Certain Alkyl Phosphate Esters From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 43801-43806 [2024-10934]
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–52–2024]
Approval of Subzone Status; Jubilant
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Washington
On March 19, 2024, the Executive
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application to establish Subzone 224A
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to the FTZ Act and the Board’s
regulations, including section 400.13,
and further subject to FTZ 224’s 2,000acre activation limit.
Dated: May 15, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–11007 Filed 5–17–24; 8:45 am]
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[FR Doc. 2024–10940 Filed 5–17–24; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–168]
Certain Alkyl Phosphate Esters From
the People’s Republic of China:
Initiation of Less-Than-Fair-Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer, 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) 482–9068.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 23 and 24, 2024, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of certain
alkyl phosphate esters (alkyl phosphate
esters) from the People’s Republic of
China (China) filed in proper form on
behalf of ICL–IP America, Inc. (the
petitioner).1 The Petition was
1 See Petitioner’s Letters, ‘‘Antidumping and
Countervailing Duty Petitions,’’ dated April 23,
2024 (the Petition); and ‘‘Errata to Antidumping and
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
accompanied by a countervailing duty
(CVD) petition concerning imports of
alkyl phosphate esters from China.2
Between April 25 and May 2, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in supplemental
questionnaires.3 The petitioner
responded to Commerce’s supplemental
questionnaires between April 29 and
May 3, 2024.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of alkyl phosphate esters from China are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the alkyl
phosphate esters industry in the United
States. Consistent with section 732(b)(1)
of the Act, the Petition was
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.a
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigation.5
Period of Investigation
Because the Petition was filed on
April 23, 2024, and because China is a
non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
period of investigation (POI) for the
China LTFV investigation is October 1,
2023, through March 31, 2024.
Scope of the Investigation
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The products covered by this
investigation are alkyl phosphate esters
from China. For a full description of the
scope of this investigation, see the
appendix to this notice.
Countervailing Duty Petitions,’’ dated April 24,
2024.
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated April 25, 2024; and
‘‘Supplemental Questions,’’ dated April 25, 2024;
see also Memorandum, ‘‘Phone Call with Counsel
to Petitioner,’’ dated May 2, 2024.
4 See Petitioner’s Letters, ‘‘Responses to Petition
Supplemental Questionnaires,’’ dated April 29,
2024 (First General Issues Supplement); and
‘‘Responses to China AD Questionnaire,’’ dated
April 29, 2024; ‘‘Responses to Second Petition
Supplemental Questionnaire,’’ dated May 3, 2024;
and ‘‘Responses to Second Petition Supplemental
Questionnaires,’’ dated May 3, 2024.
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
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Comments on the Scope of the
Investigation
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).6 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
include factual information,7 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on June 3, 2024,
which is the next business day after 20
calendar days from the signature date of
this notice.8 Any rebuttal comments,
which may include factual information,
and should also be limited to public
information, must be filed by 5:00 p.m.
ET on June 13, 2024, which is 10
calendar days from the initial comment
deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of this
investigation be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent LTFV and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.9 An
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
8 The deadline for scope comments falls on June
2, 2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept
comments filed by 5:00 p.m. ET on June 3, 2024
(‘‘For both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
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electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of alkyl phosphate esters to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on June 3, 2024,
which is the next business day after 20
calendar days from the signature date of
this notice.10 Any rebuttal comments
must be filed by 5:00 p.m. ET on June
13, 2024, which is 10 calendar days
from the initial comment deadline. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of the LTFV investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
10 The deadline for product characteristics
comments falls on June 2, 2024, which is a Sunday.
In accordance with 19 CFR 351.303(b)(1),
Commerce will accept comments filed by 5:00 p.m.
ET on June 3, 2024 (‘‘For both electronically filed
and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary
will accept documents that are filed on the next
business day.’’).
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producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,11 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.13 Based on our analysis of
the information submitted on the
record, we have determined that alkyl
phosphate esters, as defined in the
scope, constitute a single domestic like
product, and we have analyzed industry
11 See
section 771(10) of the Act.
12 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
13 See Petition at Volume I (pages 15–17 and
Exhibits I–4 and I–6); see also First General Issues
Supplement at 11–15.
