fabric (2'()01-2005) inSME HTSUS 2002 2003' 2001 2004 2005 5903.90.25'()0 5963.20.2500 5903.20.10.00 5907.00.6000 5903.9(>.1000 5907.00.8090 5907.-00-.801() !Total 42 320 19511 , 4,877 0 . (J 0 24,750 58,921 49,002 -8,141 245,516 37,353 346,398 .() 745,351 1,015,935 194,059 1,048,694 ' 249,331 72,612 160,908 0 2J41,539 - 17-- 4,838,279 8,891,069 48-S,466 1,275,508 1,010,130 645,044, 14 17,148,510 10,660~21 2,777,385 322,201 '902;094 1,069,5641,161,"697 170 16,893,030 Table 6. U.S. Imports from all countries of coated textiles including upholstery fabric (2001-2005) in SME HTS 2001 2002 2003 2004 2005 5903.90.2500 5903.20.2500 5903.20.1000 5903.90.1000 5907.00.6000 5907.00.8090 5907.00.8010 Total 106,865,697 23,608,694 1,493,206 5,127,328 7,577,482 1,693,843 138 146,366,388 116,765,229 26,551,274 3,009,611 3,909,720 8,319,207 1,665,973 5,141 160,226,155 110,640,687 27,543,660 2,564,643 4,711,344 6,956,628 2,570,553 4,194 154,991,709 95,846,830 49,451,058 1,966,147 5,634,969 6,996,758 3,325,902 204 163,221,868 123,107,563 23,211,534 2,634,900 6,983,549 6,074,830 3,581,137 1,026 165,594,539 Over the same time, imports from China, in dollar value, grew 32,641 percent, half the rate of growth as measured in 8MB, again showing how China gains market share by undercutting prices. Table-7-. U.S. Imports from China of coated textiles including upholstery fabric (2001-2005) in dollars 200;4 HTS 2001 2002 2003 2005 5903.90.2500 5903.20.2500 5903.20.1000 5903.90.1000 5907.00.6000 5907.00.8090 5907.00.8010 Total , . 500 1,046 47,658 0 12,482 0- c 61,686 49,822 114,072 20,401 57,746 426,095 591,235 0 1,259,371 -1,814;fH3 337,854 84lr;825 77,458 492,172 328,141 0 3,891,263 7,003,8.s6 3,777,392 564,751 708,218 4,551,213 1,25(),294295 17,85-6,019 9,656,735 4,413,329 47T,718 -1,661,841 1,682,729 2,309,214 1,097 20,196,663 . ' Table 8. U.S~Imports from all countries of eeated textiles iDcluding upholstery fabric -(2001-200Sl in deBarS -Z001 2-002 2005HTS 20(}4 2003 5903.20~2500 5903.90.2500 5903-.90.1000 5907.00.8090 5903-.29.1000 5901.00.6000 5907.00.8010 Total 44,196,868 62,908,683 9.511,823 tr,-097 ,056 7,511,389 14,054,597 1,607 14::4,282,023 45,163,954 7T,102,701 9,458,323 5,274,698 17,496,885 15,549,033 48,292 170,0~3,886 51-,815,.651 83,733,876 11,002,650 5~699,089 9,&06,925 13,070,497 30,132 175,158,820 - 18 - 61,914,247 62,040,341 70,128,484 90,175,751 _15,177,854 15,636,467 -8,035,981 10,104,599 8,740,21l:3 12,010,949 r5,416,083 1~16~772 9;459 1,668 179,999,273 _ 201,561,631 Over the period 2006 through 2010, U.S. imports of these fabrics from China grew by 37 percent at the same time that total imports declined by 34 percent. Imports from China, as percentage of total imports doubled, from 9 percent to 20 percent. Table 9. U.S. Imports from China of coated textiles including upholstery fabric (2006-2010) in SME - 2009 HTSUS 2006 2007 2008 2010 5903.90.2500_ 5903.20.2500 5903.20.1000 5907.00.6000 5903.90.1000 5907.00.8090 5907.00.8010 Total 5,895,742 3,925,682 2,429,327 782,870 1,191,479 _ 278,858 354,926 _ 14,858,884 5,278,377 2,699,191 1,878,759 1,277,546 1,491,604 227,338 357,422 13,210,237 7,669,513 5,548,364 1,816,043 1,130,374 1,197,834 73,162 335,578 17,770,868 5,965,640 4,803,777 4,444,102 1,123,152 830,509 291,004 1,531 17,459,715 8,915,371 5,546,586 3,226,614 1,245,880 911,264 511,289 1,163 20,358,167 Table 10. U.S. Imports from aU countries of coated textiles including upholstery fabric (2006-2010) in SME HTS 2006 2007 2008 2009 2010 5903~90.2500 5903.29.2500 5903.20.100:0 5903.90.1000 5907.00.6000 5907.00.8090 5907.00.8010 Total .. 109,589,711 29,859,722 - 3,911,655 4,636,195 5,194,068 3,783,761 378,359 157,353,471 127,806,127 31,298,651 3,747,310 4,255,287 3,819,822 3,275,449 359;991 174,622,637 53,033,5-83 31,742,9'()6 2,912,493 3,949,728 2,757,360 2,172,984 337,333 97,506,387 59,192,658 22,623,580 4,977,602 2,647,100 2,483,009 2~124;731 4,165 94,052,845 59;847,353 31,643,611 3,7~0I5 3,620,000 2~630,748 2,188,240 3,15-2 103,676,119 Table 11. U;S. Imports from-<;hina of coated textiles including-u.pholstery fabric - (2001.-2005) in dollars 2-0-10 HTSUS 2f)J)8 2006 2007 2009 5903.90.2500 590-1.2tl.2500 5903.20.11100 5903.90.1000 5907 .00.6000~ 5907.00.8090 5907.00;8010 Total 7,539,3-86 7,668,792 3,635,183 1,673,385 1,217,859 3.60,799 543,690 22,639-,094 6,025,9533,933,443 2,967,936 2,201,H-$ 2,054,030 585,257 622,302 18,390~O36 7,858,672 8,5t3,154 2,623,058 2,2'73,551 1,921,624 176,528 553,647 23,920,234- - 19- 6,674,143 8,911;025 3,24Q,549 2,107,311-1 2,077,73-8 505,209 1,631 23,~17,636 11,273,418 10-,279-,9.66 3,503,979 2,811,929 1,858,808 1,121,390 4,729 30,854,219 Table 12. U.S. Imports from all countries of coated textiles including upholstery fabric . (2001-2005) in dollars HTSUS 2006 2007 2008 2009 2010 5903.20.2500 5903.90.2500 5903.90.1 000 5907.00.8090 5903.20.1000 5907.00.6000 5907.00.8010 Total (d) 73,864,703 88,527,608 12,907,001 9,194,222 13,852,316 9,677,226 624,081 208,647,157 94,171,170 88,625,978 12,715,372 9,675,242 12,945,755 9,099,309 666,423 227,899,249 107,301,804 71,519,537 54,991,393 48,333,330 11,357,763 8.280,121 8,642,023 5,774,565 9,764,400 6,085,576 7,816,929 7,578,730 583,809 . 24,517 200,458,121 147,596,376 103,143,943 61,502,803 13,515,568 6,606,592 6,552,947 5,432,702 58,636 196,813,191 Micro denier suede upholsteryfabrics Micro denier suede upholstery fabric of Chinese origin, including micro denier suede upholstery fabric entering the U.S. duty free via foreign trade zone ("FTZ") operations in Mississippi and North Carolina, directly compete with upholstery fabrics produced by Petitioners The 8-digit U.S. tariff lines which include MDS fabrics are: 5407.92.20 woven fabrics of synthetic filament yarn not elsewhere specified or indicated (''NESOI''), dyed, NESOI, 5407.93.20 woven fabrics of synthetic filament yam NESOI, of yams of different colors; NESOI, 5512.19.00woven fabrics containing 85% or more by weight of polyester staple fibers, other than unbleached or bleached, 5515-.12.00 woven fabrics of polyester staple fibers, mixed mainly or solely with manmade filaments, NESOI, 5516:23.0-0 woven fabrics of artificial staple fibers, < 85% by wt of such fibers, mixed mainly/solely w/man-made filaments, of different colored yams, 5903.20.25 textile fabrics of man-made fibers, impregnated, coated, covered-or laminated.with polyurethane, nfo 70% by weight rubber or plastics, 5906.99.10 rubberized textile fabrics not knitted or crocheted, of cotton, other than fabrics-Of heading 5902, 6001.22.00 knitted QI crocheted looped pile fabrics of man-made fibers, 6001.10.20 knitted-or-crocheted "long pile" fabrics ofman-made fibers, 6001.92.00 knitted or crocheted pile.fabrics (other than "long pile" or looped pile) of man-made fibers, 6005.32.00 dyed warp knit fabrics (including those made on galloon knitting machines) of synthetic fibers, other than-those of headings 6001 to 6004, 6005.34~"O-o printed warp knit fabrics (including those.made on galleon knitting machines)-ofsynthetic fibers, other than those of headings 6001 to 6004, and - 20- 6006.32.00 dyed knitted or crocheted fabrics of synthetic fibers, NESOI. U.S. imports of Chinese-origin fabric of the classifications that include MDS were 2.6 million kilograms in 2001 and grew to 3.9 million kilograms in 2002, the first full year that China was in the World Trade Organization. The surge continued with U.S. imports from Chinese reaching 21.8 million kilos in 2005, for a 743 percent increase over those five years. In comparison, total imports from all sources increased by 5 percent over that five-year period Table 13. U.S. Imports from China of fabric classified in ten statistical reporting numbers of the HTSY8-eontaininfl MDS (2001-2005) in kilograms HTSUS 2001 2002 2V03 2004 2005 5407.92.20 5407.93.20 5512.19.00 5515.12.0Q 5516.23.00 5903.20.25 5906.99.10 6001.22.0Q 6001.10.20 6001.92.00 Total 240,416 115,723 164,285 211,186 106,450 123 796,221 -62,912 264,168 625,264 2,586,748 130,083 390,331 244,514 326,820 224,648 20,943 2JJ60,]22 73:J25 175,288 212,699 3,858,573 126,101 1,170,992 287,010 693,986 359,90J 72,759 2,300;696 32,533 -188,329 224;370 - 5,456,083 - 21 - 226,607 2,159,099 354,077 1,313,323 395,122 569,394 2,337,949 77,358 260,344 292,632 7,985,905 802,574 3,205,983 539,60A 3,011,374 1,003,908 787,883 1,861,367 8,201,142 928,95-3 1,446,656 21,795,444 Table 14. U.S. Imports from all countries of fabric classified in ten statistical reporting numbers of the HTSUS containin2 MDS (2001-2005) in kiloauams HTSUS 2001 2002 2003 2004 2005 5407.92.20 5407.93.20 5512.19.00 5515.12.00 5516.23.00 5903.20.25 5906.99.10 6001.10.20 6001.22.00 6001.92.00 Total· 3,778,516 2,214,691 1,414,866 3,729,920 .2,880,973 3,941,296 1,888,987 2,665,182 16,838,577 22,143,112 61,496,120 3,210,448 . 