Certain Alkyl Phosphate Esters from the People's Republic of China: Initiation of Countervailing Duty Investigation, 43821-43825 [2024-10935]

Download as PDF Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices Dated: May 14, 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 Investigations The merchandise covered by these investigations is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. These investigations cover crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, buildingintegrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the investigations. Excluded from the scope of the investigations are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of the investigations are crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Additionally, excluded from the scope of the investigations are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports. Also excluded from the scope of the investigations are: (1) Off grid CSPV panels in rigid form with a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm2 per panel; (C) do VerDate Sep<11>2014 19:14 May 17, 2024 Jkt 262001 not include a built-in inverter; (D) must include a permanently connected wire that terminates in either an 8 mm male barrel connector, or a two-port rectangular connector with two pins in square housings of different colors; (E) must include visible parallel grid collector metallic wire lines every 1–4 millimeters across each solar cell; and (F) must be in individual retail packaging (for purposes of this provision, retail packaging typically includes graphics, the product name, its description and/or features, and foam for transport); and (2) Off grid CSPV panels without a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm2 per panel; (C) do not include a built-in inverter; (D) must include visible parallel grid collector metallic wire lines every 1–4 millimeters across each solar cell; and (E) each panel is (1) permanently integrated into a consumer good; (2) encased in a laminated material without stitching, or (3) has all of the following characteristics: (i) the panel is encased in sewn fabric with visible stitching, (ii) includes a mesh zippered storage pocket, and (iii) includes a permanently attached wire that terminates in a female USB–A connector. In addition, the following CSPV panels are excluded from the scope of the investigations: off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) a total power output of no more than 80 watts per panel; (B) a surface area of less than 5,000 square centimeters (cm2) per panel; (C) do not include a built-in inverter; (D) do not have a frame around the edges of the panel; (E) include a clear glass back panel; and (F) must include a permanently connected wire that terminates in a twoport rectangular connector. Additionally excluded from the scope of these investigations are off-grid small portable crystalline silicon photovoltaic panels, with or without a glass cover, with the following characteristics: (1) a total power output of 200 watts or less per panel; (2) a maximum surface area of 16,000 cm2 per panel; (3) no built-in inverter; (4) an integrated handle or a handle attached to the package for ease of carry; (5) one or more integrated kickstands for easy installation or angle adjustment; and (6) a wire of not less than 3 meters either permanently connected or attached to the package that terminates in an 8 mm diameter male barrel connector. Also excluded from the scope of these investigations are off-grid crystalline silicon photovoltaic panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) a total power output of no more than 180 watts per panel at 155 degrees Celsius; (B) a surface area of less than 16,000 square centimeters (cm2) per panel; (C) include a keep-out area of approximately 1,200 cm2 around the edges of the panel that does not contain solar cells; (D) do not PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 43821 include a built-in inverter; (E) do not have a frame around the edges of the panel; (F) include a clear glass back panel; (G) must include a permanently connected wire that terminates in a two-port rounded rectangular, sealed connector; (H) include a thermistor installed into the permanently connected wire before the twoport connector; and (I) include exposed positive and negative terminals at opposite ends of the panel, not enclosed in a junction box. Modules, laminates, and panels produced in a third-country from cells produced in a subject country are covered by the investigations; however, modules, laminates, and panels produced in a subject country from cells produced in a third-country are not covered by the investigations. Also excluded from the scope of these investigations are all products covered by the scope of the antidumping and countervailing duty orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Countervailing Duty Order, 77FR 7,017 (December 7, 2012). Merchandise covered by the investigations is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject merchandise may enter under HTSUS subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and 8507.20.8091. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the investigations is dispositive. [FR Doc. 2024–11027 Filed 5–17–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–169] Certain Alkyl Phosphate Esters from the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 13, 2024. FOR FURTHER INFORMATION CONTACT: Benjamin Nathan, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3834. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\20MYN1.SGM 20MYN1 43822 Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices The Petition lotter on DSK11XQN23PROD with NOTICES1 On April 23, 2024, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) 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 CVD petition was accompanied by an antidumping duty (AD) 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.3 Between April 29 and May 3, 2024, the petitioner filed responses to these requests for additional information.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of alkyl phosphate esters from China, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing alkyl phosphate esters in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, 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. