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
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80873 

1See Multilayered Wood Flooring From the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review and 

Final Determination of No Shipments; 2016–2017, 

84 FR 38002, 38003 (August 5, 2019) (Final 

Results). 

2 Id. 

3See Appendix for a list of the separate rate 

companies under injunction. 

4The enjoined companies subject to the Chinawide rate are: Baishan Huafeng Wooden Product 

Co., Ltd., Dalian Penghong Floor Products Co., Ltd., 

Jilin Forest Industry Jinqiao Flooring Group Co., 

Ltd., Kingman Floors Co., Ltd., and Scholar Home 

(Shanghai) New Material Co., Ltd. See Multilayered 

Wood Flooring From the People’s Republic of 

China: Preliminary Results of the Antidumping 

Duty Administrative Review; 2016–2017, 83 FR 

65630 (December 21, 2018) and accompanying 

Preliminary Decision Memorandum at 6, 7, and 12 

(unchanged in the final results). 5See Fusong Jinlong Wooden Grp. Co., Ltd. v. 

United States, 617 F.Supp.3d 1221 (CIT 2022) 

(Fusong I). 6See Fusong Jinlong Wooden Grp. Co. v. United 

States, Slip Op. 23–145 (CIT October 4, 2023) at 2. 7See Fusong Jinlong Wooden Grp. Co., Ltd. v. 

United States, 693 F.Supp.3d 1302 (CIT 2024) 

(Fusong II). 8See Statement of Administrative Action 

Accompanying the Uruguay Round Agreements 

Act, H.R. Doc. 103–316, Vol. 1 (1994), at 873. 

9See Fusong II at 1307–10. 

10See Final Results of Redetermination Pursuant 

to Court Remand, Fusong Jinlong Wooden Group 

Co., Ltd. et al v. United States, Court No. 19–144, 

Slip Op. 24–29 (CIT September 18, 2024), dated 

June 7, 2024, available at http://access.trade.gov/ 

public/FinalRemandRedetermination.aspx. 

11See Fusong Jinlong Wooden Grp. Co. v. United 

States, Slip Op. 24–103 (CIT September 18, 2024). 

12See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

13See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

margin assigned to exporters that were 

eligible for a separate rate but not 

selected for individual examination. 

DATES: Applicable September 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Lipka, 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) 482–7976. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2019, Commerce 

published its Final Results in the 2016– 

2017 AD administrative review of 

MLWF from China.1 In that review, 

Commerce calculated the dumping 

margin assigned to the non-individually 

examined companies found to be 

eligible for a separate rate as the simpleaverage of the two individually 

examined mandatory respondents’ rates, 

a zero percent rate and an 85.13 percent 

rate based on facts available with an 

adverse inference (AFA), resulting in a 

margin of 42.57 percent.2

Mandatory respondent Sino-Maple 

(Jiangsu) Co., Ltd. (Sino Maple), certain 

separate rate companies,3 and certain 

companies subject to the China-wide 

entity 4 rate appealed Commerce’s Final 

Results. On December 22, 2022, the CIT 

remanded the Final Results to 

Commerce, sustaining Commerce’s use 

of AFA to calculate Sino-Maple’s rate 

and the separate rate eligibility 

determinations while remanding the 

Final Results on the issue of whether 

Commerce’s use of Jiangsu Senmao 

Bamboo and Wood Industry Co., Ltd.’s 

(Senmao) highest transaction-specific 

dumping margin as Sino-Maple’s AFA 

rate was authorized by section 776(d) of 

the Tariff Act of 1930, as amended (the 

Act).5 The Court reserved decision on 

certain other challenges to Commerce’s 

calculation of the separate rate assigned 

to the respondents not selected for 

individual examination. Commerce filed 

a motion for reconsideration of Fusong 

I, which was granted by the CIT on 

October 4, 2023, and found that 

Commerce’s method for selecting AFA 

for Sino-Maple was lawful and relieved 

Commerce of a remand redetermination 

on that issue.6

In addressing the issue on reserve, on 

March 11, 2024, the CIT again remanded 

the Final Results for Commerce to 

reconsider or further explain its 

decision to calculate the separate rate as 

the simple-average of the mandatory 

respondents’ zero percent and AFA 

rates, which the CIT viewed as a 

departure from its normal practice of 

using the expected method.7

Specifically, citing section 735(c)(5)(B) 

of the Act and the Statement of 

Administrative Action (SAA),8 the 

Court found that the statutory exception 

permits Commerce to use any 

reasonable method to establish the 

separate rate, but that in such cases the 

expected method Commerce would 

follow is to weight average a zero or de 

minimis margin with the AFA margin 

and that by choosing to use a simple 

average, Commerce was required to 

provide a reasonable explanation for its 

departure.9

In compliance with the CIT’s order, 

Commerce calculated a weightedaverage dumping margin of 31.63 

percent for non-individually examined 

companies eligible for a separate rate.10

The CIT sustained Commerce’s final 

redetermination.11

Timken Notice 

In its decision in Timken,12 as 

clarified by Diamond Sawblades,13 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to section 