2,615,739 1,630,267 5,035,216 3,155,552 4,267,208 2,747,176 1,500,682 19,309,472 15,168,777 58,640,537 3,008,290 3,655,377 2,119,275 5,500,430 2,721,623 4,741,498 2,956,999 1,205,079 20,371,419 11,991,259 58,271,249 2,283,080 5,176,567 2,064,643 6,793,939 3,192,525 6,254,369 3,284,128 1,204,403 20,566,226 7,590,710 58,410,590 2,127,428 5,888,781 2,001,224 8,714,445 2,703,189 5,892,107 2,495,242 2,434,832 25,375,656 6,947;853 64,580,757 The statistics for China and the world over the same period in dollars show a similar trend. Table 15. U.S. Imports from China of fabric classifiedm ten statistical reporting numbers of the HTSUS containin2 MDS (2001-2005) in dollars HTSUS 2001 2002 2()03 2004 2005 5407.92.20 5407.93.20 5512.19.ee 5515.12.00 5516.23.00. 5903.20.25 5906.99.10 6001.10.20 6001.22.00 66UT.92.00 6005.32.00 6005.34.00 6006.32.00 Total , 1,026,697 685,303 876;536 1,331,854 452,622 1,046 3-,575,681 1,587,603 232,236 2,204,465 0 01 -0 11,974,043 586,140 2,468,7~ 1,231,102 2,208,220 1,264,832 114,072 9,853,016 956,571 286,219 -1,142,536 2,869,115 465,403 2,343,070 25,849,004 919,809 7,561,083 1,647,434 4,854,107 1,951,833 337,854 10,906,937 I,T37,8-S4 175,164 1,214,391 3,40-7,715 961,937 3,nO,349 38,186,487 - 22- 1,617,893 15,686,024 2,067,580 9,137,887 2,100,48'7 3,777,392 10,004,443 1,558;896 435,260 1,003,060 5,886,285 1,2~;326· 3,644,400 58,148,939 4,141,723 17,964,181 2,704,633 .17,903,559 5,462,809 4,413,329 8,449,345 4,834,305 36,719,347 5,61·8,077 W,508,160 3,011,039 13,132,097 134,922,6-10 Table 16. U.S. Imports from all countries of fabric classified in ten statistical reporting numbers of the HTSUS containin2 MDS l2001-2005) in dollars HTSUS 2001 2002 2003 2004 2005 5407.92.20 5407.93.20 5512.19.00 5515.12.00 5516.23.00 5903.20.25 5906.99.10 6001.10.20 6001.22.00 6001.92.00 6005.32.00 6005.34.00 6006.32.00 Total 26,339,081 21,036,684 17,224,870 29,505,403 23,522,317 44,196,868 11,513,303 14,490,531 66,363,387 105,741,422 0 0 0 359,933,866 22,426,077 22,656,970 20,492,508 37,625,015 23,071,083 45,163,954 15,556,584 9,743,010 81,372,935 80,216,763 57,187,177 11,042,354 143,765,417 570,319,847 21,552,118 31,171,759 22,769,364 43,499,633 22,528,406 51,815,651 16,585,966 8,887,881 86,366,894 57,121,967 5<t,552,002 9,927,600 112,646,077 539,425,318 19,418,071 41,266,321 23,657,082 54,361,317 24,478,602 62,040,341 16,577,935 10,834,698 88,087,352 38,032,939 73,759,998 8,883,783 133,832,007 595,230,446· 16,926,445 42,420,270 22,536,590 63,731,697 22,643,720 61,914,247 12,816,454 16,735,598 119,641,304 37,642,196 73,688~870 11,379,785 179,654,765 681,731,941 Over the-period 2006 through 2010, U.S. imports of these fabrics from China increased 7 percent, while imports from all sources Were down by 20 percent, with the result that China grew from accounting for 45 percent of all imports in 2006 to 6I percent of all imports in 20TO. Table 17. U.S. ImportslroDLChina of fabric classified in ten statistical reporting nmabers of the HTSUSc~ntaininI!:MDS f~006-2010} in SME .. HTSU.S: 2007 . 20082006 20()9 2010 5407.92.20 5407.9?20 5512.19.00 5515.12.00 5516.23.00 5903.20.25 5906;99.10 6001.10.20 6001.22.00 6001.92.00 T..otal 1,519,034 2,748,770 1,053,930 5,113,374 2,622,567 1,On,479 2,428,911 486,775 6,254,430 4,421,s-I5 27,682,585 .1,007,325 2,677,706 1,190,654 5,122,684 2,305,927 761,769 1,816,648 538,967 &,902,339 ~12,619 30,236,638 - 23 - 502,482 2,827,604 1,327,248 4,739,164 2,008,693 1,667,4821,155,595 461,745 10,922,583 6,8-'74,140 32,486,736 672,858 2,882,643 896,0:35 3,463,504 1,038,945 1,271,309 6-10;982604,305 9,39t,348 6,767,314 27,599,243 699,158 2,616,893 1,009,156 3,269,545 1,238,6~<4 1,443,533 433..,139 696,775 10,422,588 7,762,281. 29,592,292 Table 18. HTSUS 5407.92.20 5407.93.20 5512.19.00 5515.12.00 5516.23.00 5903.20.25 5906.99.10 6001.10.20 6001.22.00 6001.92.00 Total u.s. Imports from all countries of fabric classified in ten statistical reporting numbers of the HTSUS containin~ MDS (2006-2010) in SME 2006 2007 2008 2009 2010 2,607,206 5,664,726 3,462,227 8,963,233 3,649,271 7,019,531 3,354,283 1,124,347 17,703,213 7,578,260 61,126,297 2,293,377 5,641,443 3,139,884 7,917,902 3,121,239 7,948,391 2,851,102 1,081,620 19,931,201 8,148,435 62,074,594 1,657,212 4,993,089 2,862,327 6,805,172 2,780,462 9,253,110 1,792,133 925,564 17,780,565 8,536,801 57,386,435 1,467,717 4,355,849 1,615,975 4,642,183 1,381,647 6,016,467 794,157 1,097,459 14,624,953 8,157,522 44,153,929 1,371,376 4,140,712 1,718,178 4,858,974 1,626,869 8,508,431 908,829 1,241,275 15,116,330 9,152,799 48,643,773 Table"19. U.S. Imports from"China of fabric classified in ten statistical reporting numbers of the HTSUS containin2 MDS (2006-2010) in d-oDars HTSUS 2006 2007 2008 "2010 2009 5407.92.20 5407.93.20 5512.19.00 "5515.12.00 5516.23.00 5903.20.25 59-06.99.10 6001.10.20 6001.22.00 6001.92~00 6005.32.0.0 6005.34_00 6006.32..00 Total 7,057,490 ""12,809,678 5,I-64,836 14,596,045 7,166,284 30,697,202 14,621,657 3,933,443 5,769;695 30,562,862 14,986,041 7,668,792 "11,645,695 8,401,265 2,583,002 2,958,333 24,506,443 34,442,099 i7,062,832 27,793,506 4,232.,.837 4,886,007 7,690,492 .' 6,274,236 " 4,519,906 4,709,.703 164,931,450 " 151,748,9~5 3,121,492 15,611,530 7,484,806 30,307,337 13,537,437 8,513,154 5,647,964 2,791,530 " 39,192,534 25,967,425 3,353,684 4,948,434 0,441,331 166,918,.658 - 24- 3,049,169 "15,569;207 5,074,075 19,617,616 7,391,026 8,911,025 3,08~431 2,910,577 33,552,627 24,424,898 7,862,788 4,359,947 25,142,296 160,947,688 4,~22,450 14,326,068 5,453,058 19,263,712 9,{)57,564 10,279,966 2;325,815 3,93~82 38,192,818 28,419,902 11~97,912 . "6,106,521 39,028,499 193,007,26'7 Table 20. U.S. Imports from all countries of fabric classified in ten statistical reporting numbers of the HTSUS containin2 MDS (2006-2010) in dollars HTSUS 2007 2006 2008 2009 2010 5407.92.20 5407.93.20 5512.19.00 5515.12.00 5516.23.00 5903.20.25 5906.99.10 6001.10.20 6001.22.00 6001.92.00 6005.32.00 6005.34.00 6006.32.00 Total (e) 18,713,163 40,767,118 28,185,087 62,358,198 28,533,097 73,864,703 16,802,078 7,822,530 87,206,362 36,873,179 61,657,778 13,624,963 160,004,253 636,412,509 17,760,448 44,025,303 31,275,766 56,960,917 26,571,206 94,171,170 16,706,411 6,064,468 102,429,660 43,265,103 51,521,212 11,987,492 116,402,300 619,141,456 14,253,532 43,784,511 28,805,546 53,598,757 23,448,403 107,301,804 11,597,712 5,522,052 85,170,687 38,292,006 45,054,160 10,454,895 83,516,822 550,800,8-87 9,753,954 31,470,326 17,734,382 32,847,479 12,480,319 71,519,537 5,100,893 . 6,412,919 70,348,788 33,341,347 46,767,886 9,015,624 81,333,574 428,127,028 9,962,751 33,916,853 17,852,575 35,725,556 15,769,135 103,143,943 6,822,825 8,304,643 71,718,124 37,947,243 60,030,548 10,091,356 95,866,835 S07,152,387 Cut-pieces offabric entered tIS fumiture parts A serious threat to the vitality of the domestic UTM industry in recent years has been theemergence of imported "cut-and-sew" kits. These kits ar-epurchased as fully cut-and-sewn pieces of upholstery fabric, The kit is shipped across the Pacific Ocean and stuffed with foam, and attached to the wood sofa frame or zipped closed by workers in America. Cat-and-sew kits directly compete with the products of the domestic UTM industry because they contain imported fabric exclusively, Importing cut-and-sew kits circumvents U.S. tariffs on upholstery fabric in roll form as the ki-ts-enter the U.S. duty-free. Cut-and-sew kits are an increasingly commonplace manufacturing technique with serious negative affects for the-domestic UTM industry. - 25- Cut-and-sew kits (other than of a kind used for motor vehicles) entered the U.S. under three 10-digit statistical reporting numbers in the HTSUS during the period 2001 through 20105: 9401.90.5020 9403.90.6000 9403.90.8050 (textile material cut to shape for other seats); (textile material (other than cotton) cut to shape for other furniture); and (cotton material cut to shape for other furniture). In2001 U.S. imports of upholstery cut-and-sew kits of Chinese origin totaled $2.4 million" and were 3 percent of all U.S. imports of kits. In 2002, China's first full year as a WTO member, that number grow to $40 million of imports of kits of Chinese origin, accountirig for 46 'percent of all imports of such kits. Imports of kits of Chinese origin continued to surge to $333.6 million in 2005 for a five-year growth rate of 13,582 percent. 