80870 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

1See Certain Alkyl Phosphate Esters from the 

People’s Republic of China: Initiation of 

Countervailing Duty Investigation, 89 FR 43821 

(May 20, 2024) (Initiation Notice). 

2See Alkyl Phosphate Esters from the People’s 

Republic of China: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 89 FR 55585 (July 5, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines,’’ 

dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Alkyl 

Phosphate Esters from the People’s Republic of 

China,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

6See Initiation Notice. 

surface area of 16,000 cm2 per panel; (3) no 

built-in inverter; (4) an integrated handle or 

a handle attached to the package for ease of 

carry; (5) one or more integrated kickstands 

for easy installation or angle adjustment; and 

(6) a wire of not less than 3 meters either 

permanently connected or attached to the 

package that terminates in an 8 mm diameter 

male barrel connector. 

Also excluded from the scope of this 

investigation are off-grid crystalline silicon 

photovoltaic panels in rigid form with a glass 

cover, with each of the following physical 

characteristics, whether or not assembled 

into a fully completed off-grid hydropanel 

whose function is conversion of water vapor 

into liquid water: (A) a total power output of 

no more than 180 watts per panel at 155 

degrees Celsius; (B) a surface area of less than 

16,000 square centimeters (cm2) per panel; 

(C) include a keep-out area of approximately 

1,200 cm2 around the edges of the panel that 

does not contain solar cells; (D) do not 

include a built-in inverter; (E) do not have a 

frame around the edges of the panel; (F) 

include a clear glass back panel; (G) must 

include a permanently connected wire that 

terminates in a two-port rounded rectangular, 

sealed connector; (H) include a thermistor 

installed into the permanently connected 

wire before the twoport connector; and (I) 

include exposed positive and negative 

terminals at opposite ends of the panel, not 

enclosed in a junction box. 

Modules, laminates, and panels produced 

in a third-country from cells produced in a 

subject country are covered by the 

investigation; however, modules, laminates, 

and panels produced in a subject country 

from cells produced in a third-country are 

not covered by the investigation. 

Also excluded from the scope of this 

investigation are all products covered by the 

scope of the antidumping and countervailing 

duty orders on Crystalline Silicon 

Photovoltaic Cells, Whether or Not 

Assembled into Modules, from the People’s 

Republic of China: Amended Final 

Determination of Sales at Less Than Fair 

Value, and Antidumping Duty Order, 77 FR 

73018 (December 7, 2012); and Crystalline 

Silicon Photovoltaic Cells, Whether or Not 

Assembled into Modules, from the People’s 

Republic of China: Countervailing Duty 

Order, 77 FR 73017 (December 7, 2012). 

Merchandise covered by the investigation 

is currently classified in the Harmonized 

Tariff System of the United States (HTSUS) 

under subheadings 8541.42.0010 and 

8541.43.0010. Imports of the subject 

merchandise may enter under HTSUS 

subheadings 8501.71.0000, 8501.72.1000, 

8501.72.2000, 8501.72.3000, 8501.72.9000, 

8501.80.1000, 8501.80.2000, 8501.80.3000, 

8501.80.9000, 8507.20.8010, 8507.20.8031, 

8507.20.8041, 8507.20.8061, and 

8507.20.8091. These HTSUS subheadings are 

provided for convenience and customs 

purposes; the written description of the 

scope of the investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Injury Test 

V. Preliminary Affirmative Determination of 

Critical Circumstances, in Part 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Subsidies Valuation Information 

VIII. Interest Rate Benchmarks, Discount 

Rates, and Benchmarks for Measuring 

Adequacy of Remuneration 

IX. Analysis of Programs 

X. Programs Preliminarily Determined to Be 

Terminated 

XI. Recommendation 

[FR Doc. 2024–22994 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–169] 

Certain Alkyl Phosphate Esters From 

the People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain alkyl 

phosphate esters (alkyl phosphate 

esters) from the People’s Republic of 

China (China). The period of 

investigation is January 1, 2023, through 

December 31, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable October 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Nathan or Gregory Taushani, 

AD/CVD Operations, Office II, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3834 or 

(202) 482–1012, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on May 13, 2024.1 On July 5, 2024, 

Commerce postponed the preliminary 

determination of this investigation until 

September 20, 2024.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 27, 

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 

discussed 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 products covered by this 

investigation are alkyl phosphate esters 

from China. 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

Certain interested parties commented on 

the scope of the antidumping duty (AD) 

and countervailing duty (CVD) 

investigations as it appeared in the 

Initiation Notice. Commerce intends to 

issue its preliminary decision regarding 

comments concerning the scope of the 

AD and CVD investigation on or before 

the preliminary determination of the 

companion AD investigation. 