516A(c) and (e) of the Act, Commerce 

must publish a notice of court decision 

that is not ‘‘in harmony’’ with a 

Commerce determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The CIT’s 

September 18, 2024, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Final Results. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to the nonindividually-examined companies as 

follows: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Non-Individually-Examined Respondents Eligible for a Separate Rate 14 .......................................................................................... 31.63 

Cash Deposit Requirements 

Because all separate rate respondents 

subject to injunction have a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate for those companies. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined from liquidating entries that 

were exported by the non-individuallyexamined companies, and were entered, 

or withdrawn from warehouse, for 


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80874 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

14See Appendix. 

15See Appendix for a list of the non-examined 

respondents eligible for a separate rate. 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Initiation of Countervailing 

Duty Investigations, 89 FR 43816 (May 20, 2024) 

(Initiation Notice). 

2See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 88 FR 43295 (July 3, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination and 

Preliminary Affirmative Critical Circumstances 

Determination, in Part, in the Countervailing Duty 

Investigation of Crystalline Silicon Photovoltaic 

Cells, Whether or Not Assembled into Modules, 

from Thailand,’’ 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). 

6See Initiation Notice. 

7See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From 

Cambodia, Malaysia, Thailand, and the Socialist 

consumption during the period 

December, 1, 2016 through November 

30, 2017.15 These entries will remain 

enjoined pursuant to the terms of the 

injunction during the pendency of any 

appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, is upheld by 

a final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise exported by the nonindividually examined separate rate 

respondents in accordance with 19 CFR 

351.212(b), where appropriate. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review at the AD rate noted in 

the table above. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

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 

Non-Individually Examined Respondents 

Eligible To Receive a Separate Rate Under 

Injunction 

A&W (Shanghai) Woods Co., Ltd. 

Benxi Wood Company 

Dalian Dajen Wood Co., Ltd. 

Dalian Jiahong Wood Industry Co., Ltd. 

Dalian Kemian Wood Industry Co., Ltd. 

Dalian Qianqiu Wooden Product Co., Ltd. 

Dongtai Fuan Universal Dynamics, LLC 

Dun Hua Sen Tai Wood Co., Ltd. 

Dunhua Shengda Wood Industry Co., Ltd. 

Fusong Jinlong Wooden Group Co., Ltd. 

Fusong Qianqiu Wooden Product Co., Ltd. 

Hailin Linjing Wooden Products Co., Ltd. 

Hangzhou Hanje Tec Co., Ltd. 

Hunchun Xingjia Wooden Flooring Inc. 

Huzhou Chenghang Wood Co., Ltd. 

Jiangsu Guyu International Trading Co., Ltd 

Jiangsu Mingle Flooring Co., Ltd. 

Jiangsu Simba Flooring Co., Ltd. 

Jiashan Huijiale Decoration Material Co., Ltd. 

Kemian Wood Industry (Kunshan) Co., Ltd. 

Linyi Anying Wood Co., Ltd. 

Linyi Youyou Wood Co., Ltd. 

Metropolitan Hardwood Floors, Inc. 

Nakahiro Jyou Sei Furniture (Dalian) Co., 

Ltd. 

Pinghe Timber Manufacturing (Zhejiang) Co., 

Ltd. 

Shenyang Haobainian Wooden Co. Ltd. 

Shenzhenshi Huanwei Woods Co., Ltd. 

Suzhou Dongda Wood Co., Ltd. 

Tongxiang Jisheng Import and Export Co., 

Ltd 

Yihua Lifestyle Technology Co., Ltd. 

Zhejiang Biyork Wood Co., Ltd. 

Zhejiang Dadongwu GreenHome Wood Co., 

Ltd. 

Zhejiang Fuerjia Wooden Co., Ltd. 

[FR Doc. 2024–22971 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–549–852] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From Thailand: Preliminary 

Affirmative Countervailing Duty 

Determination, Preliminary Affirmative 

Critical Circumstances Determination, 

in Part, 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 crystalline 

silicon photovoltaic cells, whether or 

not assembled into modules (solar 

cells), from Thailand. 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 October 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler or Henry Wolfe, 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) 482–6241, and (202) 482–0574, 

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 20, 2024.1 On July 3, 2024, 

Commerce postponed the preliminary 

determination of this investigation.2 On 

July 22, 2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 30, 

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 solar cells. 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 We received 

several comments concerning the scope 

of this investigation, as well as in the 

companion less-than-fair-value (LTFV) 

and other countervailing duty (CVD) 

investigations of solar cells, as it 

appeared in the Initiation Notice. We 

intend to issue our preliminary decision 

regarding the scope of the LTFV and 

CVD investigations in the preliminary 

determinations of the companion LTFV 

investigations, the deadline of which is 

November 27, 2024.7 We will 


khammond on DSKJM1Z7X2PROD with NOTICES