Notice2024-10935

Certain Alkyl Phosphate Esters from the People's Republic of China: Initiation of Countervailing Duty Investigation

Primary source

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Published
May 20, 2024

Issuing agencies

Commerce DepartmentInternational Trade Administration

Full Text

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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43821-43825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10935]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-169]


Certain Alkyl Phosphate Esters from the People's Republic of 
China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable May 13, 2024.

FOR FURTHER INFORMATION CONTACT: Benjamin Nathan, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3834.

SUPPLEMENTARY INFORMATION:

[[Page 43822]]

The Petition

    On April 23, 2024, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain alkyl phosphate esters (alkyl phosphate esters) from the 
People's Republic of China (China) filed in proper form on behalf of 
ICL-IP America, Inc. (the petitioner).\1\ The CVD petition was 
accompanied by an antidumping duty (AD) petition concerning imports of 
alkyl phosphate esters from China.\2\
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    \1\ See Petitioner's Letter, ``Antidumping and Countervailing 
Duty Petition,'' dated April 23, 2024 (the Petition); and ``Errata 
to Antidumping and Countervailing Duty Petition,'' dated April 24, 
2024.
    \2\ Id.
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    Between April 25 and May 2, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ Between 
April 29 and May 3, 2024, the petitioner filed responses to these 
requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 25, 2024; ``Supplemental Questions,'' dated April 25, 2024 
(General Issues Questionnaire); and ``Supplemental Questions,'' 
dated April 29, 2024; see also Memorandum, ``Phone Call with Counsel 
to Petitioner,'' dated May 2, 2024 (May 2 Memorandum).
    \4\ See Petitioner's Letters, ``Responses to General Issues 
Questionnaire,'' dated April 29, 2024 (First General Issues 
Supplement); ``Responses to Countervailing Duty Petition 
Supplemental Questionnaire,'' dated May 2, 2024; and ``Responses to 
Second Petition Supplemental Questionnaire,'' dated May 3, 2024 
(Second General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of alkyl phosphate 
esters from China, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing alkyl 
phosphate esters in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating a CVD investigation, the Petition was 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on April 23, 2024, the period of 
investigation (POI) for China is January 1, 2023, through December 31, 
2023.\6\
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    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is alkyl phosphate 
esters from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on the Scope of the Investigation

    On April 25 and May 2, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On April 29 and May 3, 2024, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also May 2 Memorandum.
    \8\ See First General Issues Supplement at 2-7 and Exhibits I-15 
and I-16; see also Second General Issues Supplement at 1-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\10\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on June 3, 
2024, which is the next business day after 20 calendar days from the 
signature date of this notice.\11\ Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on June 13, 
2024, which is 10 calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ The deadline for scope comments falls on June 2, 2024, 
which is a Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce 
will accept comments filed by 5:00 p.m. ET on June 3, 2024 (``For 
both electronically filed and manually filed documents, if the 
applicable due date falls on a non-business day, the Secretary will 
accept documents that are filed on the next business day.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook 
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\13\ On 
April 29, 2024, the GOC submitted comments on the Petition in lieu of 
consultations.\14\
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    \13\ See Commerce's Letter ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Certain Alkyl Phosphate 
Esters from the People's Republic of China,'' dated April 25, 2024.
    \14\ See GOC's Letter, ``China-USA Consultations with Respect to 
Possible Initiation of Countervailing Investigation Against Imports 
of Alkyl Phosphate Esters from China,'' dated May 8, 2024.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing

[[Page 43823]]

support for, or opposition to, the petition. Moreover, section 
702(c)(4)(D) of the Act provides that, if the petition does not 
establish support of domestic producers or workers accounting for more 
than 50 percent of the total production of the domestic like product, 
Commerce shall: (i) poll the industry or rely on other information in 
order to determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\17\ Based on our analysis of the information 
submitted on the record, we have determined that alkyl phosphate 
esters, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\18\
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    \17\ See Petition at Volume I (pages 15-17 and Exhibits I-4 and 
I-6); see also First General Issues Supplement at 11-15.
    \18\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Certain Alkyl Phosphate Esters from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (China CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petition Covering Certain Alkyl Phosphate Esters from the 
People's Republic of China. This checklist is on file electronically 
via ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\19\ The petitioner 
asserts that there are currently no other known producers of alkyl 
phosphate esters in the United States; therefore, the Petition is 
supported by 100 percent of the U.S. industry.\20\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\21\
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    \19\ See Petition at Volume I (Exhibit I-11); see also First 
General Issues Supplement at 10-11.
    \20\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2, 
and I-8); see also First General Issues Supplement at 7-11 and 
Exhibit I-17.
    \21\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2, 
and I-8, and I-11); see also First General Issues Supplement at 7-11 
and Exhibit I-17. For further discussion, see Attachment II of the 
China CVD Initiation Checklist
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\22\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\25\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\26\
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    \22\ See Attachment II of the China CVD Initiation Checklist.
    \23\ Id.; see also section 702(c)(4)(D) of the Act.
    \24\ See Attachment II of the China CVD Initiation Checklist.
    \25\ Id.
    \26\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\27\
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    \27\ See Petition at Volume I (page 18 and Exhibit I-10).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; reduced 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; negative impact on domestic industry capacity, 
capacity utilization, and employment; and negative impact on domestic 
industry sales revenue and operating profits.\28\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, cumulation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\29\
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    \28\ Id. at 18-34 and Exhibits I-1, I-3, I-4, I-8, and I-10 
through I-13.
    \29\ See China CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petition 
Covering Certain Alkyl Phosphate Esters from the People's Republic 
of China.