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19:14 May 17, 2024
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support in terms of that domestic like
product.14
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2023.15 The petitioner asserts that
there are currently no other known
producers of alkyl phosphate esters in
the United States; therefore, the Petition
is supported by 100 percent of the U.S.
industry.16 We relied on data provided
by the petitioner for purposes of
measuring industry support.17
Our review of the data provided in the
Petition, the First General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petition.18 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
14 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist, ‘‘Certain
Alkyl Phosphate Esters from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (China AD Initiation
Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Alkyl Phosphate
Esters from the People’s Republic of China. This
checklist is on file electronically via ACCESS.
15 See Petition at Volume I (Exhibit I–11); see also
First General Issues Supplement at 10–11.
16 See Petition at Volume I (pages 3–5 and
Exhibits I–1, I–2, and I–8); see also First General
Issues Supplement at 7–11 and Exhibit I–17.
17 See Petition at Volume I (pages 3–5 and
Exhibits I–1, I–2, and I–8, and I–11); see also First
General Issues Supplement at 7–11 and Exhibit I–
17. For further discussion, see Attachment II of the
China AD Initiation Checklist.
18 See Attachment II of the China AD Initiation
Checklist.
19 Id.; see also section 732(c)(4)(D) of the Act.
20 See Attachment II of the China AD Initiation
Checklist.
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43803
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.21 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.23
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
negative impact on domestic industry
capacity, capacity utilization, and
employment; and negative impact on
domestic industry sales revenue and
operating profits.24 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.25
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
an LTFV investigation of imports of
alkyl phosphate esters from China. The
sources of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the China AD Initiation
Checklist.
U.S. Price
The petitioner based export price (EP)
on pricing information for sales, or
21 Id.
22 Id.
23 See Petition at Volume I (page 18 and Exhibit
I–10).
24 Id. at 18–34 and Exhibits I–1, I–3, I–4, I–8, and
I–10 through I–13.
25 See China AD Initiation Checklist at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Alkyl Phosphate Esters from the
People’s Republic of China.
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offers for sale, of alkyl phosphate esters
produced in and exported from China.26
The petitioner also based EP on the
average unit value derived from official
import statistics for imports of alkyl
phosphate esters from China into the
United States during the POI.27 The
petitioner made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price, where applicable.28
Normal Value
Commerce considers China to be an
NME country.29 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
the China LTFV investigation.
Accordingly, we base NV on FOPs
valued in a surrogate market economy
country in accordance with section
773(c) of the Act.
The petitioner claims that the
Republic of Türkiye (Türkiye) is an
appropriate surrogate country for China
because it is a market economy that is
at a level of economic development
comparable to that of China and is a
significant producer of comparable
merchandise.30 The petitioner provided
publicly available information from
Türkiye to value all FOPs (except
propylene oxide).31 To value propylene
oxide, the petitioner provided import
statistics from another surrogate
country, Malaysia.32 Based on the
information provided by the petitioner,
we believe it is appropriate to use
Türkiye as a surrogate country for China
to value all FOPs (except propylene
oxide) and Malaysia to value propylene
oxide for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
26 See
China AD Initiation Checklist.
27 Id.
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28 Id.
29 See, e.g., Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 88 FR
15372 (March 13, 2023), and accompanying
Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative
Determination of Critical Circumstances, 88 FR
34485 (May 30, 2023).
30 See China AD Initiation Checklist.
31 Id.
32 Id.
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19:14 May 17, 2024
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days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioner used productspecific consumption rates from a U.S.
producer of alkyl phosphate esters as a
surrogate to value Chinese
manufacturers’ FOPs.33 Additionally,
the petitioner calculated factory
overhead, selling, general, and
administrative expenses, and profit
based on the experience of a Turkish
producer of comparable merchandise.34
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of alkyl phosphate esters from
China are being, or are likely to be, sold
in the United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margins range
from 86.45 to 171.61 percent ad
valorem.35
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental
questionnaire responses, we find that
they meet the requirements of section
732 of the Act. Therefore, we are
initiating an LTFV investigation to
determine whether imports of alkyl
phosphate esters from China are being,
or are likely to be, sold in the United
States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19
CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 140 days
after the date of these initiations.