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.5 1 See Petitioner’s Letter, ‘‘Antidumping and Countervailing Duty Petition,’’ dated April 23, 2024 (the Petition); and ‘‘Errata to Antidumping and Countervailing Duty Petition,’’ dated April 24, 2024. 2 Id. 3 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated April 25, 2024; ‘‘Supplemental Questions,’’ dated April 25, 2024 (General Issues Questionnaire); and ‘‘Supplemental Questions,’’ dated April 29, 2024; see also Memorandum, ‘‘Phone Call with Counsel to Petitioner,’’ dated May 2, 2024 (May 2 Memorandum). 4 See Petitioner’s Letters, ‘‘Responses to General Issues Questionnaire,’’ dated April 29, 2024 (First General Issues Supplement); ‘‘Responses to Countervailing Duty Petition Supplemental Questionnaire,’’ dated May 2, 2024; and ‘‘Responses to Second Petition Supplemental Questionnaire,’’ dated May 3, 2024 (Second General Issues Supplement). 5 See section on ‘‘Determination of Industry Support for the Petition,’’ infra. VerDate Sep<11>2014 19:14 May 17, 2024 Jkt 262001 Period of Investigation Because the Petition was filed on April 23, 2024, the period of investigation (POI) for China is January 1, 2023, through December 31, 2023.6 Scope of the Investigation The merchandise covered by this investigation is 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 On April 25 and May 2, 2024, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 On April 29 and May 3, 2024, the petitioner provided clarifications and revised the scope.8 The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. 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).9 Commerce will consider all 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, all such factual information should be limited to public information.10 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.11 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on June 6 See 19 CFR 351.204(b)(2). General Issues Questionnaire; see also May 2 Memorandum. 8 See First General Issues Supplement at 2–7 and Exhibits I–15 and I–16; see also Second General Issues Supplement at 1–2. 9 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 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.’’). 7 See PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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 the investigation be submitted during that time 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 AD 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.12 An electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOC of the receipt of the Petition and provided an opportunity for consultations with respect to the Petition.13 On April 29, 2024, the GOC submitted comments on the Petition in lieu of consultations.14 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 12 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. 13 See Commerce’s Letter ‘‘Invitation for Consultation to Discuss the Countervailing Duty Petition on Certain Alkyl Phosphate Esters from the People’s Republic of China,’’ dated April 25, 2024. 14 See GOC’s Letter, ‘‘China-USA Consultations with Respect to Possible Initiation of Countervailing Investigation Against Imports of Alkyl Phosphate Esters from China,’’ dated May 8, 2024. E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic 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 apply the same statutory definition regarding the domestic like product,15 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.16 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.17 Based on our analysis of the information submitted on the record, we have determined that alkyl phosphate esters, as defined in the 15 See section 771(10) of the Act. 16 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)). 17 See Petition at Volume I (pages 15–17 and Exhibits I–4 and I–6); see also First General Issues Supplement at 11–15. VerDate Sep<11>2014 19:14 May 17, 2024 Jkt 262001 scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.18 In determining whether the petitioner has standing under section 702(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 2023.19 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.20 We relied on data provided by the petitioner for purposes of measuring industry support.21 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.22 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 to evaluate industry support (e.g., polling).23 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.24 Finally, the domestic producers (or workers) have met the statutory criteria for industry support 18 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 CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petition Covering Certain Alkyl Phosphate Esters from the People’s Republic of China. This checklist is on file electronically via ACCESS. 19 See Petition at Volume I (Exhibit I–11); see also First General Issues Supplement at 10–11. 20 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. 21 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 CVD Initiation Checklist 22 See Attachment II of the China CVD Initiation Checklist. 23 Id.; see also section 702(c)(4)(D) of the Act. 24 See Attachment II of the China CVD Initiation Checklist. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 43823 under section 702(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.25 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.26 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports from China exceed the negligibility threshold provided for under section 771(24)(A) of the Act.27 The petitioner contends that the industry’s injured condition is illustrated by the 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.28 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.29 25 Id. 26 Id. 27 See Petition at Volume I (page 18 and Exhibit I–10). 28 Id. at 18–34 and Exhibits I–1, I–3, I–4, I–8, and I–10 through I–13. 