Notice2025-05318
Dioctyl Terephthalate From the Republic of Türkiye: 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 the Republic of T[uuml]rkiye (T[uuml]rkiye) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation 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 14071-14072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05318]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-852]
Dioctyl Terephthalate From the Republic of T[uuml]rkiye: 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 the Republic of T[uuml]rkiye
(T[uuml]rkiye) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation is January
1, 2023, through December 31, 2023.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of DOTP
from T[uuml]rkiye in which we also postponed the final determination
until March 20, 2025.\1\ We invited interested parties to comment on
the Preliminary Determination. No interested party submitted comments.
Accordingly, the final determination remains unchanged from the
Preliminary Determination and no decision memorandum accompanies this
notice. The Preliminary Determination is hereby adopted in this final
determination. Commerce conducted this LTFV investigation in accordance
with section 735 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Dioctyl Terephthalate from the Republic of T[uuml]rkiye:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 87855 (November 5, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
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Scope of the Investigation
The product covered by this investigation is DOTP from
T[uuml]rkiye. For a complete description of the scope of this
investigation, see the appendix to this notice.
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, we assigned By
Petrokimya Sanayi Ve Ticaret A.S. (Petrokimya), an estimated weighted-
average dumping margin based on AFA, pursuant to sections 776(a) and
(b) of Act.\2\ There is no new information on the record that would
cause us to revisit our decision in the Preliminary Determination.
Accordingly, for this final determination, we continue to find that the
application of AFA, pursuant to sections 776(a) and (b) of the Act, is
warranted and, as AFA, continue to select the highest rate alleged in
the Petition as the rate applicable to Petrokimya.\3\
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\2\ See Preliminary Determination, 89 FR at 87856, and PDM at 4-
7.
\3\ See Petitioner's Letter, ``Response to Request for
Clarification,'' dated April 8, 2024 (Petition); see also
Preliminary Determination PDM at 7-8.
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[[Page 14072]]
All-Others Rate
Section 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
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
As discussed in the Preliminary Determination, we assigned the
highest dumping margin alleged in the Petition (i.e., 80.71 percent) as
the dumping margin for the sole mandatory respondent, Petrokimya, and
the simple average of the margins alleged in the Petition as the all-
others rate applicable to all exporters and/or producers not
individually examined.\4\ As noted above, we received no comments on
our Preliminary Determination and, therefore, we continue to assign a
dumping margin of 61.61 percent as the all-others rate for this final
determination.
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\4\ See Preliminary Determination, and accompanying PDM at 10.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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By Petrokimya Sanayi Ve Ticaret A.S......................... * 80.71
All Others.................................................. 61.61
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* Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final 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 applied AFA to the individually
examined company, Petrokimya, 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.
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 DOTP from
T[uuml]rkiye, as described in the appendix of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after
November 5, 2024, the date of publication of the affirmative
Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(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 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 all-others estimated
weighted-average dumping margin. These suspension-of-liquidation
instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of this final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the 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 of DOTP from T[uuml]rkiye no later than 45 days after
this final determination. If the ITC determines that material injury,
or threat of material injury, does not exist, the proceeding will be
terminated, and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty 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 the final reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in 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 violation which is subject to sanction.
Notification to Interested Parties
This determination and this 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--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 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.
[FR Doc. 2025-05318 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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