Respondent Selection
In the Petition, the petitioner named
65 companies in China as producers
and/or exporters of alkyl phosphate
esters.36 Our standard practice for
respondent selection in AD
investigations involving NME countries
is to select respondents based on
quantity and value (Q&V)
questionnaires in cases where
Commerce has determined that the
number of companies is large, and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and/or exporters identified in
33 Id.
34 Id.
35 Id.
36 See Petition at Volume I (page 14 and Exhibit
I–8); see also First General Issues Supplement at 1
and Exhibit I–8.
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the Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
determines that the number is large and
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 65 Chinese
producers and/or exporters identified in
the Petition, Commerce has determined
that it will issue Q&V questionnaires to
the largest producers and/or exporters
that are identified in the U.S. Customs
and Border Protection data for which
there is complete address information
on the record.37
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
alkyl phosphate esters from China that
do not receive Q&V questionnaires may
still submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Commerce’s website. Responses to the
Q&V questionnaire must be submitted
by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on
May 28, 2024, which is the next
business day after two weeks from the
signature date of this notice.38 All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b). As
stated above, instructions for filing such
applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
37 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated May 8, 2024.
38 The Q&V questionnaire response deadline falls
on May 27, 2024, which is a federal holiday. In
accordance with 19 CFR 351.303(b)(1), Commerce
will accept Q&V questionnaire responses filed by
5:00 p.m. ET on May 28, 2024 (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’)
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website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice. Exporters and producers must
file a timely separate rate application if
they want to be considered for
individual examination. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
to receive consideration for separate rate
status. Companies not filing a timely
Q&V questionnaire response will not
receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.39
lotter on DSK11XQN23PROD with NOTICES1
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
Government of China via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the Petition to each exporter named
39 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), at 6 (emphasis added),
available on Commerce’s website at https://
access.trade.gov/Resources/policy/bull05-1.pdf.
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19:14 May 17, 2024
Jkt 262001
in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
alkyl phosphate esters from China are
materially injuring, or threatening
material injury to, a U.S. industry.40 A
negative ITC determination will result
in the investigation being terminated.41
Otherwise, this LTFV investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)-(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 42 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.43 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
40 See
section 733(a) of the Act.
41 Id.
42 See
43 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00006
Fmt 4703
Sfmt 4703
43805
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.44 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.45
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.46
Parties must use the certification
formats provided in 19 CFR
351.303(g).47 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
44 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
45 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
46 See section 782(b) of the Act.
47 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).48
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: May 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
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 °C).
Merchandise subject to this investigation
primarily includes Tris (2-chloroisopropyl)
phosphate (TCPP), Tris (1,3dichloroisopropyl) phosphate (TDCP), and
Triethyl Phosphate (TEP).
TCPP is also known as Tris (1-chloro-2propyl) phosphate, Tris (1-chloropropan-2-yl)
phosphate, Tris (monochloroisopropyl)
phosphate (TMCP), and Tris (2chloroisopropyl) 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 (1,3dichloroisopropyl) phosphate, Tris (1,3dichloro-2-propyl) phosphate, Chlorinated
tris, tris {2- chloro-1-(chloromethyl ethyl)}
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
48 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
19:14 May 17, 2024
Jkt 262001
written description of the scope is
dispositive.
DEPARTMENT OF COMMERCE
[FR Doc. 2024–10934 Filed 5–17–24; 8:45 am]
International Trade Administration
BILLING CODE 3510–DS–P
[A–549–848]
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Rescission of Antidumping
and Countervailing Duty
Administrative Reviews; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
ACTION:
Notice; correction.
The U.S. Department of
Commerce (Commerce) published a
notice of rescission of antidumping and
countervailing duty administrative
reviews in the Federal Register of April
15, 2024, in which Commerce
inadvertently placed the countervailing
duty order Forged Steel Fittings from
The People’s Republic of China (C–570–
068) under the header, ‘‘India’’ instead
of the correct header, ‘‘The People’s
Republic of China.’’
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of April 15,
2024, in FR Doc. 2024–07856 at 89 FR
26126, the table should have included
the countervailing duty order on Forged
Steel Fittings from The People’s
Republic of China (C–570–068) and the
period of review for 1/1/2023–12/31/
2023 under the header, ‘‘The People’s
Republic of China.’’ This serves as a
correction notice.
