Notice2024-25641
Dioctyl Terephthalate From Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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Published
November 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that dioctyl terephthalate (DOTP) from Poland is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 89 Issue 214 (Tuesday, November 5, 2024)</title>
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[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87844-87846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25641]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-808]
Dioctyl Terephthalate From Poland: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that dioctyl terephthalate (DOTP) from Poland is being, or
is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2023, through
December 31, 2023. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 5, 2024.
FOR FURTHER INFORMATION CONTACT: Megan Goins, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0884.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation in the Federal
Register on April 22, 2024.\1\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
On July 24, 2024, Commerce postponed the preliminary determination of
this investigation until October 29, 2024.\3\
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\1\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of T[uuml]rkiye: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 29285 (April 22, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of T[uuml]rkiye: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
59891 (July 24, 2024).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Dioctyl
Terephthalate from Poland'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is DOTP from Poland. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
complete description of the scope in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 29286.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce
preliminarily relied upon facts otherwise available to assign an
estimated weighted-average dumping margin to Grupa Azoty Zaklady
Azotowy (Azoty), the sole mandatory respondent in this investigation
because Azoty withdrew its participation in this investigation.
Further, Commerce preliminarily determines that Azoty failed to
cooperate by not acting to the best of its ability to comply with a
request for information and Commerce is using an adverse inference in
selecting from among the facts otherwise available (i.e., applying
adverse facts available (AFA) to this respondent, in accordance with
section 776(b) of the Act). For a full description of the methodology
underlying our preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that, in a preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually investigated in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act.
The estimated weighted-average dumping margin in this preliminary
determination was determined entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple
average of the margins alleged in the petition and applies the results
to all other entities not individually examined.\7\
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\7\ See, e.g., Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30,
2021).
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In the Petition,\8\ Eastman Chemical Company (the petitioner)
alleged a single estimated dumping margin for Poland, 57.88 percent.\9\
Therefore, consistent with our practice, for the all-others rate in
this investigation, we preliminarily assign this dumping margin alleged
in the Petition, which is 57.88 percent.
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\8\ See Petitioner's Letter, ``Dioctyl Terephthalate (DOTP) from
Taiwan, Turkey, Malaysia, and Poland,'' dated March 26, 2024
(Petition).
\9\ See Initiation Notice, 89 FR at 29288.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Grupa Azoty Zaklady Azotowy................................. * 57.88
All Others.................................................. 57.88
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* Rate is based on AFA.
[[Page 87845]]
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption, on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the only individually examined company in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the Petition, there are no calculations to disclose.
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
Because the only respondent in this investigation withdrew its
participation and did not act to the best of its ability to provide
information requested by Commerce, and Commerce preliminarily
determines the mandatory respondent has been uncooperative, Commerce
will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than five days after the date for filing case
briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\12\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until no later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination may be accompanied by a request for extension of
provisional measures from a four-month period to a period of not more
than six months in duration.\14\
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\14\ See 19 CRF 351.210(e)(2).
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On October 4, 2024, pursuant to 19 CFR 351.210(e), Azoty requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ On
October 8, 2024, the petitioner requested that, in the event of a
negative determination, Commerce postpone the final determination in
accordance with 19 CFR 351.210(b)(2)(i).\16\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is affirmative; (2) the requesting exporter
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will
[[Page 87846]]
make its final determination no later than 135 days after the date of
publication of this preliminary determination in the Federal Register.
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\15\ See Azoty's Letter, ``Request for Postponement of Final
Antidumping Determination,'' dated October 4, 2024.
\16\ See Petitioner's Letter, ``Petitioner's Request to Postpone
Final Antidumping Duty Determinations,'' dated October 8, 2024.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 29, 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 I
Scope of the Investigation
The merchandise covered by this investigation is dioctyl
terephthalate (DOTP) regardless of form. DOTP that has been blended
with other products is included within this scope when such blends
include constituent parts that have not been chemically reacted with
each other to produce a different product. For such blends, only the
DOTP component of the mixture is covered by the scope of this
investigation.
DOTP that is otherwise subject to this investigation is not
excluded when commingled with DOTP from sources not subject to this
investigation. Commingled refers to the mixing of subject and non-
subject DOTP. Only the subject component of such commingled products
is covered by the scope of this investigation.
DOTP has the general chemical formulation of
C<INF>6</INF>H<INF>4</INF>
(C<INF>8</INF>H<INF>17</INF>COO)<INF>2</INF> and a chemical name of
``bis (2-ethylhexyl) terephthalate'' and has a Chemical Abstract
Service (CAS) registry number of 6422-86-2. Regardless of the label,
all DOTP is covered by this investigation.
Subject merchandise is currently classified under subheading
2917.39.2000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classifications are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available With Adverse Inferences
V. Recommendation
[FR Doc. 2024-25641 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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