Notice2025-07131
Certain Alkyl Phosphate Esters From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
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Published
April 25, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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) during the period of investigation (POI) October 1, 2023, through March 31, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17404-17406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07131]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168]
Certain Alkyl Phosphate Esters From the People's Republic of
China: 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
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) during the period
of investigation (POI) October 1, 2023, through March 31, 2024.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, or Matthew Lipka, 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, or (202)
482-7976, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2024, Commerce published the Preliminary
Determination in the Federal Register 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 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, 89 FR 96223 (December 4, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (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="http://access.trade.gov">http://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 products covered by this investigation are alkyl phosphate
esters from China. For a complete 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
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), between December 2 and 12, 2024, Commerce conducted
verification of the sales and factors of production information
submitted by Zhejiang Wansheng Co., Ltd. (Zhejiang Wansheng) and Anhui
RunYue Technology Co., Ltd. (Anhui RunYue).\3\ We used standard
verification procedures, including an examination of relevant
accounting records and original source documents provided by Zhejiang
Wansheng and Anhui RunYue.
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\3\ See Memoranda, ``Verification of the Questionnaire Responses
of Zhejiang Wansheng Co., Ltd.,'' dated January 16, 2025; and
``Verification of the Questionnaire Responses of Anhui RunYue
Technology Co., Ltd.,'' dated January 31, 2025.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from interested parties for this
final determination, we made certain changes to the estimated weighted-
average dumping margins for Zhejiang Wansheng and Anhui RunYue. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available (AFA)
Consistent with the Preliminary Determination,\4\ Commerce
continues to find, pursuant to sections 776(a) and (b) of the Act, that
the use of facts otherwise available, with adverse inferences, is
warranted in determining the dumping rate for the China-wide entity. In
the Preliminary Determination, Commerce applied Anhui RunYue's highest
transaction-specific dumping margin to the China-wide entity as AFA.\5\
There is no new information on the record that would cause us to
reconsider our decision in the Preliminary Determination. Thus, we made
no changes to our analysis for the China-wide entity. We are assigning
a rate of 269.02 percent,\6\ which is the highest calculated individual
dumping margin of any respondent in the investigation for this final
determination, to the China-wide entity.\7\ For a full description of
the methodology underlying Commerce's final determination, see the
Issues and Decision Memorandum.
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\4\ See Preliminary Determination PDM at 17-20.
\5\ Id.
\6\ Without adjustment for subsidy offsets.
\7\ See Memorandum, ``Analysis for Anhui RunYue Technology Co.,
Ltd. for the Final Determination of the Investigation of Certain
Alkyl Phosphate Esters from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice; see also
Issues and Decision Memorandum.
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Separate Rates
No interested parties commented on Commerce's preliminary separate
rate determinations,\8\ and we have no basis to reconsider the
determinations. Accordingly, we continue to find that Zhejiang
Wansheng, Anhui RunYue, and certain non-individually examined companies
that are listed in the rate table below, are eligible for a separate
rate.
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\8\ See Preliminary Determination PDM at 11-16.
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Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\9\ Commerce calculated exporter/producer combination rates for
the respondents that are eligible for a separate rate.
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\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 at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2023, through March 31,
2024:
[[Page 17405]]
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Cash deposit
Weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
(percent) (percent) \10\
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Anhui RunYue Technology Co., Ltd.............. Anhui RunYue Technology Co., Ltd 254.60 167.46
Zhejiang Wansheng Co., Ltd.................... Zhejiang Wansheng Co., Ltd...... 152.38 126.45
ACETO (SHANGHAI) LTD.......................... Xinji Hongzheng Chemical Co., 174.40 135.28
Ltd.
Anhui Shengli Import and Export Co., Ltd...... Anhui Shengli Pesticide & 174.40 135.28
Chemistry Co., Ltd.
Anhui Shengli Import and Export Co., Ltd...... Ningguo Long Day Chemical Co., 174.40 135.28
Ltd.
Fujian Wynca Technology Co., Ltd.............. Fujian Wynca Technology Co., Ltd 174.40 135.28
Fujian Wynca Technology Co., Ltd.............. Anhui RunYue Technology Co., Ltd 174.40 135.28
Fujian Wynca Technology Co., Ltd.............. Shandong Yarong Chemical Co., 174.40 135.28
Ltd.
Shandong Yarong Chemical Co., Ltd............. Shandong Yarong Chemical Co., 174.40 135.28
Ltd.