Notification to Interested Parties
This notice is issued and published in
accordance with section(s) 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: May 15, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–11030 Filed 5–17–24; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Truck and Bus Tires From Thailand:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Negative Determination of
Critical Circumstances, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that truck and bus tires from
Thailand are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2022,
through September 30, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable May 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Jonathan Schueler,
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) 482–1537 or
(202) 482–9175, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 14, 2023.1 On December 4,
2023, we selected Bridgestone
Corporation (Bridgestone) and Prinx
Chengshan Tire (Thailand) Co., Ltd.
(Prinx) as mandatory respondents in
this investigation.2 On February 8, 2024,
Commerce postponed the preliminary
determination of this investigation until
May 14, 2024.3 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.4 A list of topics included
1 See Truck and Bus Tires from Thailand:
Initiation of Less-Than-Fair-Value Investigation, 88
FR 77960 (November 14, 2023) (Initiation Notice).
2 See Memorandum, ‘‘Respondent Selection,’’
dated December 4, 2023.
3 See Truck and Bus Tires from Thailand:
Postponement of Preliminary Determination in the
Less-Than-Fair-Value Investigation, 89 FR 8649
(February 8, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Truck and Bus Tires
from Thailand,’’ dated concurrently with, and
E:\FR\FM\20MYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43801-43806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10934]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168]
Certain Alkyl Phosphate Esters From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482-9068.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23 and 24, 2024, the U.S. Department of Commerce
(Commerce) received an antidumping duty (AD) petition concerning
imports of certain alkyl phosphate esters (alkyl phosphate esters) from
the People's Republic of China (China) filed in proper form on behalf
of ICL-IP America, Inc. (the petitioner).\1\ The Petition was
[[Page 43802]]
accompanied by a countervailing duty (CVD) petition concerning imports
of alkyl phosphate esters from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letters, ``Antidumping and Countervailing
Duty Petitions,'' dated April 23, 2024 (the Petition); and ``Errata
to Antidumping and Countervailing Duty Petitions,'' dated April 24,
2024.
\2\ Id.
---------------------------------------------------------------------------
Between April 25 and May 2, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ The petitioner responded to Commerce's
supplemental questionnaires between April 29 and May 3, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 25, 2024; and ``Supplemental Questions,'' dated April 25,
2024; see also Memorandum, ``Phone Call with Counsel to
Petitioner,'' dated May 2, 2024.
\4\ See Petitioner's Letters, ``Responses to Petition
Supplemental Questionnaires,'' dated April 29, 2024 (First General
Issues Supplement); and ``Responses to China AD Questionnaire,''
dated April 29, 2024; ``Responses to Second Petition Supplemental
Questionnaire,'' dated May 3, 2024; and ``Responses to Second
Petition Supplemental Questionnaires,'' dated May 3, 2024.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of alkyl
phosphate esters from China are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the alkyl
phosphate esters industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition was accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act.\a\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 23, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China LTFV
investigation is October 1, 2023, through March 31, 2024.
Scope of the Investigation
The products covered by this investigation are alkyl phosphate
esters from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\7\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on June 3, 2024, which is the next business day after 20
calendar days from the signature date of this notice.\8\ Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on June
13, 2024, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ The deadline for scope comments falls on June 2, 2024, which
is a Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will
accept comments filed by 5:00 p.m. ET on June 3, 2024 (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\9\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of alkyl phosphate esters
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on June
3, 2024, which is the next business day after 20 calendar days from the
signature date of this notice.\10\ Any rebuttal comments must be filed
by 5:00 p.m. ET on June 13, 2024, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the LTFV investigation.
---------------------------------------------------------------------------
\10\ The deadline for product characteristics comments falls on
June 2, 2024, which is a Sunday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments filed by 5:00 p.m. ET
on June 3, 2024 (``For both electronically filed and manually filed
documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic
[[Page 43803]]
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, Commerce shall: (i) poll the
industry or rely on other information in order to determine if there is
support for the petition, as required by subparagraph (A); or (ii)
determine industry support using a statistically valid sampling method
to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\13\ Based on our analysis of the information
submitted on the record, we have determined that alkyl phosphate
esters, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\14\
---------------------------------------------------------------------------
\13\ See Petition at Volume I (pages 15-17 and Exhibits I-4 and
I-6); see also First General Issues Supplement at 11-15.