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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80871 

7See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

8See sections 776(a) and (b) of the Act. 

9See Petitioners’ Letter, ‘‘Request for Alignment 

of the Countervailing Duty Investigation with the 

Concurrent Antidumping Duty Investigation,’’ 

dated September 13, 2024. 

10With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sales values for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. As complete 

publicly ranged sales data were available, 

Commerce based the all-others rate on the publicly 

ranged sales data of the mandatory respondents. For 

a complete analysis of the data, see Memorandum, 

‘‘Calculation of Subsidy Rate for All Others,’’ dated 

concurrently with this notice. 

11As discussed in the Preliminary Decision 

Memorandum, Commerce preliminarily finds 

Anhui to be cross owned with the following 

company: Yixing RunYue Enterprise Management 

Co., Ltd. 

12As discussed in the Preliminary Decision 

Memorandum, Commerce preliminarily finds 

Zhejiang Wansheng to be cross-owned with two 

companies. Because all information pertaining to 

these cross-owned companies is business 

proprietary information, the calculated subsidy rate 

is only applicable to Zhejiang Wansheng. 

Commerce intends to disclose its calculations and 

analysis performed to interested parties in this 

preliminary determination within five days of its 

public announcement, or if there is no public 

announcement, within five days of the date of this 

notice in accordance with 19 CFR 351.224(b). 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.7 For a 

full description of the methodology 

underlying our preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available, and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.8 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Alignment 

In accordance with section 705(a)(1) 

of the Act and 19 CFR 351.210(b)(4), 

Commerce is aligning the final CVD 

determination in this investigation with 

the final determination in the 

concurrent less than fair value (LTFV) 

investigation of alkyl phosphate esters 

from China based on a request made by 

ICL–IP America, Inc., the petitioner.9

Consequently, the final CVD 

determination will be issued on the 

same date as the final LTFV 

determination, which is currently 

scheduled to be issued no later than 

February 9, 2025, unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

preliminarily calculated individual 

estimated countervailable subsidy rates 

for Anhui RunYue Technology Co., Ltd. 

(Anhui) and Zhejiang Wansheng Co., 

Ltd. (Zhejiang Wansheng) that are not 

zero, de minimis, or based entirely on 

facts otherwise available. Commerce 

calculated the all-others rate using a 

weighted-average of the individual 

estimated subsidy rates calculated for 

the examined respondents using each 

company’s publicly ranged values for 

the merchandise under consideration.10

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Anhui RunYue Technology Co., Ltd.11 ................................................................................................................................................ 96.83 

Zhejiang Wansheng Co., Ltd.12 ........................................................................................................................................................... 35.47 

Zhejiang Wanda Tools Group Corp .................................................................................................................................................... * 564.13 

All Others ............................................................................................................................................................................................. 50.15 

* Rate is based on facts available with adverse inferences. 

Disclosure 

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. 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (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 the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

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. Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed no later than five days after the 


khammond on DSKJM1Z7X2PROD with NOTICES
80872 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

13See 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). 

14See 19 351.309(c)(2) and (d)(2). 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See APO and Service Final Rule. 

date for filing case briefs.13 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.14

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 brief 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.15 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 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).16

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 date, 

time, and location to be determined. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled date. 

All submissions, including case and 

rebuttal briefs, as well as hearing 

requests, should be filed using ACCESS. 

