Notice2024-30170
Alkyl Phosphate Esters From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 19, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-721 and 731-TA-1689 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of alkyl phosphate esters from China, provided for in subheading 2919.90.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair- value and subsidized by the government of China.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103877-103879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30170]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-721 and 731-TA-1689 (Final)]
Alkyl Phosphate Esters From China; Scheduling of the Final Phase
of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-721 and 731-TA-1689 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of alkyl phosphate esters from China,
provided for in subheading 2919.90.50 of the Harmonized Tariff Schedule
of the United States, preliminarily determined by the
[[Page 103878]]
Department of Commerce (``Commerce'') to be sold at less-than-fair-
value and subsidized by the government of China.
DATES: December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Celia Feldpausch (202) 205-2387 and
Laurel Schwartz (202) 205-2398, Office of Investigations, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain information on this matter by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>).
The public record for these investigations may be viewed on the
Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``. . . . 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 these investigations 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>Cl<INF>3</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>Cl<INF>6</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
these investigations 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 these investigations 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 statistical reporting
number 2919.90.5050 of the Harmonized Tariff Schedule of the United
States (HTSUS). Imports may also be classified under HTSUS statistical
reporting numbers 2919.90.5010 and 3824.99.5000. The HTSUS provisions
are for convenience and customs purposes. The written description of
the scope is dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of alkyl phosphate esters, and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on April 23, 2024, by ICL-IP America,
Inc., St. Louis, Missouri.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on March
27, 2025, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
April 10, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Friday, April
4, 2025. Any requests to appear as a witness via videoconference must
be included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigations, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3
p.m. the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to
[[Page 103879]]
appear at the hearing and make oral presentations should attend a
prehearing conference, if deemed necessary, to be held at 9:30 a.m. on
Monday, April 7, 2025. Parties shall file and serve written testimony
and presentation slides in connection with their presentation at the
hearing by no later than noon on April 9, 2025. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is 5:15 p.m. on April 3, 2025. Parties shall
also file written testimony in connection with their presentation at
the hearing, and posthearing briefs, which must conform with the
provisions of Sec. 207.25 of the Commission's rules. The deadline for
filing posthearing briefs is 5:15 p.m. on April 17, 2025. In addition,
any person who has not entered an appearance as a party to the
investigations may submit a written statement of information pertinent
to the subject of the investigations, including statements of support
or opposition to the petition, on or before 5:15 p.m. on April 17,
2025. On May 9, 2025, the Commission will make available to parties all
information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before 5:15
p.m. on May 13, 2025, but such final comments must not contain new
factual information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-30170 Filed 12-18-24; 8:45 am]
BILLING CODE 7020-02-P
</pre></body>
</html>Indexed from Federal Register on December 19, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.