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Certain Alkyl Phosphate Esters from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (China AD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Alkyl Phosphate Esters from the
People's Republic of China. This checklist is on file electronically
via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023.\15\ The petitioner
asserts that there are currently no other known producers of alkyl
phosphate esters in the United States; therefore, the Petition is
supported by 100 percent of the U.S. industry.\16\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\17\
---------------------------------------------------------------------------
\15\ See Petition at Volume I (Exhibit I-11); see also First
General Issues Supplement at 10-11.
\16\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2,
and I-8); see also First General Issues Supplement at 7-11 and
Exhibit I-17.
\17\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2,
and I-8, and I-11); see also First General Issues Supplement at 7-11
and Exhibit I-17. For further discussion, see Attachment II of the
China AD Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\18\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\21\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See Attachment II of the China AD Initiation Checklist.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the China AD Initiation Checklist.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
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\23\ See Petition at Volume I (page 18 and Exhibit I-10).
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; negative impact on domestic industry capacity, capacity
utilization, and employment; and negative impact on domestic industry
sales revenue and operating profits.\24\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\25\
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\24\ Id. at 18-34 and Exhibits I-1, I-3, I-4, I-8, and I-10
through I-13.
\25\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Alkyl Phosphate Esters from the People's Republic
of China.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of alkyl phosphate esters from China. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
China AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
sales, or
[[Page 43804]]
offers for sale, of alkyl phosphate esters produced in and exported
from China.\26\ The petitioner also based EP on the average unit value
derived from official import statistics for imports of alkyl phosphate
esters from China into the United States during the POI.\27\ The
petitioner made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price, where applicable.\28\
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\26\ See China AD Initiation Checklist.
\27\ Id.
\28\ Id.
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Normal Value
Commerce considers China to be an NME country.\29\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\29\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that the Republic of T[uuml]rkiye
(T[uuml]rkiye) is an appropriate surrogate country for China because it
is a market economy that is at a level of economic development
comparable to that of China and is a significant producer of comparable
merchandise.\30\ The petitioner provided publicly available information
from T[uuml]rkiye to value all FOPs (except propylene oxide).\31\ To
value propylene oxide, the petitioner provided import statistics from
another surrogate country, Malaysia.\32\ Based on the information
provided by the petitioner, we believe it is appropriate to use
T[uuml]rkiye as a surrogate country for China to value all FOPs (except
propylene oxide) and Malaysia to value propylene oxide for initiation
purposes.
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\30\ See China AD Initiation Checklist.
\31\ Id.
\32\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used product-specific consumption rates from a U.S. producer
of alkyl phosphate esters as a surrogate to value Chinese
manufacturers' FOPs.\33\ Additionally, the petitioner calculated
factory overhead, selling, general, and administrative expenses, and
profit based on the experience of a Turkish producer of comparable
merchandise.\34\
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\33\ Id.
\34\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of alkyl phosphate esters from China are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins range from 86.45 to 171.61 percent
ad valorem.\35\
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\35\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of alkyl phosphate esters
from China are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petition, the petitioner named 65 companies in China as
producers and/or exporters of alkyl phosphate esters.\36\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on quantity and value (Q&V)
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 65 Chinese producers and/or exporters identified
in the Petition, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters that are
identified in the U.S. Customs and Border Protection data for which
there is complete address information on the record.\37\
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\36\ See Petition at Volume I (page 14 and Exhibit I-8); see
also First General Issues Supplement at 1 and Exhibit I-8.
\37\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated May 8, 2024.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of alkyl phosphate esters from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on May 28, 2024, which is the next
business day after two weeks from the signature date of this
notice.\38\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
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\38\ The Q&V questionnaire response deadline falls on May 27,
2024, which is a federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept Q&V questionnaire responses
filed by 5:00 p.m. ET on May 28, 2024 (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.'')
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's
[[Page 43805]]
website at https://access.trade.gov/Resources/nme/nme-sep-rate.html.
The separate rate application will be due 30 days after publication of
this initiation notice. Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response both to the Q&V questionnaire and to the separate rate
application by the respective deadlines to receive consideration for
separate rate status. Companies not filing a timely Q&V questionnaire
response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\39\
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\39\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of alkyl phosphate esters from China are
materially injuring, or threatening material injury to, a U.S.
industry.\40\ A negative ITC determination will result in the
investigation being terminated.\41\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\44\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its
[[Page 43806]]
requirements pertaining to the service of documents in 19 CFR
351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 13, 2024.
Ryan Majerus,
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 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.
[FR Doc. 2024-10934 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P
