Dioctyl Terephthalate From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87848-87850 [2024-25640]
Download as PDF
<![CDATA[
87848
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 4 and 8, 2024, pursuant
to 19 CFR 351.210(e), Nan Ya and
Eastman Chemical Company (the
petitioner) requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months,
respectively.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification (ITC)
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these of DOTP from Taiwan are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: October 29, 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 I
Scope of the Investigation
The merchandise covered by this
investigation is dioctyl terephthalate (DOTP),
regardless of form. DOTP that has been
blended with other products is included
within this scope when such blends include
constituent parts that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the DOTP component of the mixture is
covered by the scope of the investigation.
DOTP that is otherwise subject to this
investigation is not excluded when
commingled with DOTP from sources not
subject to this investigation. Commingled
refers to the mixing of subject and nonsubject DOTP. Only the subject component of
such commingled products is covered by the
scope of this investigation.
DOTP has the general chemical
formulation of C6H4 (C8H17COO)2 and a
chemical name of ‘‘bis (2-ethylhexyl)
terephthalate’’ and has a Chemical Abstract
Service (CAS) registry number of 6422–86–2.
Regardless of the label, all DOTP is covered
by this investigation.
Subject merchandise is currently classified
under subheading 2917.39.2000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under subheadings 2917.39.7000
or 3812.20.1000 of the HTSUS. While the
CAS registry number and HTSUS
classifications are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–25642 Filed 11–4–24; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
12 See Nan Ya’s Letter, ‘‘Request for Extension of
Final Determination,’’ dated October 4, 2024; see
also Petitioner’s Letter, ‘‘Petitioner’s Request to
Postpone Final Antidumping Duty
Determinations,’’ dated October 8, 2024.
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–827]
Dioctyl Terephthalate From Malaysia:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that dioctyl terephthalate
(DOTP) from Malaysia is being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is January 1, 2023,
through December 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable November 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan Araya, 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) 482–3401.
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
in the Federal Register on April 22,
2024.1 On July 18, 2024, Commerce
postponed the preliminary
determination of this investigation until
October 29, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for the preliminary
determination is now October 29, 2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
1 See Dioctyl Terephthalate from Malaysia,
Poland, Taiwan, and the Republic of Turkiye:
Initiation of Less-Than-Fair-Value Investigations, 89
FR 29285 (April 22, 2024) (Initiation Notice).
2 See Dioctyl Terephthalate from Malaysia,
Poland, Taiwan, and the Republic of Turkiye:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 89 FR 59891
(July 24, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less Than Fair Value Investigation of Dioctyl
Terephthalate from Malaysia,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is DOTP from Malaysia.
For a complete description of the scope
of this investigation, see Appendix I.
Commerce calculated an estimated
weighted-average dumping margin for
UPC Chemicals (Malaysia) Sdn Bhd.
(UPC MY), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for UPC MY is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Scope Comments
Exporter/producer
In accordance with the Preamble to
Commerce’s regulations,5 in the
Initiation Notice, Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).6
No interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Therefore,
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in a preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
5 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 29286.
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
UPC Chemicals (Malaysia) Sdn
Bhd ..........................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
6.97
6.97
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
87849
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation.7 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.8 Interested
parties who submit case or rebuttal
briefs in this proceeding must submit:
(1) a table of contents listing each issue;
and (2) a table of authorities.9
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.10 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
7 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
8 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
9 See 19 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
E:\FR\FM\05NON1.SGM
05NON1
87850
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the public
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests should
contain the party’s name, address, and
telephone number, the number of
participants and whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 15, 2024, pursuant to 19
CFR 351.210(e), UPC MY requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
11 See
APO and Service Final Rule.
UPC MY’s Letter, ‘‘UPC Chemicals
(Malaysia) SDN Bhd.’s Request to Postpone Final
Antidumping Duty Determination,’’ dated October
15, 2024.
12 See
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification (ITC)
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination of sales
at LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether these imports of DOTP from
Malaysia are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: October 29, 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 I—Scope of the Investigation
The merchandise covered by this
investigation is dioctyl terephthalate (DOTP),
regardless of form. DOTP that has been
blended with other products is included
within this scope when such blends include
constituent parts that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the DOTP component of the mixture is
covered by the scope of the investigations.
DOTP that is otherwise subject to this
investigation is not excluded when
commingled with DOTP from sources not
subject to these investigations. Commingled
refers to the mixing of subject and nonsubject DOTP. Only the subject component of
such commingled products is covered by the
scope of these investigations.
