Methylene Diphenyl Diisocyanate (MDI) From China; Scheduling of the Final Phase of an Antidumping Duty Investigation
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Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1733 (Final) pursuant to the Tariff Act of 1930 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 methylene diphenyl diisocyanate ("MDI") from China, provided for in subheadings 2929.10.80 and 3909.31.00 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.
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<title>Federal Register, Volume 90 Issue 184 (Thursday, September 25, 2025)</title>
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[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Notices]
[Pages 46253-46255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18666]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1733 (Final)]
Methylene Diphenyl Diisocyanate (MDI) From China; Scheduling of
the Final Phase of an Antidumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1733 (Final)
pursuant to the Tariff Act of 1930 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 methylene diphenyl
diisocyanate (``MDI'') from China, provided for in subheadings
2929.10.80 and 3909.31.00 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.
DATES: September 16, 2025.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358),
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 this
investigation may be viewed on the
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Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of this investigation, Commerce has defined
the subject merchandise as methylene diphenyl diisocyanate (MDI), which
is an aromatic polyisocyanate material whose composition includes two
or more isocyanate groups (i.e., functional group containing a nitrogen
atom, a carbon atom, and an oxygen atom bonded together (-NCO))
attached to one or more benzene rings (i.e., flat, symmetrical molecule
made up of six carbon atoms arranged in a hexagonal ring and has the
chemical formula C6H6) that are joined by methylene bridges (i.e., a
carbon atom bound to two hydrogen atoms (-CH2-) and connected by single
bonds to two other distinct atoms in the rest of the molecule). MDI is
commonly called Polymeric, Monomeric, or Modified MDI and may also be
referred to under other names, including Methylene bisphenyl
isocyanate, 4,4'-Diphenylmethane diisocyanate, Methylene di-p-phenylene
ester of isocyanic acid, Methylene bis(4-phenyl isocyanate), and
polymethylene polyphenylene isocyanate. MDI is normally associated with
Chemical Abstracts Service (CAS) registry numbers 9016-87-9, 101-68-8,
5873-54-1, 2536-05-2, 1689576-89-3, 25686-28-6, 26447-40-5, and 39310-
05-9, but several others are also used.
MDI ranges in physical form from low viscosity liquids to solids.
MDI is covered by the scope of this investigation irrespective of
whether it has gone through a distillation process and regardless of
acid content, reactivity, functionality, freeze stability, physical
form, viscosity, grade, purity, molecular weight, or packaging.
MDI may contain additives, such as catalysts, solvents,
plasticizers, antioxidants, fire retardants, colorants, pigments,
diluents, thickeners, fillers, softeners, toughening agents. The scope
does not include mixtures of MDI with other materials, when the
combined MDI component comprises less than 40 percent of the total
weight of the mixture.
MDI may be partially reacted with itself, polyol, or polyamines,
and retain MDI component that has not fully chemically reacted so as to
convert it into a different product no longer containing isocyanate
groups. These products are known as homopolymer, uretonimine MDI,
carbodiimide MDI, or prepolymers. The scope does not include partially
reacted MDI when its NCO content is less than 10 weight percentage.
For MDI that enter as part of a system with separately packaged
resin consisting mostly of a chemical compound that has an OH reactive
group, including polyol, only the MDI portion of the system is included
in the scope. The scope does not include any separately packaged polyol
that would not fall within the scope if entered on its own.
The scope includes merchandise matching the above description that
has been processed in a third country, including by commingling,
diluting, introducing or removing additives, or performing any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the subject country.
The scope also includes MDI that is commingled or blended with MDI
from sources not subject to this investigation. Only the subject
component of such commingled products is covered by the scope of this
investigation.
This merchandise is currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 2929.10.8010 and
3909.31.0000. Subject merchandise may also be entered under subheadings
3824.99.2600, 3909.50.1000, 3909.50.2000, 3909.50.5000, 3824.99.2900,
3506.91.5000, 3911.90.4500, 3921.13.5000, and 3920.99.5000. The HTSUS
subheadings are provided for convenience and customs purposes only; the
written description of the scope is dispositive.
Background.--The final phase of this investigation is being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by Commerce that imports of methylene diphenyl
diisocyanate (mdi) from China 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 investigation was requested in a petition filed on
February 12, 2025, by the MDI Fair Trade Coalition consisting of BASF
Corporation, Florham Park, New Jersey; and The Dow Chemical Company,
Midland, Michigan.
For further information concerning the conduct of this phase of the
investigation, 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 investigation 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 this
investigation 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 investigation 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
investigation.
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 this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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
this investigation will be placed in the nonpublic record on January
12, 2026, 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 this investigation beginning at 9:30 a.m. on Tuesday,
January 27, 2026. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Wednesday,
January 21, 2026. 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
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witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, 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 3:00 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 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 Thursday,
January 22, 2026. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on January 26, 2026. 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 January 20, 2026. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of
section 207.25 of the Commission's rules. The deadline for filing
posthearing briefs is February 3, 2026. In addition, any person who has
not entered an appearance as a party to the investigation may submit a
written statement of information pertinent to the subject of the
investigation, including statements of support or opposition to the
petition, on or before February 3, 2026. On February 20, 2026, 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 February 24, 2026, 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 investigation
must be served on all other parties to the investigation (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: This investigation is 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: September 23, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-18666 Filed 9-24-25; 8:45 am]
BILLING CODE 7020-02-P
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