29 See China CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petition Covering Certain Alkyl Phosphate Esters from the People’s Republic of China. E:\FR\FM\20MYN1.SGM 20MYN1 lotter on DSK11XQN23PROD with NOTICES1 43824 Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices Initiation of CVD Investigation Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of alkyl phosphate esters from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 41 of the programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://www.trade.gov/administrativeprotective-orders. Respondent Selection. In the Petition, the petitioner identified 65 companies in China as producers and/or exporters of alkyl phosphate esters.30 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event that Commerce determines that the number of companies is large and it cannot individually examine each company based on Commerce’s resources, where appropriate, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of alkyl phosphate esters during the POI under the appropriate Harmonized Tariff Schedule of the United States subheadings listed within the ‘‘Scope of the Investigation’’ in the appendix. On May 8, 2024, Commerce released the CBP data for imports of alkyl phosphate esters from China under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of this investigation.31 Comments must be filed electronically using ACCESS. An Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. 30 See Petition at Volume I (page 14 and Exhibit I–8); see also First General Issues Supplement at 1 and Exhibit I–8. 31 See Memorandum, ‘‘Countervailing Duty Petition on Certain Alkyl Phosphate Esters from China: Release of Data from U.S. Customs and Border Protection,’’ dated May 8, 2024. VerDate Sep<11>2014 19:14 May 17, 2024 Jkt 262001 Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC 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 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.32 A negative ITC determination will result in the investigation being terminated.33 Otherwise, this CVD 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 of production 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 34 and, if the information is submitted to rebut, 32 See section 703(a)(1) of the Act. 33 Id. 34 See PO 00000 19 CFR 351.301(b). Frm 00025 Fmt 4703 Sfmt 4703 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.35 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 limit established under 19 CFR 351.301, or as otherwise specified by Commerce.36 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.37 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.38 Parties must use the certification formats provided in 19 CFR 35 See 19 CFR 351.301(b)(2). 19 CFR 351.302. 37 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. 38 See section 782(b) of the Act. 36 See E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices 351.303(g).39 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 letters of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).40 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). lotter on DSK11XQN23PROD with NOTICES1 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. 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. 2024–10935 Filed 5–17–24; 8:45 am] BILLING CODE 3510–DS–P Appendix DEPARTMENT OF COMMERCE 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, Patent and Trademark Office 39 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 40 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 Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Processing The United States Patent and Trademark Office (USPTO) will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comments on this information collection renewal, which helps the USPTO assess the impact of its information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on January 29, 2024 during a 60-day comment period (89 FR 5500). This notice allows for an additional 30 days for public comment. Agency: United States Patent and Trademark Office, Department of Commerce. Title: Patent Processing. OMB Control Number: 0651–0031. Needs and Uses: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 43825 of eighteen months from the earliest filing date for which a benefit is sought under title 35, United States Code (‘‘eighteen-month publication’’). Certain situations may arise which require that additional information be supplied in order for the USPTO to further process the patent or application. The USPTO administers the statutes through various sections of the rules of practice in 37 CFR part 1. During the processing of an application for a patent, the applicant or applicant’s representative may submit additional information to the USPTO concerning the examination of a specific application. For example, the applicant or applicant’s representative may submit: information disclosure statements, petitions for extension of time, express abandonments of applications and petitions to revive abandoned applications, disclaimers, pre-appeal requests for review, petitions to make special, requests for expedited examination of design applications, requests for continued examination, requests to inspect, copy, and access patent applications, and certain transmittal forms. The information in this collection is used by the USPTO to continue the processing of the patent or application to ensure that applicants are complying with the patent regulations and to aid in the prosecution of the application. This also includes situations that require additional information in order for the USPTO to further process the patent or application. For this 30-day notice, the non-hourly cost burdens have been adjusted due to an increase in the postage rates since the 60-day notice was published. The 60day Federal Register notice was published with several form numbers associated with this information collection inadvertently left off. In this notice, the USPTO has included all the form numbers associated with this information collection. Forms: (AIA= America Invents Act; SB = Specimen Book) • PTO/AIA/22 (Petition for Extension of Time under 37 CFR 1.136(a)) • PTO/AIA/24 (Express Abandonment under 37 CFR 1.138) • PTO/AIA/24B (Petition for Express Abandonment to Obtain a Refund) • PTO/AIA/25 (Terminal Disclaimer to Obviate a Provisional Double Patenting Rejection Over a Pending ‘‘Reference’’ Application) • PTO/AIA/26 (Terminal Disclaimer to Obviate a Double Patenting Rejection Over a ‘‘Prior’’ Patent) • PTO/AIA/33 (Pre-Appeal Brief Request for Review) E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43821-43825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10935]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-169]


