Notice2025-05315
Dioctyl Terephthalate From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value
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
March 28, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that dioctyl terephthalate (DOTP) from Malaysia 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.
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14073-14075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05315]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-827]
Dioctyl Terephthalate From Malaysia: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
dioctyl terephthalate (DOTP) from
[[Page 14074]]
Malaysia 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.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT: Nathan Araya, 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) 482-3401.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of DOTP
from Malaysia and invited interested parties to comment.\1\ For a
complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
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\1\ See Dioctyl Terephthalate from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 87848 (November 5, 2024) (Preliminary
Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Dioctyl Terephthalate from Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Investigation
The product covered by this investigation is DOTP from Malaysia.
For a full description of the scope of this investigation, see Appendix
I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Verification
Commerce verified the sales and cost information submitted by UPC
Chemicals (Malaysia) Sdn Bhd. (UPC MY) for use in our final
determination, consistent with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\ We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by UPC MY.
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\3\ See Memoranda, ``Verification of the Sales Response of UPC
Chemicals (Malaysia) Sdn Bhd. In the Less-Than-Fair-Value
Investigation of Dioctyl Terephthalate from Malaysia,'' dated
January 10, 2025; and ``Verification of the Cost Response of UPC
Chemicals (Malaysia) Sdn Bhd. (UPC MY) in the Less-Than-Fair-Value
Investigation of Dioctyl Terephthalate from Malaysia,'' dated
February 18, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We made certain changes to the dumping margin calculation of UPC MY
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
All-Others Rate
Sections 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
For the final determination of this investigation, UPC MY was the
only individually examined exporter/producer for which Commerce
calculated an individual estimated weighted average dumping margin.
Because UPC MY's dumping margin is the only individually calculated
dumping margin that is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average dumping margin
calculated for UPC MY is the margin assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce 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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UPC Chemicals (Malaysia) Sdn Bhd............................ 7.50
All Others.................................................. 7.50
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Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption, on or after November 5,
2024, the date of publication of the Preliminary Determination in the
Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, 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 final
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 estimated weighted-average dumping margin for all other
producers and exporters.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of the final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the
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Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of DOTP no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping order directing CBP to assess, upon further instruction
by Commerce, antidumping duties on all imports of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation, as discussed
above in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order (APO)
This notice will serve as a final reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with accordance with 19
CFR 351.305(a)(3). Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 20, 2025.
Christopher Abbott,
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 the
investigations.
DOTP that is otherwise subject to this investigation is not
excluded when commingled with DOTP from sources not subject to these
investigations. 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 these investigations.
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Treatment of Home Market Gross Price and Expense
Variables
Comment 2: Minor Corrections Presented at Verification
Comment 3: Treatment of Packing Expenses
Comment 4: Treatment of Shutdown Costs
Comment 5: Treatment of Cost Adjustments in the Preliminary
Determination
V. Recommendation
[FR Doc. 2025-05315 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 28, 2025.
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