Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 87855 

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 Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Dioctyl 

Terephthalate from the Republic of Tu ̈rkiye,’’ 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. 

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entered, or withdrawn from warehouse, 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. 

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 

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 Tu ̈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 Tu ̈rkiye 

(Tu ̈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

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 Tu ̈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 


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87856 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 

7See, 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). 

8See 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. 

9See Petition. 

10See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

11See 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). 

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. 

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

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

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Weightedaverage 

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 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 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices 87857 

12See 19 CFR 351.309(c)(2) and (d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See APO and Service Final Rule. 

15See 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. 

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 

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 Tu ̈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 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

Background 

Every five years, pursuant to the Tariff 

Act of 1930, as amended (the Act), the 


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