Shanghai Iroyal Chemical Co., Ltd............. Futong Chemical Co., Ltd........ 174.40 135.28
Shanghai Iroyal Chemical Co., Ltd............. Fujian Wynca Technology Co., Ltd 174.40 135.28
Shanghai Iroyal Chemical Co., Ltd............. Zhejiang Hong Hao Technology 174.40 135.28
Co., Ltd.
Shanghai Iroyal Chemical Co., Ltd............. Shandong Yarong Chemical Co., 174.40 135.28
Ltd.
Shanghai Iroyal Chemical Co., Ltd............. Xuancheng City Trooyawn Refined 174.40 135.28
Chemical Industry Co., Ltd.
Shanghai Yongxiangshun International Trade Hebei Zhenxing Chemical and 174.40 135.28
Co., Ltd. Rubber Co., Ltd.
Xuancheng City Trooyawn Refined Chemical Xuancheng City Trooyawn Refined 174.40 135.28
Industry Co., Ltd. Chemical Industry Co., Ltd.
Yoke Chemicals and New Materials (Shanghai) Jiangsu Yoke Technology Co., Ltd 174.40 135.28
Co. Ltd.
Zhangjiagang Fortune Chemical Co., Ltd........ Nantong Jiangshan Agrochemical & 174.40 135.28
Chemicals Limited Liability
Co., Ltd.
Zhangjiagnag Fortune Chemical Co., Ltd........ Shandong Yarong Chemical Co., 174.40 135.28
Ltd.
China Wide-Entity............................. ................................ * 269.02 243.09
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* This rate is based on facts available with adverse inferences.
Disclosure
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\10\ See Memorandum, ``Final Analysis of Double Remedy,'' dated
concurrently with this notice.
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Commerce intends to disclose the calculations performed in
connection with this 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 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, we 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 December 4, 2024,
the date of publication in the Federal Register of the Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for
appropriate entries. To determine the antidumping duty 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. As Commerce made an affirmative determination for domestic
subsidy pass-through, we have offset the calculated estimated weighted-
average dumping margins in the above table by the appropriate subsidy
rates to calculate the applicable cash deposit rates. In the companion
CVD final determination, Commerce determined no export subsidy rates
exist for Anhui RunYue or Zhejiang Wansheng.\11\ Thus, because the
mandatory respondents and all-other companies in the companion CVD
investigation had no export subsidy rates, Commerce is not offsetting
the mandatory respondents' or the all-others estimated weighted-average
dumping margins for export subsidies.
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\11\ See unpublished Federal Register notice, ``Certain Alkyl
Phosphate Esters from the People's Republic of China: Final
Affirmative Countervailing Duty Determination,'' dated concurrently
with this notice.
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Commerce will instruct CBP to require the following cash deposits
for estimated antidumping duties for all appropriate entries: (1) for
the producer/exporter combinations listed in the table above, the
applicable cash deposit rate is listed in the table for that
combination; (2) for all combinations of Chinese producers/exporters of
the merchandise under consideration that have not established
eligibility for a separate rate, the cash deposit rate will be equal to
the cash deposit rate listed for the China-wide entity in the table
above; and (3) for all third-country exporters of the merchandise under
consideration that are 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. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission (ITC)
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 investigation 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 alkyl phosphate esters 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 or canceled, and
suspension of liquidation
[[Page 17406]]
will be lifted. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instructions by Commerce, antidumping duties on all
imports of the subject merchandise that are 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 above.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition 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 terms of an APO
is a sanctionable violation.
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: April 18, 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 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Adjustments Under Section 777A(f) of the Act
IV. Separate Rates
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Issues
General Comments
Comment 1: Whether Commerce Selected the Proper Surrogate
Country
Comment 2: Whether Commerce Selected Proper Surrogate Financial
Statements
Comment 3: How to Calculate the Double Remedies Offsets
Applicable to Separate Rate Companies
Comment 4: Whether Commerce Should Consider Public Policy
Comment 5: Whether to Include Wastewater Treatment Inputs as
Overhead or as Factors of Production
Anhui RunYue
Comment 6: Whether to Apply Adverse Facts Available to Certain
Packing Material
Comment 7: Whether Commerce Should Allow a By-Product Offset
Zhejiang Wansheng
Comment 8: Whether Commerce Correctly Converted the Surrogate
Value Used in the Surrogate Value Calculation for a Raw Material
Input
VIII. Recommendation
[FR Doc. 2025-07131 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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