87844 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 

1See Dioctyl Terephthalate from Malaysia, 

Poland, Taiwan, and the Republic of Tu ̈rkiye: 

Initiation of Less-Than-Fair-Value Investigations, 89 

FR 29285 (April 22, 2024) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Dioctyl Terephthalate from Malaysia, 

Poland, Taiwan, and the Republic of Tu ̈rkiye: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 89 FR 59891 

(July 24, 2024). 

4See 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). 

5See Antidumping Duties; Countervailing Duties, 

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

(Preamble). 

6See Initiation Notice, 89 FR at 29286. 

7See, e.g., Thermal Paper from Spain: Final 

Determination of Sales at Less Than Fair Value, 86 

FR 54162, 54163 (September 30, 2021). 

8See Petitioner’s Letter, ‘‘Dioctyl Terephthalate 

(DOTP) from Taiwan, Turkey, Malaysia, and 

Poland,’’ dated March 26, 2024 (Petition). 

9See Initiation Notice, 89 FR at 29288. 

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 

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

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 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 

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 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Grupa Azoty Zaklady Azotowy ... * 57.88 

All Others .................................... 57.88 

* Rate is based on AFA. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 87845 

10See 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). 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

13See APO and Service Final Rule. 

14See 19 CRF 351.210(e)(2). 

15See Azoty’s Letter, ‘‘Request for Postponement 

of Final Antidumping Determination,’’ dated 

October 4, 2024. 

16See Petitioner’s Letter, ‘‘Petitioner’s Request to 

Postpone Final Antidumping Duty 

Determinations,’’ dated October 8, 2024. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption, on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) the cash 

deposit rate for the respondent listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margin determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

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

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 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
87846 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 

1See Dioctyl Terephthalate from Malaysia, 

Poland, Taiwan, and the Republic of Tu ̈rkiye: 

Initiation of Less-Than-Fair-Value Investigations, 89 

FR 29285 (April 22, 2024) (Initiation Notice). 

2See Dioctyl Terephthalate from Malaysia, 

Poland, Taiwan, and the Republic of Tu ̈rkiye: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 89 FR 59891 

(July 24, 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 in the 

Less-Than-Fair-Value Investigation of Dioctyl 

Terephthalate from Taiwan,’’ 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, 89 FR at 29286. 

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 

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. 

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 

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 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. 

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 

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 


ddrumheller on DSK120RN23PROD with NOTICES1