Dioctyl Terephthalate From the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87855-87857 [2024-25643]

Download as PDF Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Speira GmbH will be equal to the weighted-average dumping margin listed in the ‘‘Final Results of Review’’ section above; (2) for merchandise that was exported by a company that is not under review and the company has a company-specific cash deposit rate from a completed segment of this proceeding, the cash deposit rate will continue to be the company-specific cash deposit rate from a completed segment of the proceeding that is currently applicable to the company; (3) if the exporter of the subject merchandise was not covered by this review or a previously completed segment of this proceeding, but the producer of the subject merchandise was covered, then the cash deposit rate will be equal to the company-specific cash deposit rate from a completed segment of this proceeding that is currently applicable to the producer of the subject merchandise; and (4) if neither the exporter nor the producer of the subject merchandise was covered by this review or a previously completed segment of this proceeding, then the cash deposit rate will be 49.40 percent ad valorem, the all-others rate established in the less than fair value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. ddrumheller on DSK120RN23PROD with NOTICES1 Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation that is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of review and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(5). 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether to Use Quarterly Costs Comment 2: Speira’s Reported Cost Variances V. Recommendation [FR Doc. 2024–25614 Filed 11–4–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–852] Dioctyl Terephthalate From the Republic of Türkiye: 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 the Republic of Türkiye (Türkiye) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation 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: Dennis McClure, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 87855 NW, Washington, DC 20230; telephone: (202) 482–5973. 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 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 in 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 Türkiye. 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 for parties to raise issues regarding product coverage (i.e., scope).6 No interested party 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). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Dioctyl Terephthalate from the Republic of Türkiye,’’ 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). 6 See Initiation Notice. E:\FR\FM\05NON1.SGM 05NON1 87856 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 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 has preliminarily relied upon facts otherwise available for By Petrokimya Sanayi Ve Ticaret A.S. (Petrokimya), the sole mandatory respondent in this investigation, because Petrokimya failed to submit the necessary information to calculate an antidumping margin in this investigation. Further, Commerce preliminarily determines that Petrokimya 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 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. The estimated weighted-average dumping margins in this preliminary determination were calculated 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), and VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 In the Petition,8 Eastman Chemical Company (the petitioner) calculated two estimated dumping margins, 42.50 and 80.71 percent. Therefore, consistent with our practice, for the all-others rate in this investigation, we preliminarily assigned a simple average of the dumping margins alleged in the Petition, which is 61.61 percent.9 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, Preliminary Determination within five days of the date of Commerce preliminarily determines publication of the notice of preliminary that the following estimated weighteddetermination in the Federal Register, average dumping margins exist: in accordance with 19 CFR 351.224(b). Weighted- However, because Commerce preliminarily applied AFA to the average Exporter/producer dumping individually examined company margin Petrokimya in this investigation, in (percent) accordance with section 776 of the Act, and the applied AFA rate is based solely By Petrokimya Sanayi Ve Ticaret A.S .......................................... * 80.71 on the petition, there are no calculations All Others .................................... 61.61 to disclose. Consistent with 19 CFR 351.224(e), * Rate based on AFA. Commerce will analyze and, if Suspension of Liquidation appropriate, correct any timely In accordance with section 733(d)(2) allegations of significant ministerial of the Act, Commerce will direct U.S. errors by amending the preliminary Customs and Border Protection (CBP) to determination. However, consistent suspend liquidation of entries of subject with 19 CFR 351.224(d), Commerce will merchandise, as described in Appendix not consider incomplete allegations that I, entered, or withdrawn from do not address the significance standard warehouse, for consumption on or after under 19 CFR 351.224(g) following the the date of publication of this notice in preliminary determination. Instead, the Federal Register. Further, pursuant Commerce will address such allegations to section 733(d)(1)(B) of the Act and 19 in the final determination together with CFR 351.205(d), Commerce will instruct issues raised in the case briefs or other CBP to require a cash deposit equal to written comments. the estimated weighted-average Verification dumping margins or the estimated allothers rate, as follows: (1) the cash Because the examined respondent in deposit rate for the respondent listed this investigation did not act to the best above will be equal to the companyof its ability to provide information specific estimated weighted-average requested by Commerce, and Commerce dumping margin determined in this preliminarily determines the examined preliminary determination; (2) if the respondent is uncooperative, we will exporter is not a respondent identified not conduct verification. above, but the producer is, then the cash deposit rate will be equal to the Public Comment company-specific estimated weightedCase briefs or other written comments average dumping margin established for may be submitted to the Assistant that producer of the subject Secretary for Enforcement and merchandise; and (3) the cash deposit Compliance no later than 30 days after rate for all other producers and the date of publication of the exporters will be equal to the all-others preliminary determination.10 Rebuttal estimated weighted-average dumping briefs, limited to issues raised in the margin. These suspension of liquidation case briefs, may be filed not later than five days after the date for filing case accompanying Issues and Decision Memorandum; see also Certain Preserved Mushrooms from France: briefs.11 Interested parties who submit Final Affirmative Determination of Sales at Less case or rebuttal briefs in this proceeding Than Fair Value, 87 FR 72963, 72964 (November must submit: (1) a table of contents 28, 2022). 8 See Petitioner’s Letter, ‘‘Dioctyl Terephthalate (DOTP) from Taiwan, Turkey, Malaysia, and Poland,’’ dated March 26, 2024 (Petition); see also Checklist, ‘‘AD Investigation Initiation Checklist,’’ dated April 15, 2024 (Initiation Checklist); see also Petitioner’s Letter, ‘‘Response to Request for Clarification,’’ dated April 8, 2024. 9 See Petition. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 11 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). E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 listing each issue; and (2) a table of authorities.12 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.13 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).14 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 date and time 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 12 See 19 CFR 351.309(c)(2) and (d)(2). use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 14 See APO and Service Final Rule. 13 We VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On October 8, 2024, Petrokimya and the petitioner 15 requested that Commerce postpone the final determination and that the provisional measures be extended to a period not to exceed six months, respectively. 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 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 imports of DOTP from Türkiye are materially injuring, or threaten material injury to, the U.S. industry. 87857 Dated: October 29, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of 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 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 With Adverse Inferences V. Recommendation [FR Doc. 2024–25643 Filed 11–4–24; 8:45 am] BILLING CODE 3510–DS–P Notification to Interested Parties This preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 15 See Petrokimya’s Letter, ‘‘Investigation Request to Postpone Final Determination and Provisional Measures Period,’’ dated October 8, 2024; see also Petitioner’s Letter, ‘‘Petitioner’s Request to Postpone Final Antidumping Duty Determinations,’’ dated October 8, 2024. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87855-87857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-852]