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[[Page 43824]]

Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of alkyl phosphate esters from China benefit from 
countervailable subsidies conferred by the GOC. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 41 of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection.

    In the Petition, the petitioner identified 65 companies in China as 
producers and/or exporters of alkyl phosphate esters.\30\ Commerce 
intends to follow its standard practice in CVD investigations and 
calculate company-specific subsidy rates in this investigation. In the 
event that Commerce determines that the number of companies is large 
and it cannot individually examine each company based on Commerce's 
resources, where appropriate, Commerce intends to select respondents 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
of alkyl phosphate esters during the POI under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed 
within the ``Scope of the Investigation'' in the appendix.
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    \30\ See Petition at Volume I (page 14 and Exhibit I-8); see 
also First General Issues Supplement at 1 and Exhibit I-8.
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    On May 8, 2024, Commerce released the CBP data for imports of alkyl 
phosphate esters from China under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment regarding the CBP 
data and/or respondent selection must do so within three business days 
of the publication date of the notice of initiation of this 
investigation.\31\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the specified 
deadline. Commerce will not accept rebuttal comments regarding the CBP 
data or respondent selection.
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    \31\ See Memorandum, ``Countervailing Duty Petition on Certain 
Alkyl Phosphate Esters from China: Release of Data from U.S. Customs 
and Border Protection,'' dated May 8, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of alkyl phosphate esters from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\32\ A negative ITC determination will result in the 
investigation being terminated.\33\ Otherwise, this CVD investigation 
will proceed according to statutory and regulatory time limits.
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    \32\ See section 703(a)(1) of the Act.
    \33\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors of production under 19 CFR 351.408(c) or 
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); 
(iv) evidence placed on the record by Commerce; and (v) evidence other 
than factual information described in (i)-(iv). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \34\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\35\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in this investigation.
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    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\36\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\37\
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    \36\ See 19 CFR 351.302.
    \37\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR

[[Page 43825]]

351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\40\
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    \40\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: May 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The products covered by this investigation are alkyl phosphate 
esters, which are halogenated and non-halogenated phosphorus-based 
esters with a phosphorus content of at least 6.5 percent (per 
weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 [deg]C).
    Merchandise subject to this investigation primarily includes 
Tris (2-chloroisopropyl) phosphate (TCPP), Tris (1,3-
dichloroisopropyl) phosphate (TDCP), and Triethyl Phosphate (TEP)).
    TCPP is also known as Tris (1-chloro-2-propyl) phosphate, Tris 
(1-chloropropan-2-yl) phosphate, Tris (monochloroisopropyl) 
phosphate (TMCP), and Tris (2-chloroisopropyl) phosphate (TCIP). 
TCPP has the chemical formula 
C<INF>9</INF>H<INF>18</INF>C<INF>l3</INF>O<INF>4</INF>P and the 
Chemical Abstracts Service (CAS) Nos. 1244733-77-4 and 13674-84-5. 
It may also be identified as CAS No. 6145-73-9.
    TDCP is also known as Tris (1,3-dichloroisopropyl) phosphate, 
Tris (1,3-dichloro-2-propyl) phosphate, Chlorinated tris, tris {2- 
chloro-1-(chloromethyl ethyl){time}  phosphate, TDCPP, and TDCIPP. 
TDCP has the chemical formula 
C<INF>9</INF>H<INF>15</INF>C<INF>l6</INF>O<INF>4</INF>P and the CAS 
No. 13674-87-8.
    TEP is also known as Phosphoric acid triethyl ester, phosphoric 
ester, flame retardant TEP, Tris(ethyl) phosphate, 
Triethoxyphosphine oxide, and Ethyl phosphate (neutral). TEP has the 
chemical formula (C<INF>2</INF>H<INF>5</INF>O)<INF>3</INF>PO and the 
CAS No. 78-40-0.
    Imported alkyl phosphate esters are not excluded from the scope 
of this investigation even if the imported alkyl phosphate ester 
consists of a single isomer or combination of isomers in proportions 
different from the isomers ordinarily provided in the market.
    Also included in this investigation are blends including one or 
more alkyl phosphate esters, with or without other substances, where 
the alkyl phosphate esters account for 20 percent or more of the 
blend by weight.
    Alkyl phosphate esters are classified under subheading 
2919.90.5050, Harmonized Tariff Schedule of the United States 
(HTSUS). Imports may also be classified under subheadings 
2919.90.5010 and 3824.99.5000, HTSUS. The HTSUS subheadings and CAS 
registry numbers are provided for convenience and customs purposes. 
The written description of the scope is dispositive.

[FR Doc. 2024-10935 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P


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