Notice2025-10630
Certain Alkyl Phosphate Esters From the People's Republic of China: Antidumping and Countervailing Duty Orders
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
June 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping (AD) and countervailing duty (CVD) orders on certain alkyl phosphate esters (alkyl phosphate esters) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24579-24582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10630]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168, C-570-169]
Certain Alkyl Phosphate Esters From the People's Republic of
China: Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping (AD) and
countervailing duty (CVD) orders on certain alkyl phosphate esters
(alkyl phosphate esters) from the People's Republic of China (China).
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: Dennis McClure (AD) or Benjamin Nathan
(CVD), AD/CVD Operations, Offices VIII and II, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5973 and (202) 482-3834, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of 1930, as amended (the Act), on April 25, 2025, Commerce
published its affirmative final determination of sales at less-than-
fair-value (LFTV) of alkyl
[[Page 24580]]
phosphate esters from China and its affirmative final determination
that countervailable subsidies are being provided to producers and
exporters of alkyl phosphate esters from China.\1\
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\1\ See Certain Alkyl Phosphate Esters from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 90 FR 17373 (April 25, 2025); see also Certain Alkyl
Phosphate Esters from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value, 90 FR
17404 (April 25, 2025).
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On June 2, 2025, the ITC notified Commerce of its final affirmative
determinations that an industry in the United States is materially
injured within the meanings of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act, by reason of subsidized imports of alkyl
phosphate esters from China and by reason of imports of alkyl phosphate
esters that are sold in the United States at less than fair value.\2\
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\2\ See ITC's Letter, ``Chair Determinations Letter to
{Commerce{time} --Alkyl Phosphate Esters,'' dated June 2, 2025 (ITC
Notification Letter).
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Scope of the Orders
The products covered by these orders are alkyl phosphate esters
from China. For a complete description of the scope of the orders, see
the appendix to this notice.
Antidumping Duty Order
On June 2, 2025, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of alkyl phosphate
esters that are sold in the United States for less than fair value.
Therefore, in accordance with sections 735(c)(2) and 736 of the Act,
Commerce is issuing this AD order. Because the ITC determined that
imports of alkyl phosphate esters from China are materially injuring a
U.S. industry, unliquidated entries of such merchandise from China,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of alkyl phosphate esters from China. Antidumping
duties will be assessed on unliquidated entries of alkyl phosphate
esters from China entered, or withdrawn from warehouse, for consumption
on or after December 4, 2024, the date of publication of the LTFV
Preliminary Determination,\3\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination, as further
described in the ``Provisional Measures--AD'' section of this notice.
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\3\ 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)
(LTFV Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
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Suspension of Liquidation and Cash Deposits--AD
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of alkyl
phosphate esters from China effective the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
These instructions suspending liquidation will remain in effect until
further notice. Commerce also intends to instruct CBP to require cash
deposits equal to the estimated weighted-average dumping margins
indicated in the table below. The rate for the China-wide entity
applies to all producers and exporters not specifically listed below,
as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Weighted-
average Cash deposit rate
Producer Exporter dumping (adjusted for
margin subsidy offsets)
percent) (percent)
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Anhui RunYue Technology Co., Ltd.............. Anhui RunYue Technology Co., Ltd. 254.60 167.46
Zhejiang Wansheng Co., Ltd. Co. Ltd........... Zhejiang Wansheng Co., Ltd....... 152.38 126.45
Xinji Hongzheng Chemical Co., Ltd............. ACETO (SHANGHAI) LTD............. 174.40 135.28
Anhui Shengli Pesticide & Chemistry Co., Ltd.. Anhui Shengli Import and Export 174.40 135.28
Co., Ltd.
Ningguo Long Day Chemical Co., Ltd............ Anhui Shengli Import and Export 174.40 135.28
Co., Ltd.
Fujian Wynca Technology Co., Ltd.............. Fujian Wynca Technology Co., Ltd. 174.40 135.28
Anhui RunYue Technology Co., Ltd.............. Fujian Wynca Technology Co., Ltd. 174.40 135.28
Shandong Yarong Chemical Co., Ltd............. Fujian Wynca Technology Co., Ltd. 174.40 135.28
Shandong Yarong Chemical Co., Ltd............. Shandong Yarong Chemical Co., Ltd 174.40 135.28
Futong Chemical Co., Ltd...................... Shanghai Iroyal Chemical Co., Ltd 174.40 135.28
Fujian Wynca Technology Co., Ltd.............. Shanghai Iroyal Chemical Co., Ltd 174.40 135.28
Zhejiang Hong Hao Technology Co., Ltd......... Shanghai Iroyal Chemical Co., Ltd 174.40 135.28
Shandong Yarong Chemical Co., Ltd............. Shanghai Iroyal Chemical Co., Ltd 174.40 135.28
Xuancheng City Trooyawn Refined Chemical Shanghai Iroyal Chemical Co., Ltd 174.40 135.28
Industry Co., Ltd.
Hebei Zhenxing Chemical and Rubber Co., Ltd... Shanghai Yongxiangshun 174.40 135.28
International Trade Co., Ltd.