5 As noted above in section 2, on. January 1, 2011 the statistical reporting numbers for furnitur-e-parts were changed; the-currently, .such imports are classified as follows: .Parts of seats (other than of a kind.used for motor vehicles) are classified at 10-digit statistical reperting number of the H'TSUS: 94Q1.90 .5021 . Part of seats (other than of a kind used for motor vehicles, of textile materials, cut to shape ..In the case parts of furniture other than seats( other than of a kind used for motor vehicles) there are four statistical breakouts for textile parts: ~403 .90.6005 Parts of furniture (other than seats) other than of a kind used for motor vehicles, -oftextile material, except cotton, for toddler beds, cribs, bassinets and cradles, 9403.90,6010 Parts of furniture (other than seats) other-than of a kind used for motor vehicles, oftextile material, exeept cotton, for play yards and other enclosures for confining children, 9403.90.60&0 Parts of fumiturejother than seats) otherthan ofa kind used for motor vehicles, of-textile material, except cotton, other, and 9403.90.8051 Parts offumiture (other than seats) otherthan ofa kind used for motor vehicles, of cotton, cut to shape (excluding toddler beds, cribs, bassinets and cradles, play yards and other enclosures-for confining children). Imports of goods of headings 9401.90 and 9403.90 are available in dollar value only; there is no unit of quantity for these classifications. 6 - 26- Table 21. U.S. imports of cut-and-sew kits from China and from all sources (2011 2005) in dollars a 2001 China Total 2002 $2,438,501 $30,650,442 2003 $39,989,200 $87,101,333 2004 $121,589,679 $185,164,280 2005 $217,719,311 $267,872,813 $333,647,625 $396,105,894 The surge in imports of Chinese-origin kits continued and peaked in 2006 at $349 million. Imports stayed on a "plateau" during the economic recession that spanned late 2007 through early 2009. Imports of Chinese-origin kits are back on the rise, reaching a new peak of $373 million in 2010. Table 22. U.S. imports of cut-and-sew kits from China and from all Sources (2006-2010) in dollars 2006 China Total 2007 $349,100,68C $421,071,381 2008 $345~081,376 $420,752,217 2009 $332,&90,561 $37&,043,288 2010 $337,999,944 $377,234,0361 $373,459,353 $463,672,361 As the chart below shows, even accounting for the drop in demand during the recession of the late 2000s, imports of Chinese-origin cut-and-sew kits have been, and continue to be, on an overall upward trend. Chart 1. U.s.. imports of cut-and-sewkits (2001-2010) in dollars .500,000,009 45El,OOO,OOO 400,000,-000 350,000,000 300,000,000 -+-China 250,000,000 _Total 200,000,000 150,000,000 too,OOO,OOO 2001 2002 2003 2004 2005 2006 - 27- 2007 2008 2009 2010 v. Domestic production data for at least each of the most recent five full years (19 C.F.R. § 206.44(e» Six companies provided data relating to production in our Upholstery Fabrics Committee Survey. Their responses show that our member companies have been among the survivors in the face of a surge of imports from China. Table 23. NTA UFe Survey report of annual production in square yards (2006-2010) Year 2006 2007 2008 2009 2010 ProducttonSMli 24,555,9-52 28,.423,801 26,113;799 18,422,281 22,197,91,& % Change from prior year -12% 15.8% -8.1% -29.5% 20.5% - ..:.J However, these data fail to tell the whole story of decline in the domestic. UTM industry. As we shall demonstrate below, the real story is the closures in the mid to late 2000s of the largest-domestic UTM company. Many millions of yards of productive capacity went off-line, but the remaining domestic companies did not pick up a significant.portion of it-it went to China. VI. Data sho'wing nyury andfor threat of injury~(19 C.F.R. §206~44(f) (a) Ttllingof production facilities and underutilized capacity The demise of the industry leaders During-the 1990s, some of the upholstery textile manufacturers combined into larger companies in order to capitalize on economies ofscale. In reference to the year 2001, one industry executive said, of-three companies that no longer exist as domestic upholstery fab~c - 28- manufacturers: "Culp, Quaker and Joan accounted for two-thirds of the residential upholstery textile market." In 2000, the top five domestic upholstery fabric producers had estimated combined sales of over $2 billion.7 By the end of 200 1, that number dropped to $1.8 billion in sales. By 2002, the top five UTM's sales dropped to $1.4 billion. In two years, sales for the top five dropped 30 percent. By 2002, the combined sales of the top eleven UTMs barely equaled the aggregate sales of the top five just two years earlier. In a 2003-Furtriture Today article "U.S. Fabric Producers Still.Standing Despite Import Wave" released-a list of the top 11 American UTMs by sales. 8 Displayed below is the list: Company 1. Joan Fabrics 7. Culp, Inc. 3. Quaker Fabric 4. Microfibres 5. TietexInteriors 6. Blumenthal 7. Hoffman 8. Valdese Weavers 9. Sunbury Textile Mills 10. Weave 11. Craftex Mills Sales 2001 (in millions) ,$620 $369 $308 $238 uriknown $110 $115 $73 $47 $45 $40 " Sales 2002(inmillions) $500 $357 $350, $235 $120 $105 $105 $'79 $45 $40 '$39 7 http://www.fum.ituretoday.comlarticle/16607-2001 a brutal year for textiles.php?intref=sr Furniture Today "2001-]\ Brutal Year for Textiles" Andrews, Susan-M. May 19,2002 (also.available as Appendix C to this petition) 8 http://www.fum.ituretoday.comlarticle/22605U S fabric producers still standing despite import wave.php?intref=RelatedArticfes 20GJ Andrews, Susan M.{also available as Appendix.D to this petition) - 29- Furniture T-OdayJune 2, The 2011 status of the companies listed above on page 29: 1. Joan Fabrics- Joan Fabrics (not to be confused with Jo-Ann Fabric & Craft Stores). In 2000, Joan had $700 million in sales. By 2006, Joan estimated sales had dwindled to $124 million. On April 11, 2007 Joan Fabrics filed for bankruptcy and liquidated. On July 23,2007 Joari's two smallest divisions (contract and high-end) were sold to Valdese Weavers," 2. Culp- In 2000,Culp had fourteen plants in the U.S. In 2003 Culp began moving manufacturing operations to China. As of 2007, Culp had closed all but one upholstery plant in Anderson, S.C.lO In its 2910 annual report, Culp reported $91 million-:in sales of upholstery fabric. Of that total, $14.6 million or 16% was domestically produced. The petitioners presume the majority of the $14.6 million is tufted or woven velvet which is outside the parameters of this petition. 3. Quaker- In July, 2007 Quaker Fabri-c-Corporation closed. It was a publicly traded company. Quaker's 2006 sales had dropped to $151 million; in 2002 it was $350-million. Canadian UTM Victor Innovatex, Inc. purchased a fraction Quaker's manufacturing facilities and Quaker's intellectual property. 4... Microfibres- Continues to produce flocked upholstery fabric which is outside of the parameters of this petition. 5. Tietex- Purchased Burlington Industriesupholstery segment in June 2002 after Burlington Industries declared Chapter 11 in November 2001. Tietex has since-sold- its 9 http://www.fumituretoday.comfarticle/42021Valdese __closes -purchase _ofjoan _s _Circa _180 1_Doblin _Home _MastercrafLphp Furniture Today-staff. Furniture TodayJuly 2T, 2007 10 Consumer Praduct Safety Commission Standard for the-FlammabilitvofResidential Uph:olstered Furniture; Proposed Rule "Products and-Industries Potentially-Affected" pg. 11712, Tuesday March 4, 2008. Federal Register Volume 73, No. 43 (also available as-Appendix E to this-petition} - 3tl- upholstery division to Burlington Manufacturing Services whose current sales are unknown to the petitioners, but is operating well under capacity. 