Certain Alkyl Phosphate Esters from the People's Republic of 
China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable May 13, 2024.

FOR FURTHER INFORMATION CONTACT: Benjamin Nathan, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3834.

SUPPLEMENTARY INFORMATION:

[[Page 43822]]

The Petition

    On April 23, 2024, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) 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 CVD petition was 
accompanied by an antidumping duty (AD) petition concerning imports of 
alkyl phosphate esters from China.\2\
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    \1\ See Petitioner's Letter, ``Antidumping and Countervailing 
Duty Petition,'' dated April 23, 2024 (the Petition); and ``Errata 
to Antidumping and Countervailing Duty Petition,'' dated April 24, 
2024.
    \2\ Id.
---------------------------------------------------------------------------

    Between April 25 and May 2, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ Between 
April 29 and May 3, 2024, the petitioner filed responses to these 
requests for additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 25, 2024; ``Supplemental Questions,'' dated April 25, 2024 
(General Issues Questionnaire); and ``Supplemental Questions,'' 
dated April 29, 2024; see also Memorandum, ``Phone Call with Counsel 
to Petitioner,'' dated May 2, 2024 (May 2 Memorandum).
    \4\ See Petitioner's Letters, ``Responses to General Issues 
Questionnaire,'' dated April 29, 2024 (First General Issues 
Supplement); ``Responses to Countervailing Duty Petition 
Supplemental Questionnaire,'' dated May 2, 2024; and ``Responses to 
Second Petition Supplemental Questionnaire,'' dated May 3, 2024 
(Second General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of alkyl phosphate 
esters from China, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing alkyl 
phosphate esters in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating a CVD investigation, 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. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on April 23, 2024, the period of 
investigation (POI) for China is January 1, 2023, through December 31, 
2023.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is 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

    On April 25 and May 2, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On April 29 and May 3, 2024, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also May 2 Memorandum.
    \8\ See First General Issues Supplement at 2-7 and Exhibits I-15 
and I-16; see also Second General Issues Supplement at 1-2.
---------------------------------------------------------------------------

    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).\9\ Commerce will consider all 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, all such 
factual information should be limited to public information.\10\ 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.\11\ Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on June 13, 
2024, which is 10 calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ 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.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
that time 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 
AD 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.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \12\ 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.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\13\ On 
April 29, 2024, the GOC submitted comments on the Petition in lieu of 
consultations.\14\
---------------------------------------------------------------------------