Xuancheng City Trooyawn Refined Chemical Xuancheng City Trooyawn Refined 174.40 135.28
Industry Co., Ltd. Chemical Industry Co., Ltd.
Jiangsu Yoke Technology Co., Ltd.............. Yoke Chemicals and New Materials 174.40 135.28
(Shanghai) Co. Ltd.
Nantong Jiangshan Agrochemical & Chemicals Zhangjiagang Fortune Chemical 174.40 135.28
Limited Liability Co., Ltd. Co., Ltd.
Shandong Yarong Chemical Co., Ltd............. Zhangjiagnag Fortune Chemical 174.40 135.28
Co., Ltd.
China-wide Entity............................. ................................. * 269.02 243.09
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* Rate based on facts available with adverse inferences.
[[Page 24581]]
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the LTFV Preliminary Determination on December 4,
2024.
The provisional measures period, beginning on the date of
publication of the LTFV Preliminary Determination, ended on June 2,
2025. Therefore, in accordance with section 733(d) of the Act and our
practice,\4\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of alkyl phosphate esters from China entered, or
withdrawn from warehouse, for consumption after June 2, 2025, the final
day on which the provisional measures were in effect, until and through
the day preceding the date of publication of the ITC's final
affirmative injury determination in the Federal Register. Suspension of
liquidation and the collection of cash deposits will resume on the date
of publication of the ITC's final determination in the Federal
Register.
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\4\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Countervailing Duty Order
As stated above, on June 2, 2025, the ITC notified Commerce of its
final determinations that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of alkyl phosphate esters from
China.\5\ Therefore, in accordance with section 705(c)(2) of the Act,
Commerce is issuing this countervailing duty order. Moreover, because
the ITC determined that imports of alkyl phosphate esters from China
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of countervailing duties.
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\5\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct U.S. Customs and Border Protection (CBP) to assess,
upon further instruction by Commerce, countervailing duties on
unliquidated entries of alkyl phosphate esters from China entered, or
withdrawn from warehouse, for consumption on or after October 1, 2024,
the date of the publication of the CVD Preliminary Determination,\6\
but will not include entries occurring after the expiration of the
provisional measures and before the publication in the Federal Register
of the ITC's final injury determination under section 705(b) of the
Act, as further described in the ``Provisional Measures--CVD'' section
of this notice.
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\6\ See Certain Alkyl Phosphate Esters from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination with Final
Antidumping Duty Determination, 89 FR 80870 (October 1, 2024) (CVD
Preliminary Determination).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of alkyl
phosphate esters from China, effective on the date of publication of
the ITC's final affirmative injury determination in the Federal
Register, and to assess, upon further instruction by Commerce, pursuant
to section 706(a)(1) of the Act, countervailing duties for each entry
of the subject merchandise in an amount based on the net
countervailable subsidy rate for the subject merchandise. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, CBP will require, at the same time as importers would
normally deposit estimated duties on the subject merchandise, a cash
deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\7\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows:
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Subsidy rate
Company (percent ad valorem)
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Anhui RunYue Technology Co., Ltd.; Yixing RunYue 117.51
Enterprise Management Co., Ltd.\8\...............
Zhejiang Wansheng Co., Ltd.\9\.................... 81.82
Zhejiang Wanda Tools Group Corp................... * 491.21
All Others........................................ 91.07
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* Rate is based on facts available with adverse inferences.
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on October 1, 2024.\10\ As such, the four-
month period beginning on the date of the publication of the
Preliminary Determinations ended on February 1, 2025.
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\8\ As discussed in the CVD Preliminary Determination, we found
that Anhui RunYue is cross-owned with Yixing RunYue Enterprise
Management Co., Ltd. For this final determination, Commerce
continues to find that these companies are cross-owned.
\9\ As discussed in the CVD Preliminary Determination, we found
that Zhejiang Wansheng is cross-owned with certain companies;
because the identity of these two companies is business proprietary,
the calculated subsidy rate applies only to Zhejiang Wansheng.
\10\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of alkyl phosphate esters from China entered, or withdrawn from
warehouse, for consumption after February 2, 2025, the date on which
the provisional measures were no longer in effect, until and through
the day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash
[[Page 24582]]
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\11\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\12\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for an order published
in the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \13\
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\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\14\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\14\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioner and the Government of China (GOC) should submit
their initial entries of appearance after publication of this notice in
order to appear in the first annual inquiry service lists for this
order. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the GOC
will not need to resubmit their entries of appearance each year to
continue to be included on the annual inquiry service list. However,
the petitioner and the GOC are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to alkyl
phosphate esters from China pursuant to sections 736(a) and 706(a) of
the Act. Interested parties can find a list of duty orders currently in
effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
These orders are published in accordance with sections 736(a) and
706(a) of the Act, and 19 CFR 351.211(b).
Dated: June 5, 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 Orders
The products covered by these orders 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[middot]s (at 20-25 [deg]C).
Merchandise subject to these orders 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>C<INF>l3</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>C<INF>l6</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 orders 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 orders 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.
[FR Doc. 2025-10630 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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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.