Dioctyl Terephthalate From Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87844-87846 [2024-25641]
Download as PDF
<![CDATA[
87844
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
Dated: October 31, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–25683 Filed 11–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–455–808]
Dioctyl Terephthalate From Poland:
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 Poland is being, or is 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:
Megan Goins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0884.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
ddrumheller on DSK120RN23PROD with NOTICES1
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 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.2 On July 24, 2024, Commerce
postponed the preliminary
determination of this investigation until
October 29, 2024.3
For a complete description of the
events that followed the initiation of
1 See Dioctyl Terephthalate from Malaysia,
Poland, Taiwan, and the Republic of Türkiye:
Initiation of Less-Than-Fair-Value Investigations, 89
FR 29285 (April 22, 2024) (Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Dioctyl Terephthalate from Malaysia,
Poland, Taiwan, and the Republic of Türkiye:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 89 FR 59891
(July 24, 2024).
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
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 Poland. 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 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party 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 complete description of
the scope in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) of the Act, Commerce
preliminarily relied upon facts
otherwise available to assign an
estimated weighted-average dumping
margin to Grupa Azoty Zaklady
Azotowy (Azoty), the sole mandatory
respondent in this investigation because
Azoty withdrew its participation in this
investigation. Further, Commerce
preliminarily determines that Azoty
failed to cooperate by not acting to the
best of its ability to comply with a
request for information and Commerce
is using an adverse inference in
selecting from among the facts
otherwise available (i.e., applying
adverse facts available (AFA) to this
respondent, in accordance with section
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Dioctyl Terephthalate
from Poland’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 29286.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
776(b) of the Act). For a full description
of the methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act
provides that, in a preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually investigated in accordance
with section 735(c)(5) of the Act.
Section 735(c)(5)(A) of the Act states
that generally the estimated rate for all
others 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.
The estimated weighted-average
dumping margin in this preliminary
determination was determined entirely
under section 776 of the Act. In cases
where no weighted-average dumping
margins other than zero, de minimis, or
those determined entirely under section
776 of the Act have been established for
individually examined entities, in
accordance with section 735(c)(5)(B) of
the Act, Commerce typically calculates
a simple average of the margins alleged
in the petition and applies the results to
all other entities not individually
examined.7
In the Petition,8 Eastman Chemical
Company (the petitioner) alleged a
single estimated dumping margin for
Poland, 57.88 percent.9 Therefore,
consistent with our practice, for the allothers rate in this investigation, we
preliminarily assign this dumping
margin alleged in the Petition, which is
57.88 percent.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Grupa Azoty Zaklady Azotowy ...
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
* 57.88
57.88
* Rate is based on AFA.
7 See, e.g., Thermal Paper from Spain: Final
Determination of Sales at Less Than Fair Value, 86
FR 54162, 54163 (September 30, 2021).
8 See Petitioner’s Letter, ‘‘Dioctyl Terephthalate
(DOTP) from Taiwan, Turkey, Malaysia, and
Poland,’’ dated March 26, 2024 (Petition).
9 See Initiation Notice, 89 FR at 29288.
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
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.
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
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 the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the only
individually examined company in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the Petition,
there are no calculations to disclose.
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.
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
Verification
Because the only respondent in this
investigation withdrew its participation
and did not act to the best of its ability
to provide information requested by
Commerce, and Commerce
preliminarily determines the mandatory
respondent has been uncooperative,
Commerce will not conduct verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination. 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.10 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.11
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.12 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
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).13
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
10 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).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
87845
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, 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 no 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 may be accompanied by
a request for extension of provisional
measures from a four-month period to a
period of not more than six months in
duration.14
On October 4, 2024, pursuant to 19
CFR 351.210(e), Azoty requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15 On October 8,
2024, the petitioner requested that, in
the event of a negative determination,
Commerce postpone the final
determination in accordance with 19
CFR 351.210(b)(2)(i).16 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
14 See
19 CRF 351.210(e)(2).
Azoty’s Letter, ‘‘Request for Postponement
of Final Antidumping Determination,’’ dated
October 4, 2024.
16 See Petitioner’s Letter, ‘‘Petitioner’s Request to
Postpone Final Antidumping Duty
Determinations,’’ dated October 8, 2024.
15 See
E:\FR\FM\05NON1.SGM
05NON1
87846
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination in the Federal Register.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (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 imports 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
ddrumheller on DSK120RN23PROD with NOTICES1
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 this 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.
VerDate Sep<11>2014
18:07 Nov 04, 2024
Jkt 265001
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available With
Adverse Inferences
V. Recommendation
[FR Doc. 2024–25641 Filed 11–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–875]
Dioctyl Terephthalate From Taiwan:
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 Taiwan is being, or is
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:
Brian Smith or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–1216,
respectively.