An electronically-filed document must 

be received successfully in its entirety 

by ACCESS by 5:00 p.m. Eastern Time 

on the established deadline. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its 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 imports of alkyl 

phosphate esters from China are 

materially injuring, or threaten material 

injury, to the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: September 27, 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 products covered by this investigation 

are alkyl phosphate esters, which are 

halogenated and non-halogenated 

phosphorus-based esters with a phosphorus 

content of at least 6.5 percent (per weight) 

and a viscosity between 1 and 2000 mPa.s (at 

20–25 °C). 

Merchandise subject to this investigation 

primarily includes Tris (2-chloroisopropyl) 

phosphate (TCPP), Tris (1,3- 

dichloroisopropyl) phosphate (TDCP), and 

Triethyl Phosphate (TEP)). 

TCPP is also known as Tris (1-chloro-2- 

propyl) phosphate, Tris (1-chloropropan-2-yl) 

phosphate, Tris (monochloroisopropyl) 

phosphate (TMCP), and Tris (2- 

chloroisopropyl) phosphate (TCIP). TCPP has 

the chemical formula C9H18Cl3O4P and the 

Chemical Abstracts Service (CAS) Nos. 

1244733–77–4 and 13674–84–5. It may also 

be identified as CAS No. 6145–73–9. 

TDCP is also known as Tris (1,3- 

dichloroisopropyl) phosphate, Tris (1,3- 

dichloro-2-propyl) phosphate, Chlorinated 

tris, tris {2- chloro-1-(chloromethyl ethyl)} 

phosphate, TDCPP, and TDCIPP. TDCP has 

the chemical formula C9H15Cl6O4P and the 

CAS No. 13674–87–8. 

TEP is also known as Phosphoric acid 

triethyl ester, phosphoric ester, flame 

retardant TEP, Tris(ethyl) phosphate, 

Triethoxyphosphine oxide, and Ethyl 

phosphate (neutral). TEP has the chemical 

formula (C2H5O)3PO and the CAS No. 78–40– 

0. 

Imported alkyl phosphate esters are not 

excluded from the scope of this investigation 

even if the imported alkyl phosphate ester 

consists of a single isomer or combination of 

isomers in proportions different from the 

isomers ordinarily provided in the market. 

Also included in this investigation are 

blends including one or more alkyl 

phosphate esters, with or without other 

substances, where the alkyl phosphate esters 

account for 20 percent or more of the blend 

by weight. 

Alkyl phosphate esters are classified under 

subheading 2919.90.5050, Harmonized Tariff 

Schedule of the United States (HTSUS). 

Imports may also be classified under 

subheadings 2919.90.5010 and 3824.99.5000, 

HTSUS. The HTSUS subheadings and CAS 

registry numbers are provided for 

convenience and customs purposes. The 

written description of the scope is 

dispositive. 

Appendix II—List of Topics Discussed 

in the Preliminary Decision 

Memorandum 

I. Summary 

II. Background 

III. New Subsidy Allegations 

IV. Post-Preliminary Decision Memorandum 

V. Alignment 

VI. Injury Test 

VII. Analysis of China’s Financial System 

VIII. Diversification of China’s Economy 

IX. Use of Facts Otherwise Available and 

Adverse Inferences 

X. Subsidies Valuation 

XI. Benchmarks and Interest Rates 

XII. Analysis of Programs 

XIII. Recommendation 

[FR Doc. 2024–22940 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–970] 

Multilayered Wood Flooring From the 

People’s Republic of China: Notice of 

Court Decision Not in Harmony With 

the Results of Antidumping 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 18, 2024, the 

U.S. Court of International Trade (CIT) 

issued its final judgment in Fusong 

Jinlong Wooden Group Co., Ltd., et al v. 

United States, Consol. Court no. 19– 

00144, sustaining the U.S. Department 

of Commerce (Commerce)’s remand 

results pertaining to the administrative 

review of the antidumping duty (AD) 

order on Multilayered Wood Flooring 

(MLWF) from the People’s Republic of 

China (China) covering the period 

December 1, 2016 through November 

30, 2017. Commerce is notifying the 

public that the CIT’s final judgment is 

not in harmony with Commerce’s final 

results of the administrative review, and 

that Commerce is amending the final 

results with respect to the dumping 


khammond on DSKJM1Z7X2PROD with NOTICES