6. Blumenthal Print Works- The family-owned company was founded in 1924 and was in its third generation at the time of bankruptcy in November 2008. In December 2009, Blumenthal completely liquidated. 7. Hoffman Mills- Completely liquidated in 2005. In the local paper, the operations director of Hoffman cited Chinese competition as the cause of the bankruptcy. 11 8. Valdese Weavers- Valdese is currently healthy and a member of the National Textile Association. In Spring 2008, Fabrics & Furnishings Intemational listed Valdese as having -sales over $150 million dollars. 12 9. Sunbury Textile Mills- Sunbury is currently healthy and a member ofthe National Textile Association. 10. Weave- In November 2009, it was announced that Weave Corporation had closed and its creditors had seized the family-owned company's assets. The Weave plant has since reopened on a smaller scale by-the owner of American Silk Mills. 11. Craftex Mills- In 2009, Craftexelosed. Canadian owned Victor Innovatex, Inc. purchased 'the int-ellectual property only. As-can be seen, most ufthe large UTMs at the beginning of the decade are no longer in operation today because of Chinese imports. The UTMs that did survive were typically niche orientated mills, 11 http://www.freerepublic.comJfocus/fr/B02993/pes-ts Jobs Lost)",December 16,2004. Green; Willie 12 The Carlisle Sentinel (EA), "Hoffinan Mills to Close (335 Fabrics & Furnishings Intemational"V 01. 18, No.2. Spring 2008. "The Wodd Mills Top 50" - 31 - The Commission's regulations require Petitioners to provide information on material injury, including "data on production, capacity, capacity utilization, shipments, net sales, profits, employment, productivity, inventories, and expenditures on capital and research and development, indicating: (i) An idling of production facilities in the industry, including data indicating plant closings or the underutilization of capacity; (ii) The inability of a number of firms to carry out domestic production operations at a reasonable level of profit; and (iii) Unemployment or underemployment within the industry." .On March 4, 2008 the United States Consumer Product Safety Commission ("CPSC") . .' : : published (73 FR 11701) Standard for the Flammability of Residential Upholstered Furniture; Proposed R-ule,13 which included, as part of the rule-making process, a survey of Products and Industries Potentially Affected. According to-CPSC:· . "The U.S. Census Bureau reported that U.S. upholstery fabric production iri.2004 was 284 million square yards (which is the-equivalent of 189 million . linear yards)." and "This production was 43 percent lower than 2002's reported production of 499 million square yards (332million linear-yards) of upholstery fabric." and 13 See Appendix.E to this petition. - 32- "The number of looms in operation for the production of these fabrics totaled 2,610 at the end of2004, down 20 percent from 3,098 looms at the end of 2002." One American UTM executive believes "The American upholstery textile manufacturers are currently operating between 60-70% percent capacity (assuming a five day work schedule). There are plenty of looms standing, and we would all love to hire more people and increase production if there was more demand for our products." During the 1990s, it was not uncommon for UTMs to have permanent weekend shifts, and run seven days. In our survey of six companies, four provided enough information to calculate capacity utilization, the resultwas: Table 24. NTA UFe survey: capacity utilization rates .. In In In In In 8-0% 79% 61% 44% 48% 2006 2007 2008 2009 2010 NOTE In the table above full capacity was defined as .facilities running at 3 shifts for S days a weekfOr-SO weekin the year. In;ihort, the industry has experienced idling of capacity and underutilizedcapacity during the period of investigation. As discussed in more detail below.zbese plant closings have occurred at the same time that imports from China have been increasing. - 33 - (b) Inability offirms to carry out domestic production operations at a reasonable level of profit Closings and off shoring amongst of the major UTMs demonstrates without a doubt an inability of firms to carry out domestic production operations at a reasonable level of profit. Four out of six companies reported sales and profits on our Upholstery Fabric Manufacturers Survey and show income as percentage of sales declining from 10.97% in 2006 to 10.59% in 2007, and plummeting to 5.99% in 2008 and 0.26% in 2009. There was some recovery in 2010 with income as a percentage of sales being 4.16% According the CPSC report (cited above) "In addition to declining sales for the leading U.S. upholstery fabric manufacturers, the difficult state of the industry is evidenced by recent bankruptcies of firms, that were once industry leaders, such as Joan Fabrics. (previously the number one upholstery manufacturer) and Quaker Fabric (previously the number three firm). Both of these firms ceased operations and their production facilities were liquidated in 2007.,,14 (C) Inf017lUltiOnconcerning unemployment or underemployment ..With the closing of the many large UTMs, the employment numbers in the industry decreased dramatically as well. For2004 to 2006 the projected domestic textile and apparel sector job loss was 630,000.15 The Southeast has been the hardest hit. From the closings of the top firms in the industry, very few jobs were salvaged. 14 Ibid., p. 11711 IS http~//cdnet.stpi.org.tw/techroomlreportladvmatlchina Trade, The American Textile Manufacturers Institute. textile.pdfThe - 34- China Threat to World Textile and APParel In 2000, Quaker was the largest manufacturer and the largest private sector employer in Fall River, MA. The 2000 Quaker Fabric Corporation Annual Report stated that the company employed 2,363 people." In the Culp, Inc. 2000 Annual Report, it was reported that the company employed 3,800 people. 17 In that same report, Culp listed sixteen manufacturing facilities, 15 in the United States and one in Canada. Using sales per an employee for Culp and Quaker, it can be extrapolated that Joan Fabrics, a privately held company, employed roughly 6,000 employees in 2000.18 The vast majority of these jobs are gone today. In addition to the dramatic closings of large UTMs, the smaller mills have shed employees in the past decade as domestic demand for American upholstery fabrics has shrunk. Therehas also been a shift from full-time permanent employees with fringe benefits to the use of temporary workers as companies respond to the uncertainties of the market. While in 2001 'Only one percent of workers at the sixco.mpanie's in the survey were, temporary workers. But number had grown to. three percent in 2005 and 2006~and jumped again in 2007 to-six percent. While it dropped again-in 2008 to four percent and three percent in 2009, by 2010 it was back up to. six percent. Emplo.yers would prefer tehire full-time permanent employees with a commitment to. the-industry in order to. minimize retraining costs, but confronted with a flood of cheap imports from China they are forced to. conclude that the flexibility to. down-size offered by temp workers offsets.any less in productivity. Fer the workers, new six percent of all upholstery fabric workers represented by our survey, the cost of'the rise in Chinese imports is uncertainty about the future 16 2000 Quaker Fabric Corporation Annual Report, http://www.getlilings.comlo00009S0117-00-000793.html 17 Culp, Inc. 2000 Annual Report.littp:liwww.getfilings.com/o0000723603-00;.OO0013;html 18 In 2000, Culp had 3,8000 employees and $427 in sales (roughly $112,368 in sales per an employee), Quaker had 2,363 and $275 million in sales ($116,337 in sales per an employee). Assuming Joan averaged around $115,000 in sales per an employee; $700 millionJn sales would translate to (i,086 employees in 2000. - 35- of their employment and reduced, or even no, employer-provided health care insurance and other fringe benefits. (d) Inf01'1lUltionconcerning declines in sales or market share, increases in _ inventory, and/or downward trend in production, profit, wages or employment Drop of domestic prices of Chinese textile tariff categories in the 12 months following China's inclusion in the WTO by fiber: Cotton 48% decrease, Man-Made Fiber 46% decrease, Mixed Fibers 57% decrease, Vegetable Fibers 29% decrease. 