DOTP has the general chemical
formulation of C6H4 (C8H17COO)2 and a
chemical name of ‘‘bis (2-ethylhexyl)
terephthalate’’ and has a Chemical Abstract
Service (CAS) registry number of 6422–86–2.
Regardless of the label, all DOTP is covered
by this investigation.
Subject merchandise is currently classified
under subheading 2917.39.2000 of the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under subheadings 2917.39.7000
or 3812.20.1000 of the HTSUS. While the
CAS registry number and HTSUS
classifications are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–25640 Filed 11–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–889]
Certain Quartz Surface Products From
India: Final Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers/exporters subject to
this administrative review did not make
sales of subject merchandise at less than
normal value (NV) during the June 1,
2022, through May 31, 2023, period of
review (POR).
DATES: Applicable November 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Anjali Mehindiratta,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243 or
(202) 482–9127, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 9, 2024, Commerce published
the preliminary results of the 2022–2023
administrative review of the
antidumping duty order on certain
quartz surface products (quartz surface
products) from India 1 in the Federal
Register and invited interested parties
1 See Certain Quartz Surface Products from India
and Turkey: Antidumping Duty Orders, 85 FR
37422 (June 22, 2020) (Order).
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87848-87850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25640]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-827]
Dioctyl Terephthalate From Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that dioctyl terephthalate (DOTP) from Malaysia is being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2023, through
December 31, 2023. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 5, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan Araya, 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) 482-3401.
SUPPLEMENTARY INFORMATION:
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 in the Federal
Register on April 22, 2024.\1\ On July 18, 2024, Commerce postponed the
preliminary determination of this investigation until October 29,
2024.\2\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ The deadline for the
preliminary determination is now October 29, 2024.
---------------------------------------------------------------------------
\1\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of Turkiye: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 29285 (April 22, 2024) (Initiation Notice).
\2\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of Turkiye: Postponement of Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 89 FR 59891 (July 24,
2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics
[[Page 87849]]
included in the Preliminary Decision Memorandum is included as Appendix
II to this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less Than Fair Value Investigation
of Dioctyl Terephthalate from Malaysia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is DOTP from Malaysia.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\6\ No
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. Therefore, Commerce is not
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 29286.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
a preliminary determination, Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
This rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act.
Commerce calculated an estimated weighted-average dumping margin
for UPC Chemicals (Malaysia) Sdn Bhd. (UPC MY), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for UPC MY is the margin assigned to
all other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
UPC Chemicals (Malaysia) Sdn Bhd............................ 6.97
All Others.................................................. 6.97
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation.\7 \Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\8\ Interested parties who submit case or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\10\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public
[[Page 87850]]
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
determination in this investigation. We request that interested parties
include footnotes for relevant citations in the public executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
---------------------------------------------------------------------------
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone
number, the number of participants and whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 15, 2024, pursuant to 19 CFR 351.210(e), UPC MY
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\12\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
---------------------------------------------------------------------------
\12\ See UPC MY's Letter, ``UPC Chemicals (Malaysia) SDN Bhd.'s
Request to Postpone Final Antidumping Duty Determination,'' dated
October 15, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification (ITC)
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination of sales at LTFV. If the final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of this preliminary determination or 45 days
after the final determination whether these imports of DOTP from
Malaysia are materially injuring, or threaten material injury to, the
U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: October 29, 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 I--Scope of the Investigation
The merchandise covered by this investigation is dioctyl
terephthalate (DOTP), regardless of form. DOTP that has been blended
with other products is included within this scope when such blends
include constituent parts that have not been chemically reacted with
each other to produce a different product. For such blends, only the
DOTP component of the mixture is covered by the scope of the
investigations.
DOTP that is otherwise subject to this investigation is not
excluded when commingled with DOTP from sources not subject to these
investigations. Commingled refers to the mixing of subject and non-
subject DOTP. Only the subject component of such commingled products
is covered by the scope of these investigations.
DOTP has the general chemical formulation of
C6H4
(C8H17COO)2 and a chemical name of
``bis (2-ethylhexyl) terephthalate'' and has a Chemical Abstract
Service (CAS) registry number of 6422-86-2. Regardless of the label,
all DOTP is covered by this investigation.
Subject merchandise is currently classified under subheading
2917.39.2000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classifications are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-25640 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P
