Notice2024-28397
Certain Alkyl Phosphate Esters From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
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Published
December 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain alkyl phosphate esters (alkyl phosphate esters) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2023, through March 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96223-96226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28397]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168]
Certain Alkyl Phosphate Esters From the People's Republic of
China: 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 certain alkyl phosphate esters (alkyl phosphate esters)
from the People's Republic of China (China) are being, or are likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is October 1, 2023, through March 31,
2024. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Palmer or Dennis McClure, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-5973, respectively.
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 on May 20,
2024.\1\ On August 8, 2024, Commerce tolled certain deadlines in this
investigation by seven days.\2\ On September 17, 2024, Commerce
postponed the preliminary determination of this investigation and the
revised deadline is now November 26, 2024.\3\
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\1\ See Certain Alkyl Phosphate Esters from the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation,
89 FR 43801 (May 20, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Certain Alkyl Phosphate Esters from the People's
Republic of China: Postponement of Preliminary Determinations of
Less-Than-Fair-Value Investigations, 89 FR 76087 (September 17,
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
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Alkyl Phosphate Esters from the People's Republic of
China,'' 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 alkyl phosphate esters
from China. 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.\7\ Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See 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.
\7\ See Shanghai Yongxiangshun International Trade Co., Ltd.'s
Letter, ``Scope of Order Comments,'' dated May 30, 2024. Although
Shanghai Yongxiangshun International Trade Co., Ltd. (Shanghai
Yongxiangshun) submitted a letter entitled, ``Scope Order
Comments,'' the letter did not include comments opposing the scope
as published in the Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 96224]]
731 of the Act. Commerce has calculated export prices in accordance
with section 772(a) of the Act and constructed export prices in
accordance with section 772(b) of the Act. Because China is a non-
market economy (NME), within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of
the Act, Commerce preliminarily has relied upon facts otherwise
available, with adverse inferences, for (1) Icool Chemical Co., Ltd.,
(2) Isochem Australia Pty Ltd., (3) Jiangsu Victory Chemical Co., Ltd.,
(4) Shanghai Chenhua International Trade Co., Ltd., (5) Taian Tayong
Biotechnology Co., Ltd., (6) Unibrom Corp., (7) Unibrom Pte. Ltd., (8)
Xing Fa (Hongkong) Imp. & Exp. Limited, and (9) Yangzhou Chenhua New
Material Co., Ltd. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 89 FR 43805.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Separate Rates
We have preliminarily granted a separate rate to certain separate
rate respondents that we did not select for individual examination.\10\
In calculating the rate for non-individually examined separate rate
respondents in an NME LTFV investigation, Commerce normally looks to
section 735(c)(5)(A) of the Act, which pertains to the calculation of
the all-others rate in a market economy LTFV investigation, for
guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this
rate shall be an amount equal to the weighted-average of the estimated
weighted-average dumping margins established for those companies
individually examined, excluding zero and de minimis dumping margins,
and any dumping margins based entirely under section 776 of the Act.
Commerce calculated individual estimated weighted-average dumping
margins for Anhui RunYue Technology Co., Ltd. (Anhui RunYue) and
Zhejiang Wansheng Co., Ltd. (Zhejiang Wansheng) that are not zero, de
minimis, or based entirely on facts otherwise available. Thus, the
weighted-average dumping margins calculated for Anhui RunYue and
Zhejiang Wansheng are the basis to determine the weighted-average
dumping margin for the non-examined, separate rate companies in this
investigation.\11\ See the table below in the ``Preliminary
Determination'' section of this notice.
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\10\ See the Preliminary Decision memorandum for additional
details.
\11\ See Memorandum, ``Calculation of the Dumping Margin for
Respondents Not Selected for Individual Examination,'' dated
November 26, 2024.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offsets)
margin (percent) (percent)
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Anhui RunYue Technology Co., Ltd....... Anhui RunYue Technology Co., 247.52 175.82
Ltd.
Zhejiang Wansheng Co., Ltd............. Zhejiang Wansheng Co., Ltd..... 164.29 141.98
ACETO (SHANGHAI) LTD................... Xinji Hongzheng Chemical Co., 182.22 135.22
Ltd.
Anhui Shengli Import and Export Co., Anhui Shengli Pesticide & 182.22 135.22
Ltd. Chemistry Co., Ltd.
Anhui Shengli Import and Export Co., Ningguo Long Day Chemical Co., 182.22 135.22
Ltd. Ltd.
Fujian Wynca Technology Co., Ltd....... Fujian Wynca Technology Co., 182.22 135.22
Ltd.
Fujian Wynca Technology Co., Ltd....... Anhui RunYue Technology Co., 182.22 135.22
Ltd.
Fujian Wynca Technology Co., Ltd....... Shandong Yarong Chemical Co., 182.22 135.22
Ltd.
Shandong Yarong Chemical Co., Ltd...... Shandong Yarong Chemical Co., 182.22 135.22
Ltd.
Shanghai Iroyal Chemical Co., Ltd...... Futong Chemical Co., Ltd....... 182.22 135.22
Shanghai Iroyal Chemical Co., Ltd...... Fujian Wynca Technology Co., 182.22 135.22
Ltd.
Shanghai Iroyal Chemical Co., Ltd...... Zhejiang Hong Hao Technology 182.22 135.22
Co., Ltd.
Shanghai Iroyal Chemical Co., Ltd...... Shandong Yarong Chemical Co., 182.22 135.22
Ltd.
Shanghai Iroyal Chemical Co., Ltd...... Xuancheng City Trooyawn Refined 182.22 135.22
Chemical Industry Co., Ltd.
Shanghai Yongxiangshun International Hebei Zhenxing Chemical and 182.22 135.22
Trade Co., Ltd. Rubber Co., Ltd.
Xuancheng City Trooyawn Refined Xuancheng City Trooyawn Refined 182.22 135.22
Chemical Industry Co., Ltd. Chemical Industry Co., Ltd.
Yoke Chemicals and New Materials Jiangsu Yoke Technology Co., 182.22 135.22
(Shanghai) Co. Ltd. Ltd.
Zhangjiagang Fortune Chemical Co., Ltd. Nantong Jiangshan Agrochemical 182.22 135.22
& Chemicals Limited Liability
Co., Ltd.
Zhangjiagnag Fortune Chemical Co., Ltd. Shandong Yarong Chemical Co., 182.22 135.22
Ltd.
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China Wide-Entity * 269.60 247.29
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* This rate is based on facts available with adverse inferences.
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 subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
[[Page 96225]]
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which NV exceeds U.S.
price, as indicated in the chart above as follows: (1) for the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the chart of estimated weighted-average dumping
margins, above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, accordance with 19 CFR 351.224(b).
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
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this investigation. A timeline for the submission of case
briefs and written comments will be notified to interested parties at a
later date. 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.\12\ 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.\13\
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\12\ 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).
\13\ See 19 351.309(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 brief 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.\14\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the 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 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ 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 and 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 not 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. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 24 and November 1, 2024, Anhui RunYue and ICL-IP
America, Inc. (the petitioner) requested that Commerce postpone the
final determination and that provisional measures be extended to a
period not to exceed six months, respectively.\16\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii),
[[Page 96226]]
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 make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\16\ See Anhui RunYue's Letter, ``Request for Postponement of
Final AD Determination,'' dated October 24, 2024; see also
Petitioner's Letter, ``Request to Postpone Final Determination,''
dated November 1, 2024.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination of sales at LTFV. 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 imports of the subject
merchandise 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: November 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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 C9H18Cl3O4P 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 C9H15Cl6O4P 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 (C2H5O)3PO 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777(A)(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-28397 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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