19 These decreased prices caused a plummet in U.S. UTM's sales as Chinese UTMs rapidly increased its market share. As a response to the surge of Chinese imports, some UTMs have moved their upholstery fabric manufacturing operations to China. Culp and Richloom are two.high profile examples specifically mentioned in the CPSC survey: "Much of the foreign production is from facilities that-are owned or operated in partnership with u.s.-textile firms. For example, Culp, Inc., reported that almost 60 percent of their sales of upholstery fabrics in their fiscal year ended April 29, 2007, consisted offabrics produced: in plants outside the U .S.,wmpared to 17 percent of sa-ies- just two years before. Culp owns and operates four upholstery plants in Shanghai, China, and markets other fabrics from third party sources whichare also located in China. The firm only has one remaining upholstery fabric plant in the U.S ..•.down from fourteen in 2000. Culp's experience in shifting production to foreign plants has also been reported b)' other U.S. upholstery fabric manufacturers. In January 2007 Richloom Fabrics Group shifted production of its Berkshire Weaving upholstery line from its South Carolina plant to a facility- in Shanghai. ,,20 19 http://cdnet.stoi.org.tw/techroomlreportfadvmatlchina_textile.pdfThe Trade, The American Textile Manufacturers Institute. 20 Ibid., p. 11712. - 36- China Threat to-World Textile andApparel Importing upholstery textile fabric into the United States is a relatively new phenomenon. A report by Keyser Ciprus, Ltd., estimated that 8 million linear yards of residential upholstery fabric were imported in 1997. That accounted for approximately 2 percent of total consumption of upholstery fabric for residential furniture production in that year.21 Quaker estimated that in 2002, 11 percent of industry-wide domestic upholstery fabric sales were imported. By 2004, Quaker's estimate had climbed to 42 percent.f One UTM executive believes that 75 percent of 2010 industry-wide residential upholstery fabric sales were imported. It is of importance that until the late 1990s, as much as 20 percent of upholstery fabric preduction by U.S. manufacturers was exported.f In just a decade, the United States upholstery fabric industry has transformed from an exporter to an industry overwhelmed by imports. (e) Informstil)n conceming extent to which firms in the industry are unabJe10 generate adequate capital to finance the modemization-of their plants and equipment Upholstery textile production is very capital intensive. Each jacquard loom can cost up to $250,000. Loom life is approximately 20 years and looms.require constant maintenance. Even a company' With stagnant growth must have sour-ces-of capital to replace old equipment and stay competitive. -Companies that are not financially healthy have difficulty borrowing money. The flood of Chinese imports has damaged the financial health of most remaining Americans UTMs. - 21 Ibid. 22 Ibid. 23 http://www .nationahextile.org/library/cpsc173 fr 1170 1.pdf CPSC survey, page 12. - 37- It is well known in the industry that European loom manufacturers have sold significantly fewer looms in the past ten years to American UTMs. This fact points strongly to the shrinkage of American upholstery textile manufacturing since Chinese goods have flooded the market. UJ Information regarding the extent to which the United States is the focal point . for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets Petitioners do not reasonably have access to resources to answer this. (g) Inf017lUltitJnregarding the Productive capacity in The People's Republic of '. China, any unused productive Cf!Pacityand any potentia/for product shifting China's command economy and vast resources allow for a seemingly limitless potential in the manufacturing of textiles. Manufacturing plants are continually built in China, and upholstery textile mills are-among them. The-Chinese textile industry is given active government sponsorship in the form of various subsidies and various degrees of ownership. China's central planners have targeted textiles as an industry capable of employing its large workforce. In addition, 'China is investing heavily in infrastructure to link the small remote towns allover their country to bigger cities and ports on the East, This gives Chinese- UTMs potential access to an even less expensive untapped labor force. The Chinese UTM industry has a massive untapped labor market and the potential to rapidly raise capital. Cheap prices drive up the demand for Chinese imports 'that cr-eates an incentive for further Chinese industry growth. Furthermore, looms are extremely versatile manufacturing.equipment. Looms in the upholstery sector can easily be.transferred to .apparel and vice versa. In China's centrally - 38- commanded economy, this attribute of looms creates the potential for rapid product shifting amongst various woven goods industries. Petitioners do not reasonably have access to quantitative data regarding China's productive capacity. VII. Information concerning cause of injury (19 C.F.R. §206.44(g) To fully comprehend the injury to the upholstery textile manufacturing industry, you have to understand the role of UTMs in the furniture supply chain. Upholstery fabric production is a fashion driven industry. The UTMs prov-ide the design and production of rolls of fabric to the furniture manufacturers. The furniture manufacturers cut-and-sew the fabric and upholster it tothe furniture. The UTMs do not sell to the individual consumer, put rather manufacturing companies. Marketing and name brand recognition is not of emphasis in the UTM industry, because UTMs do not sell direct to consumers. Design, price and quality are ultimately what determine sales to the furniture manufacturers. In conclusion, the domestic UTM's ruche in a larger supply chain means that they cannot overcome the Chinese price advantage by marketing and name recognition. "In the last decade Chinese goods have flooded the market at record rates and at uncompetitive prices. Chinese companies grabbed market share-at the-expense of American UTMs. The unprecedented shift is not just explainable-by-China's productive workforce, low wage rate and large labor supply. These advantages are true of.many third world countries. -One UIM executive said-in 20t1, "In had completely free labor, my fabrics would sell for 20010 less, but a comparable Chinese goods would still be 50% cheaper." -39- The real advantages that Chinese UTMs have are far.more systemic. The first is the wellknown practice of state subsidies. According to recent statistics, the Chinese government retains ownership of 52 percent of its textile sector.i" As such, it runs the sector at a loss, subsidizing its output in order to gain market share internationally. In 2004, the Chinese government revealed that over a third ofits textile output came from money losing state enterprises", A UTMcan obviously sell its product cheaper if it can sell at a loss. The Chinese UTM's second advantage is that the United States allows China to set the value of its own currency unilaterally and without currency market influences. In 2002 when , , China joined the WTO, it was estimated by the Manufacturer's Alliance that the yuan wa-s undervalued by 40%.26 This gives China an obvioustrade advantage. The current exchange rate is roughly 6.5 yuan/dollar. However, importers ofupholstery fabric calculate their prices based on a 7.2 yuanldollar r~te.27This is most likely because the Chinese government refunds the value added-tax (VAT) to their manufacturers for-exports. Refunding VAT for exported-products is yet-another systemic advantage for Chinese UTMs. Much of the damage to the American upholstery fabric industry was done-between 2001 and 2006, 'but no petitions for Chinese market-disruption were filed because the Bush administration had proved unwilling to approve, any in other-industries. htt;p:I/cdnet.stpi.org.tw/techroomireport/ad"mat/china Trade, The American Textile Manufacturers Institute. 