[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]


-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 
C<INF>6</INF>H<INF>4</INF> 
(C<INF>8</INF>H<INF>17</INF>COO)<INF>2</INF> 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