    \13\ See Commerce's Letter ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Certain Alkyl Phosphate 
Esters from the People's Republic of China,'' dated April 25, 2024.
    \14\ See GOC's Letter, ``China-USA Consultations with Respect to 
Possible Initiation of Countervailing Investigation Against Imports 
of Alkyl Phosphate Esters from China,'' dated May 8, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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

[[Page 43823]]

support for, or opposition to, the petition. Moreover, section 
702(c)(4)(D) of the Act provides that, if the petition does not 
establish support of domestic 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 apply the same statutory definition regarding the domestic like 
product,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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.\17\ 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.\18\
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    \17\ See Petition at Volume I (pages 15-17 and Exhibits I-4 and 
I-6); see also First General Issues Supplement at 11-15.
    \18\ 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 CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petition 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 
702(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.\19\ 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.\20\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\21\
---------------------------------------------------------------------------

    \19\ See Petition at Volume I (Exhibit I-11); see also First 
General Issues Supplement at 10-11.
    \20\ 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.
    \21\ 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 CVD Initiation Checklist
---------------------------------------------------------------------------

    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.\22\ 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 to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(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.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(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.\25\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\26\
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    \22\ See Attachment II of the China CVD Initiation Checklist.
    \23\ Id.; see also section 702(c)(4)(D) of the Act.
    \24\ See Attachment II of the China CVD Initiation Checklist.
    \25\ Id.
    \26\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\27\
---------------------------------------------------------------------------

    \27\ See Petition at Volume I (page 18 and Exhibit I-10).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the 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.\28\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, cumulation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\29\
---------------------------------------------------------------------------

    \28\ Id. at 18-34 and Exhibits I-1, I-3, I-4, I-8, and I-10 
through I-13.
    \29\ See China CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petition 
Covering Certain Alkyl Phosphate Esters from the People's Republic 
of China.

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[[Page 43824]]

Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of alkyl phosphate esters from China benefit from 
countervailable subsidies conferred by the GOC. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 41 of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection.

    In the Petition, the petitioner identified 65 companies in China as 
producers and/or exporters of alkyl phosphate esters.\30\ Commerce 
intends to follow its standard practice in CVD investigations and 
calculate company-specific subsidy rates in this investigation. In the 
event that Commerce determines that the number of companies is large 
and it cannot individually examine each company based on Commerce's 
resources, where appropriate, Commerce intends to select respondents 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
of alkyl phosphate esters during the POI under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed 
within the ``Scope of the Investigation'' in the appendix.
---------------------------------------------------------------------------

    \30\ See Petition at Volume I (page 14 and Exhibit I-8); see 
also First General Issues Supplement at 1 and Exhibit I-8.
---------------------------------------------------------------------------

    On May 8, 2024, Commerce released the CBP data for imports of alkyl 
phosphate esters from China under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment regarding the CBP 
data and/or respondent selection must do so within three business days 
of the publication date of the notice of initiation of this 
investigation.\31\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the specified 
deadline. Commerce will not accept rebuttal comments regarding the CBP 
data or respondent selection.
---------------------------------------------------------------------------

    \31\ See Memorandum, ``Countervailing Duty Petition on Certain 
Alkyl Phosphate Esters from China: Release of Data from U.S. Customs 
and Border Protection,'' dated May 8, 2024.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC 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 its initiation, as required by 
section 702(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.\32\ A negative ITC determination will result in the 
investigation being terminated.\33\ Otherwise, this CVD investigation 
will proceed according to statutory and regulatory time limits.
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    \32\ See section 703(a)(1) of the Act.
    \33\ 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 of production 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 \34\ 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.\35\ 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.
---------------------------------------------------------------------------

    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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.\36\ 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.\37\
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    \36\ See 19 CFR 351.302.
    \37\ 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.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR

[[Page 43825]]

351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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 letters of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\40\
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    \40\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 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. 2024-10935 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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