24 textile.pdfThe China Threat to World Textile and Apparel htt;p:llcdnet.stpLorg.tw/techroomlreport/advrnat/china textile. pdf cited above 26htt;p:llcdnet.stpi.org.tw/techroomlreport/advrnatfchina textile.pdf cited above 2S From a June 2011 conversation between an American UTM executive and an American-citizen working for a Chinese upholstery mill. 27 - 40- vm. Relief sought and purpose thereof (19 C.F.R. §206.44(i» (a) Purpose The petitioners realize that the above issues are huge issues affecting the global economy. Furthermore, we see it as outside our scope to try and force action on Chinese subsidies and currency manipulation. However, the American upholstery textile manufacturers do need our government to use the tools at its disposal to defend the domestic industry. While the 421 sanction is a short term solution that does not fully resolve the fundamental issues at play, it could prove to be the pivotal support the domestic industry needs to rebound for the following reasons: Currently, the yuan is slowly getting stronger. It is the hope of the petitioners "thatthe yuan will be more reasonably valued versus the dollar when the relief expires. There ate still many producers of upholstery textiles with operations in the United- States. This is due to the-importance of fashionable design and delivery in the furniture industry. Theexisting UTMs are modem, efficient and well managed. Their continued viability points· to a . market that still has a need for American upholstery fabric. A 421 would increase American UTM sales and give the existing companies incentive and opportunity to expand, add more employees and invest in new machinery.' Reliefunder Sec. 421 would encourage the opening and reopening of textile operations around the country. There is a large skilled workforce that has thedesireand ability to produee upholstery fabrics. Such relief would increase.sales for the-American UTM industry and make new investmentlbusinesses viable to investors.and lenders. A successful Sec. 42-1would-also prove immensely beneficial to American yam suppliers-and fabric finishers that are critical in the supply chain. - 41 - - 42- While much of the textile industry is labor intensive, the manufacturing of rolls of upholstery fabric is highly automated and labor is a small component of the selling price. The majority of Chinese upholstery fabric is purchased by importers in America who pay freight and then mark up the price roughly 25%. The importer then sells the fabric in the U.S. market at 40-80% cheaper than an American made upholstery fabric with the exact same yarns and construction. To best determine the difference in selling price between a Chinese upholstery fabric and a comparable American upholstery fabric one should compare the price of the goods at the dock doors of theirrespective manufacturing facilities .. One American UTM executive presented the petitioners with this example.i''An American upholstery fabric may nave a manufacturing cost of $6 per a yard. The manufacturer would then mark up the fabric 25% and sell it for around $8/yard. If the exact same fabric was made in China, the manufacturing cost would be around $3.S0/yard. An importer would then buy it, pay $0. 15-$O.20/yardfor sea freight. So for the importer, the cost to get the fabric to American shores is $3.65-$3.7-0. Then the importer would mark up the fabric 25% and sell the fabric in the Americanmarket at $4.95/yard~ To level the playing field, it would take a 75% tariff on flat fabrics [non-Chenille] t-Obring $3.50 up to $6. With Chenille fabrics, the spread is even more and it would take a 125% tariff to level the.playing field." The latest trend is for the Chinese upholstery mills to hire American sales people and sell directly to the American furniture manufacturers and fabric distributors. The Chinese wills have learned the American market well over the last five to ten years and are now cutting .out the American importer to some extent. This increasing trend allows the Chinese mills to sell into the - 43 - American market at even lower prices which has the effect of making American made upholstery fabric even less competitive. If this trend continues, it will make a successful ruling on this petition even more crucial for the well being of American upholstery fabric producers. The fact that importers can mark up the Chinese upholstery fabrics 25% and still drastically undersell the American UTMs should demonstrate the extent to which Chinese UTMs have an unfair advantage and the necessity for a decisive and strong tariff on Chinese upholstery fabrics. The petitioners seek a 125% tariff on chenille upholstery fabric, and 75% on all other fabrics pertaining-to this petition, to be in effect until the expiration of Section 421 of the Trade Act of 1974. IX. Additionalinformation (a) Names and addresses of u.s. importers and Chineseproducers known to Petitioners 1:· ..2. A.G. Re111y-137 GlendowerDrive, S-alisbury, NC 28144 . AAdvantage International Fabrics- 3551 West Jackson Street, Tupelo, MS 38801 3. Adesal Jacquards- Avenida Espora 2051- BI852FZB- Bs. As. Argentina 4. Affiliated Importers, Ltd- 300~Fraley Road, High Point, NC 27263 5. Alfred Shatkin, Inc.- PO Box 453, Occidental, CA 95465 6. Algemene, USA, LLC.- 4201 West Belmont Avenue, Chicago, IL 60641 1. Alitzer & Company Decorative Textiles- 1604 English-Road, High Point, NC 27262 - 44- 8. Amalgamated Textiles, Inc.- 815 Plymouth Avenue, Montreal, QZ H4 IB2 Canada 9. American Century Home Fabrics- 5200 South Main Street, Salisbury, NC 28147 10. American Decorative Fabrics- 295 5th Avenue 8th Floor, New York, NY 10016 1L Ameritex Home- 10150 N.W. South River Drive, Medley, Florida 33178 12. Atretis Fabrics-7781 NW 73rd Court Medley, Miami, Florida 33166 13. Ava Textiles- 49 West, 38th Street Floor 9, New York, NY 10018 14. Avon Fabrics, Inc.- 484 Lincoln Boulevard, Middlesex, NJ 08846 15. .. Belagio Enterprises, Inc.- 4801 West Jefferson Boulevard, Los Angeles CA 90016 16. Belle Maison Textiles, Inc.- 89-50 127th Street; Richmond Hill. NY 11418 17. Biran Ltd.- 5730 Oakbrook Parkway, Suite 180, Norcross, GA-30093 18. Blue Moon Printworks, Inc.- 9214 Blakeney Heath Road, Charlotte, NC 28277 19. Bonavista Fabrics USA, Inc-.-4066 Mission Boulevard, Montclair, CA 91763 20. Boyteks Texstil San. Tic. A.S.--O.S.R Gri Cad-s Sok NorI, Bursa, 16150 Turkey 21: Braemore Textiles- 3 Park-Avenue, New Ynrk, NY 10016 . ..22. . Brentwood Textiles- 500 Townsend Avenue, High Point, NC 27263 23. Brimar, Inc.- 28250 BallarcdDrive, I.:ake Forest, IL 60045 24. -Broderi Narin- 270 Fire Tower Road, Camden, SC 29020 25. Bruvatex, USA- 42()1 West Belmont Avenue, Chicago, IL 60641 26. Cab-Tex:, LLC.- 323 Corban Avenue S.W., Suite 5-06,POBox 472, Concord, NC 28025 2J~ Catania Silks- 15510 Minnesota Avenue, Paramount, CA 90723 - 45- 28. Charles Martel Associates, Inc.- PO Box 1383, High Point, NC 27261 29. Claridge Textiles International- 855 Bowsprit Road, Chula Vista, CA 91914 30. Classical Elements, LLC.- 9321 Focal Point Drive, Raleigh, NC 27617 31. Conceria Kara SRL- ViaCopemico, 50, Trezzano, MI 20090 Italy 32. Covington Industries- 386 Park Avenue South 7th Floor, New York, NY 10016 33. Culp, Inc.- 1823 Eastchester Drive, High Point, NC 27265 34. De Leo Textiles- 53 Dwight Place, Fairfield, NJ 07004 35. Decoviz- 4201 West Belmont Avenue, Chicago, IL 60641 36. DeRue and Associates, Inc.- PO Box 1095, High PoInt, NC 27261 37. DiDi International- PO Box 2328, Palatine, IL60074 38. .Direct Textiles, Inc ..:.1338 West Holt Avenue, Pomona CA 91768 39. Diversitex, Inc> 376 Hollywood Avenue, Suite 203, Fairfield, NJ 07001 40. Dorell Fabrics Company- 4900 District Boulevard, Los Angeles, CA 90058 41. - Duro Decorative Fabrics- 110 Chace Street, FallRiver, MA 02724 42. E';TEX-I:,A(formerly Elyan-Enterprises, Inc.)- JQ24 Elvill Drive, Los Angeles, CA90049 .-43. Edgar Fabrics Inc.