AGENCY:
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
on April 22, 2024.1 On July 18, 2024,
Commerce postponed the preliminary
determination of this investigation.2 On
July 22, 2024, Commerce tolled certain
1 See Dioctyl Terephthalate from Malaysia,
Poland, Taiwan, and the Republic of Türkiye:
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 Türkiye:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 89 FR 59891
(July 24, 2024).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
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
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 Taiwan. 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 party 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. For the mandatory
respondent, Nan Ya Plastics Corporation
(Nan Ya), Commerce has calculated
export prices in accordance with section
772(a) of the Act and normal value is
calculated in accordance with section
773 of the Act. In addition, pursuant to
sections 776(a) and (b) of the Act,
Commerce has preliminarily relied
upon facts otherwise available, with
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 Taiwan,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 29286.
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87844-87846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25641]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-808]
Dioctyl Terephthalate From Poland: 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 Poland is being, or
is 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: Megan Goins, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0884.
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 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
On July 24, 2024, Commerce postponed the preliminary determination of
this investigation until October 29, 2024.\3\
---------------------------------------------------------------------------
\1\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of T[uuml]rkiye: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 29285 (April 22, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of T[uuml]rkiye: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
59891 (July 24, 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 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
Determination in the Less-Than-Fair-Value Investigation of Dioctyl
Terephthalate from Poland'' 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 Poland. 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\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
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
complete description of 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. Pursuant to section 776(a) of the Act, Commerce
preliminarily relied upon facts otherwise available to assign an
estimated weighted-average dumping margin to Grupa Azoty Zaklady
Azotowy (Azoty), the sole mandatory respondent in this investigation
because Azoty withdrew its participation in this investigation.
Further, Commerce preliminarily determines that Azoty failed to
cooperate by not acting to the best of its ability to comply with a
request for information and Commerce is using an adverse inference in
selecting from among the facts otherwise available (i.e., applying
adverse facts available (AFA) to this respondent, in accordance with
section 776(b) of the Act). For a full description of the methodology
underlying our preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that, in a preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually investigated in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others 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.
The estimated weighted-average dumping margin in this preliminary
determination was determined entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple
average of the margins alleged in the petition and applies the results
to all other entities not individually examined.\7\
---------------------------------------------------------------------------
\7\ See, e.g., Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30,
2021).
---------------------------------------------------------------------------
In the Petition,\8\ Eastman Chemical Company (the petitioner)
alleged a single estimated dumping margin for Poland, 57.88 percent.\9\
Therefore, consistent with our practice, for the all-others rate in
this investigation, we preliminarily assign this dumping margin alleged
in the Petition, which is 57.88 percent.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Dioctyl Terephthalate (DOTP) from
Taiwan, Turkey, Malaysia, and Poland,'' dated March 26, 2024
(Petition).
\9\ See Initiation Notice, 89 FR at 29288.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Grupa Azoty Zaklady Azotowy................................. * 57.88
All Others.................................................. 57.88
------------------------------------------------------------------------
* Rate is based on AFA.
[[Page 87845]]
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
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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 the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the only individually examined company in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the Petition, there are no calculations to disclose.
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
Because the only respondent in this investigation withdrew its
participation and did not act to the best of its ability to provide
information requested by Commerce, and Commerce preliminarily
determines the mandatory respondent has been uncooperative, Commerce
will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
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.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
---------------------------------------------------------------------------
\10\ 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).
\11\ See 19 CFR 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.\12\
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 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).\13\
---------------------------------------------------------------------------
\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ 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. Requests should contain
the party's name, address, and telephone number, the number of
participants, 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 no 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 may be accompanied by a request for extension of
provisional measures from a four-month period to a period of not more
than six months in duration.\14\
---------------------------------------------------------------------------
\14\ See 19 CRF 351.210(e)(2).
---------------------------------------------------------------------------
On October 4, 2024, pursuant to 19 CFR 351.210(e), Azoty requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ On
October 8, 2024, the petitioner requested that, in the event of a
negative determination, Commerce postpone the final determination in
accordance with 19 CFR 351.210(b)(2)(i).\16\ 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
[[Page 87846]]
make its final determination no later than 135 days after the date of
publication of this preliminary determination in the Federal Register.
---------------------------------------------------------------------------
\15\ See Azoty's Letter, ``Request for Postponement of Final
Antidumping Determination,'' dated October 4, 2024.
\16\ See Petitioner's Letter, ``Petitioner's Request to Postpone
Final Antidumping Duty Determinations,'' dated October 8, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (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 imports 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 this
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 non-
subject 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 With Adverse Inferences
V. Recommendation
[FR Doc. 2024-25641 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P