Dioctyl Terephthalate From the Republic of T[uuml]rkiye: 
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 the Republic of 
T[uuml]rkiye (T[uuml]rkiye) is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation 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: Dennis McClure, 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) 482-5973.

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 in 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 the Republic of T[uuml]rkiye,'' 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 
T[uuml]rkiye. 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 for parties to raise issues 
regarding product coverage (i.e., scope).\6\ No interested party

[[Page 87856]]

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).
    \6\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce 
has preliminarily relied upon facts otherwise available for By 
Petrokimya Sanayi Ve Ticaret A.S. (Petrokimya), the sole mandatory 
respondent in this investigation, because Petrokimya failed to submit 
the necessary information to calculate an antidumping margin in this 
investigation. Further, Commerce preliminarily determines that 
Petrokimya 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 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.
    The estimated weighted-average dumping margins in this preliminary 
determination were calculated 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\
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    \7\ See, e.g., Thermal Paper from Spain: Final Determination of 
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30, 
2021), and accompanying Issues and Decision Memorandum; see also 
Certain Preserved Mushrooms from France: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 72963, 72964 
(November 28, 2022).
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    In the Petition,\8\ Eastman Chemical Company (the petitioner) 
calculated two estimated dumping margins, 42.50 and 80.71 percent. 
Therefore, consistent with our practice, for the all-others rate in 
this investigation, we preliminarily assigned a simple average of the 
dumping margins alleged in the Petition, which is 61.61 percent.\9\
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    \8\ See Petitioner's Letter, ``Dioctyl Terephthalate (DOTP) from 
Taiwan, Turkey, Malaysia, and Poland,'' dated March 26, 2024 
(Petition); see also Checklist, ``AD Investigation Initiation 
Checklist,'' dated April 15, 2024 (Initiation Checklist); see also 
Petitioner's Letter, ``Response to Request for Clarification,'' 
dated April 8, 2024.
    \9\ See Petition.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
By Petrokimya Sanayi Ve Ticaret A.S.........................     * 80.71
All Others..................................................       61.61
------------------------------------------------------------------------
* Rate based on AFA.

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 margins 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 individually examined company Petrokimya 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 examined respondent in this investigation did not act 
to the best of its ability to provide information requested by 
Commerce, and Commerce preliminarily determines the examined respondent 
is uncooperative, we 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.\10\ 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.\11\ Interested parties who submit case or rebuttal 
briefs in this proceeding must submit: (1) a table of contents

[[Page 87857]]

listing each issue; and (2) a table of authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ 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).
    \12\ 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.\13\ 
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).\14\
---------------------------------------------------------------------------

    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ 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 date and time 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. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
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 8, 2024, Petrokimya and the petitioner \15\ requested 
that Commerce postpone the final determination and that the provisional 
measures be extended to a period not to exceed six months, 
respectively. 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.
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    \15\ See Petrokimya's Letter, ``Investigation Request to 
Postpone Final Determination and Provisional Measures Period,'' 
dated October 8, 2024; see also Petitioner's Letter, ``Petitioner's 
Request to Postpone Final Antidumping Duty Determinations,'' dated 
October 8, 2024.
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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 imports of DOTP from T[uuml]rkiye 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This preliminary 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 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 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. 2024-25643 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P

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