- 50 Commerce Drive, Hauppauge, NY 11788 44. Elite Textiles, Inc-- 213 East 7th Street Floor.z.Los 45. Eroica Enterprises, Ine.- 20285 N.E. 15th Ct., Miami, FL, 33-179 46. Europatex, Inc.- 301 Summit A-venue, Jersey-City, NJ 07306 41. Expo International, Inc.- 437 Turnpike Street, Canton, MA 02021 48. EZ Fabrics- 760 S-outh Cocker Street.Los Angeles, CA 90021 49. Fabrics in Fashion- 305 East 9th Street, Suite#409, Los Angeles, CA 90015 - 46- Angeles, CA 90014 50. Fabricut- 9303 East 46th Street, Tulsa, OK 74415 51. Fiore Fabrics, LLC.- 1265 15th Street Unit #12F, Fort Lee, NJ 07024 52. Gelberg Braid Company, Inc.- 243 West 39th Street, New York, NY 10018 53. Gilman Enterprises, Inc.- 25 Rockwood Place Suite 340, Englewood, NJ 07631 54. Golding Fabrics, Inc.- 7097 Mendenhall Road, Archdale, NC 27263 55. GTA (Global Textile Alliance)- 2361 Holiday Loop, Reidsville, NC 27320 56. Gum Tree Fabrics, Inc.- 4002 South Eason Boulevard, PO Box 7278, Tupelo, MS 38802 57. Hamilton Fabric Sales, Inc.- 629 Southwest Street, PO Box 990, High Point, NC 27261 58. Harry Harry Fabrics PTY LTD.- 2/31 Sunshine Beaeh Road, NoosaHeads Queensland, 4567 Australia 59. Heritage House Fabrics, LLC.- 4400 Fortune Avenue N.W., Concord, NC 28927 60. Holland & Sherry- 330 East 59th Street, Penthouse, New York,~NY 10022 6L Home Accents Fabrics-7 Crieklewood Lane, Harrison, NY 10528 62'. Home Secrets Textile- 3-95 East 9th Street, Suite 322, Los Angeles, CA.. 90TI15 ..63~ International Acetex,_Inc.- 825 Towne Avenue, Los Angeles, CA 90021 64. JLA Home Fabrics- 211 Rockingham Drive, Reidsville, NC 21320 65. -K & II Kesha Collections- PO Box 363, Elkton, MD 21922 66. Kalin Fabrics- 407JDefender -67. Kaslen Textiles- 6099 Triangle Drive, Commerce, CA 90040 68. King Textiles, LLC.- 511 Townsend A-venue, High Poin1,-N-C27263 Way, Roswell, GA 30075- - 47- 69. Knucukerler Textiles Industries- DOSAB 4. Bolge Cigdem 1 Sk. No: 12, Bursa, 16369 Turkey 70. L.A. Fred's Fabric- 411 East 9th Street, Los Angeles, CA 90015 71. Lady Fabrics Corporation- 265 Eastchester Drive, Suite 133, PNB 374, High Point, NC 27262 72. Laura & Kiran- 1425 Fourth Street, Berkeley, CA 94710 73. Libas Ltd.- 4400 South Soto Street, Vernon, CA 90058 74. Libeco- 230 5th Avenue, Suite 1300, New York, NY 10001 75. Liora Manne'- 725 Providence Road, Suite 214, Charlotte, NC 28207 76. LTM Textile Resources, LLC.- 224 Main Street, Staley, NC 27355 77. M & J Trimming Company, Inc- 1008 Avenue of the Americas, New York, NY 10018 78. Marcovaldo- 644513andini-Boulevard~ Los Angeles, CA 99040 79. MDS Fabrics- 5540 Oak Hill Terrace, Cumming, GA 30040 80. Merrimac Textile- 3 Edgewater Drive, Norwood, MA~02062 gr. Microtex, Inc.-5301 NW 161 Street, Hialeah,FL . 82. 33014 Millennium Textile, Inc.- PO-Box 40478, Memphis, TN 3-8174 83. Moore & Giles, Inc.- 1081 Tannery Row, Forest, VA 24551 84. Morgan Fabrics- 4265 Exchange Avenue, Los-Angeles, CA 90058 &5. Moygashel-204 Pomander Read, Mineola, NY 11501 86. Nipkow&-Kobe1t, Inc.- 519 8th Avenue, New York, NY 10018 87. Noveltex, Inc.- 2801 South Main Street" Los Angeles, CA9000'7 88. Number One Tex-tiles, Ltd.- 321 New Sooth Road, Hicksville, NY 11801 --48 - 89. Onyx Age Corporation- 295 Molnar Drive, Elmwood Park, NJ 07407 90. Orien Textile Corporation- 117-121 Prospect Avenue, Bayonne, NJ 07002 91. P. Kaufmann Fabrics- 3 Park Avenue, New York, NY 10016 92. Palette Fabrics, Inc.- 500 Townsend Avenue, High Point, NC 27263 93. PARA'- Viale Monza, 1, Sovico, 20050 Italy 94. Penelope USA LLC.- 4201 West Belmont Avenue, Chicago, IL 60641 95. Phoenix Trim Works, Inc.- 2211 Reach Road, Williamsport, PA 17701 96. PK Lifestyles- 3 Park Avenue, 35th Floor, New York, NY 10016 97. Plastex International, Inc.- 33 Central Avenue, Possaic, N-J-07055 98. Portfolio Textiles:" 225 Central Avenue S. Bethpage, New York, NY 11714 99-. 'Premier Prints, Inc.-:pO Box 305, 251 Warehouse Road, Shennan, MS 28"869 100, Ramtex, Inc.-771 Towne Avenue, Los Angeles, CA 90021 101. Regal Fabrics, Inc- 14 Birch Road, POBox 998-, Middleton, MA 01949· -102. Regency Interior Fabric Specialist:" J1. Industri ITNo. 20, Leuwigajah Cimahi, -- - 40535 Indonesia 103. '104. Rennie & Rose, Inc.- 43 Print Works-Drive, Adams, MA 01220 RichloomFabrics Group- 261 5th Avenue, New York, NY 10016 West 42nd Street, New York, NY 10036 105. Robert Allen Group, The-i1 100. Roma Decoration Fabric- 427 East 9thStreet, Los Angeles, CA 90015 r07. Roth & Tompkins Textiles- 22 South Smith Street, E. Norwalk, CT 06855 108. Silk Crafts, Inc- 23TWest 37th Street; 12thFloor, New York, NY 10018 109. Softline Herne Fashions- 13122 South Normandie Avenue, Gardena, CA 90249 - 49- 110. Suburban Home, Division ofDuralee Fabrics, Ltd.- 295 5th Avenue, Suite 703, th 295 5 Avenue, Suite 705, New York, NY 10016 111. Swanville Mill Creek Fabric- 15 East 26th Street, Floor 2, New York, NY 10010 112. Tempo Fabrics- PO Box 2604, 1601 Blandwood Drive, High Point, NC 27261 113. Textile Fabric Associates, LLC.- 15 East 26th Street, Floor 2, New York, NY 10010 114. Textura Home, LLC.- 10310 Hollybrook Drive, Charlotte, NC 28277 115. Texture, Inc.- 145 Michael Drive, PO Box 920, Syosset, NY 11791 116. TNT Sales- 4-75Bums Road, Spartanburg, SC 29307 ·117. Toray (Ultrasuede) America, Inc.- 461 5th Avenue, 9th Floor, New York, NY 10017 118. Trimland Janaj International- 60 East Jefryn Boulevard, Deer Park, NY 11729 119. True North Fabrics- 305 West High Avenue, Room 730, High Point, NC 27260 120.· Unidad Textil Puente- Col Puente de Vigas, Tlalnepantla, 34090 Mexico 121. Unique Quality Fabrics, Inc.- 115 Wisner Avenue, Middletown, NY 10940 122. Valiant Fabrics- 145 Cane Creek Industrial Park Road, Suite 200, Fletcher, NC 28732 123. Vilber USA, LLC.- 4201 West Belmont Avenue, Chicago, IL 60641 124. Vinayak International- 66 Sarat Bose Road, Kolkata, 700()25 India 125. Vision Fabrics- Building 95 Park 100 5111 West 76 Street, Indianapolis, IN 46268 126. Wipelli, Inc. USA-EO Box 70, 100 Burke Street, Rhodhiss, NC 28067 - 50- 127. World Linen & Textile Company, Inc.- 1250 East Washington Boulevard, Los Angeles, CA 90021 128. World Wide Fabric, Inc.- 910 South Wall Street, Los Angeles, CA 90015 129. Z-Wovens- Shuihong Temple Village, Chongxian Town, Hangzhou, 311108 China (b) Products for which the petitioner requests the Commission to seek pricing information The subject fabric is upholstery fabric which for Petitioners' purposes is: o Chenille and other broadwoven fabrics of chief weight of cotton or manmade fiber, of weight equal to or exceeding 200 glm2, exclusive of fabrics in the greige state ("bleached/unbleached" in HTSUS nomenclature), cheesecloth, corduroy, cuprammonium rayon (Bemberg), denim, gauze, necktie- fabric, printed fabric, printcloth, poplin or broadcloth, and sheeting. o Micro denier suede upholstery fabric of Chinese origin, including micro denier suede upholstery fabric entering the u.S. duty free via foreign trade zone ("FTZ") operations in Mississippi and North Carolina o Cut-and-sew fabric kits classified in chapter94 of the HTSUS as furniture parts. (cJ Customer Names And Addresses 1. Affordable Furniture Mfg. Co., Inc.- 6496 Redland-Sarepta Road, Houlka, MS 38850 2. Albany Industries, Inc.- 504 North Glenfield.Road, New Albany, MS 38652 - 51 - 3. Allen's Furniture- 695 County Road 418, Houston, MS 38851 4. American Furniture Mfg. Company, Inc.- 604 Pontotoc County Industrial, Ecru, MS 38841 5. American Leather- 4501 Mountain Creek Parkway, Dallas, TX 75236 "6. Ashley Furniture- 1 Ashley Way, Arcadia, WI 54612 7. Autrey Furniture Manufacturing-795 Georgia Highway 33 South, Moutrie, GA 31788 8. Bassett Furniture- 3525 Fairystone Park Highway, Bassett, VA 24055 9. BenchcraftlBerkline- 10. " Bernhardt Furniture Co.- 1839 Morganton Boulevard Southwest, Lenoir, NC 1 Berkline Drive, MorristownTbl 37813 28645 1L Best Chairs- 1 Best Drive, Ferdinand, IN 47532 12. Bradington-Youngjowned by Hooker]- 4040 10th Avenue Drive S.W., Hickory, NC 28602 13. Brooks Furniture Mfg.- 110 Maples Lane, Tazewell, TN 37879 14: BroyhillFumiture Industries, Inc. [owned by FBI]- 1429 College Avenue Southwest, Lenoir, NC 28645 27th Avenue, Ocala, FL 34475 15. Capris Furniture Industries- 1401Northwest 16. Carlton Manufacturing- ll Ol Southwest 37B Avenue, Ocala, FL 34474 17. Carter's Inc.- 201 East Holly Hill Road, Thomasville, NC 27360 18. Charles Schneider, Inc- 600 North 10th Street, Council Bluffs, I.A. 51503 19. Classic Furniture- 1231 CIR 515 North, Houston, MS 38851 20. Classic Rattan, Inc.- 900 John C. Watts Drive, Nicholasville, KYA0356 - 52- 21. Clayton-Marcus [owned by Rowe]- 8484 Westpark Drive, McLean, VA 22102 22. Cochrane Furniture Co., Inc.- 190 Cochrane Road, Lincolnton, NC 28092 23. Comfort Industries, Inc.- 12266 Rooks Road, Whittier, CA 90601 24. Cooleys Furniture & Upholstery- 2860 Peppertown Road, Fulton, MS 38843 25. C.R. Laine- 2829 US Highway 70 Southeast, Newton, NC 28658 26. Craftmaster [owned by Universal Furniture]- 221 Craftmaster Road, Hiddenite, NC 28636 27. Davis Furniture Industries, Inc.- 119 Industrial Drive, Houlka, MS 38850 28. Delta Furniture Mfg.- 1310 Highway 9 Smith, Pontotoc, MS 38S6-3 29. Drexel [owned by FBI]-"2220U.S. Highway 70 S.E., Hickory, NC 28602 30. D's- Furniture Mfg.- 300 North Carter Street, Okolona, MS 38860 31. Elite Leather Company- 15780 El Prado Road.Chino, CA 91708 32. England [owned by Laz-y-boy]- 402 Old Knoxville Highway, New Taz-ewell,TN 37825 33. Ethan Allen- 21 Lake Avenue Ext., Danbury, C.T. 06811 34'. Fairfield-Chair- 1331 Harper-Ave Southwest.Lenoir, NC 28645 ..35. Flat-Rock Furniture- 215 East Pullman Street, Waldron, IN 46182 36. Flexsteel Industries,!nc.- 3400 Jackson Street, Dubuque,I.A. 52001 37. Four Hands [owned byLexington Furniture]-2090 Woodward Street, Austin, TX 78-'144- 38. FriendshipUpholstery- 6035 Church Road, Taylorsville, NC 28681 39. Furniture Your Way- 415 Regal Row, Dallas, TX 75247 40. Fusion Fumiture- 141 Industrial Road, Ecru, MS 38841" - 53- 41. Genesis Furniture Industries- 380 Maggie Drive, Pontotoc, MS 38863 42. Guildcraft of California- 18626 South Reyes Avenue, Compton, CA 90221 43. Hallagan Manufacturing Company- 500 Hoffman Street, Newark, NY 14513 44. Henredon Furniture Industries [owned by FBI]- 126 South Centennial Street, High Point, NC 27260 45. Hiatt H. H. Furniture [owned by Elite Leather Company]- 12520 Chadron Avenue, Hawthorne, CA 90250 46. 47. Hickory Chair- 37 9th Street Plaza S.E., Hickory, NC 28602 . -HillcraftFurniture- 101 Industrial Drive, New Albany,MS 38652 48. Hooker Furniture Corporation- 2005 Greenbrier Avenue, Roanoke, VA 24013 49. Hughes Furniture Industries- 952 South Stout Road, Randleman, NC 27317 50. Jackson-Catnapper (Jackson Furniture)- 191 o King Edward Avenue.Southeast, Cleveland, TN 37311 51. Jamco Manufactming- 135 Second Street, Belmont, MS 3-8827 52. James Burton, Inc. {Burton James)- 428 Turnbull Canyon Road, Industry, CA 91745 .. 53. 54. Jonathan Louis International- 544 West 130th Street, Gardena, CA 90248 Justice Furniture Manufacturing Company, Inc.- 900 West Elm Street, Lebanon, M.O.65536 55._ Kincaid Furniture Company [owned. by Laz-y-boy]- 240J>leasant Hill Road, Hudson, NC 28638 3D. 57. King Hickory Furniture- 1820 Main Avenue Southeast, Hickory, NC 28602 .Klaussner Furniture lndustries- 405 Lewallen Road, Asheboro, NC 27205 - 54- 58. Kosta Furniture- 625 Southwest 1st Avenue, Miami, FL 33130 59. Kroehler Furniture Company- 1800 Conover Boulevard East, Conover, NC 28613 60. Lacrosse Furniture- 12150ak 61. Lane [owned by Furniture Brands International (FBI)]- 5380 Highway 145 South, Street, La Crosse,KS 67548 Tupelo, MS 38801 62. Laneventure, Inc. [owned by FBI]- 205 Workman Street S.W., Conover, NC 28613 63. La-Z-Boy, Inc.- 1284 North Telegraph Road, Monroe, M.I. 48162 64. Legacy Classic Furniture- 6530 Judge Adams Road, Whitsett, NC 27377 65. Lexington Furniture Industries- 100 1st Street Northwest, Hildebran, NC 28637 66. Life Style Furniture, Inc.- 425 WestMain Street, Okolona, MS 3"8860 67. Lloyds of Chatham- 55 Ind~strial Park Drive, Siler City, NC 27344 68. Mactavish Furniture Industries- 15022 Old Richmond Road, Sugar Land, TX 77478 69. Maitland-Smith- [owned by FBI]- 1925 Eastchester Drive, High Point, NC 27265 70: March.Furniture Manufacturing, Inc.- 447 -Reed Creek Road, Ramseur, NC 27316 ,"71. Mastercraft Furniture, Inc. - 10075 Southwest Commerce Circle, Wilsonville, OR 97070 72. Massey Furniture Company- 139 2nd Street, Belmont, MS 38827 7J. Massoud Furniture- 8351 Moberly Lane, Dallas, TX 75227 74. Mayo Manufacturing Corporation- 4101 Terry Street, Texarkana, TX 75501 75. McCreary Modem, Inc.- 3564 South U.S. 32~1Highway, Newton, NC 28658 76. Meadowbrook Furniture- 266 Meadowbrook Drive; Hickory Flat, MS 38866 - 55- 77. Meco Corporation- 1500 Industrial Road, Greeneville, TN 37745 78. Meridian Furniture Manufacturing, L.L.C.- 36 Wild Rose Drive, Iuka, MS 38852 79. Michael Nicholas Designs- 6259 Descanso Avenue, Buena Park, CA 90620 80. Michael Roberts, Ltd.- 6329 Maywood Avenue, Huntington Park, CA 90255 81. Modem of Marshfield, Inc.- 137 West 9th Street, Marshfield, WI 54449 82. N-Style Furniture- 1600 Maple Road, Nettleton, MS 38858 83. Norwalk Furniture- 100 Furniture Parkway, Norwalk, O.H. 44857 84. Omnia Leather Motion,Inc ...,4900 Edison Avenue, Chino, CA 91710 85. Ort Furniture- 275 Elm Street, Salem, O.H. 44460 86. Pacific Furniture lndustries- 32850 South Morcom Street, Woodburn, OR 97071 87. Pearson [owned by FBl]- 1420 Progress Avenue, High Po-int,NC 27260 88. Perdue Furniture- 2415 Creek Drive, Rapid City, S.D. 57703 89.- Pioneer Furniture Co.,mc.- 3036 Highway 11 South, Athens, TN 373D3 90. Robin Bruce Furniture '[owned by Rowe]- 8484 Westpark Drive, Mcl.ean, YA -z2102 91: ..92. 93. Rose HillCompany- 104 Mab1)7 Street, OKolona, MS 38860 Rowe Fine Furniture- 8484 Westpark Drive, McLean, VA 22102 . Sam Moore Furniture, L.L.C. {owned by Hooker]- 1556 Dawn Drive.Bedford, VA 24-523 94. Seminole Furniture Manufacturing, Iru::~-269 South Carter Street, Okolona, MS 3-8-860 95. SherrillFurniture Company- 2405 Highland Av-enue Northeast.Hickory, 28601 - 56- NC 96. Smith Brothers of Berne, Inc.- 356 Monroe Street, Berne, IN 46711 97. Southern Motion- 161 Prestige Drive, Pontotoc, MS 38863 98. Stacy Furniture (S&S Manufacturers, Inc.)- 1998 Campground Road, Pontotoc, MS 38863 99. Taylor King Furniture, Inc.- 286 County Home Road, Taylorsville, NC 28681 100. Thomasville, Furniture Industries, Inc. [owned by FBI]- 401 East Main Street, Thomasville, NC 27360 101. Tlong Furniture- 933 Birmingham Ridge Road, Saltillo, MS 38866 102. Townllouse Home Furnishings- 60012 IndustrialStreet, .. 103. United Furniture Industries, Inc. (Comfort Furniture)- 431 Highway 41 North, Okolona, 104. Smithville, MS38870 MS 38860 Universal Furniture International, Inc.- 2622 Uwharrie Road, High Point, NC 27263 105. Vicky's Furniture, fuc.- 11733 Slauson Avenue, Santa Fe Springs, CA 90670 106. Washington Furniture Mfg. Company (National Furniture Mfg.)- 10878 Highway 341, Randolph, MS 3S864 ·107. Wesley Hall Furniture- 141 Fairgrove Church Road Southeast, Hickory, NC 28601 (d) Infol'llUltion conceming lost sales and lost revenue-alleg.tJ.tions As documented above, a huge amount of damage to the American UTM industry can be witnessed through companies that either no longer exists-Or no longer function as domestic upholstery fabric manufacturers. Those companies are, for the most part-out of business, and - 57- none are among the Petitioners, who represent the few survivors. Therefore we do not reasonably have access to the details requested at 19 C.F.R. §206.44(i)(4). Conclusion When considering the unfair advantages that Chinese UTMs have, it is clear why so many American UTMs closed in the last decade. The flood of new unfair competition caused not only the closing of many of the industry's leading companies, but the financial duress of the American UTM industry on the whole. However, many of the surviving American UTMs have , , actually made small profits in recent years by being niche oriented. The American UTMindustry may never fully recover to its 2000- aggregate volume.But, the surviving UTMs are savvy, , modem and efficient with vast quantities of underutilized capacity. They are well situated to capitalize on market share gains that would ensue from a successful petition. These gains would' result injob creation for Americans. - 58-