[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87844-87846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25641]


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

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

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

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Dioctyl 
Terephthalate from Poland'' 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 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.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 89 FR at 29286.
---------------------------------------------------------------------------

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

    \7\ See, e.g., Thermal Paper from Spain: Final Determination of 
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30, 
2021).
---------------------------------------------------------------------------

    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 all-others rate in 
this investigation, we preliminarily assign this dumping margin alleged 
in the Petition, which is 57.88 percent.
---------------------------------------------------------------------------

    \8\ See Petitioner's Letter, ``Dioctyl Terephthalate (DOTP) from 
Taiwan, Turkey, Malaysia, and Poland,'' dated March 26, 2024 
(Petition).
    \9\ See Initiation Notice, 89 FR at 29288.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Grupa Azoty Zaklady Azotowy.................................     * 57.88
All Others..................................................       57.88
------------------------------------------------------------------------
* Rate is based on AFA.


[[Page 87845]]

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

    \10\ 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).
    \11\ 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.\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\
---------------------------------------------------------------------------

    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ 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. 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\
---------------------------------------------------------------------------

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

    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

[[Page 87846]]

make its final determination no later than 135 days after the date of 
publication of this preliminary determination in the Federal Register.
---------------------------------------------------------------------------

    \15\ See Azoty's Letter, ``Request for Postponement of Final 
Antidumping Determination,'' dated October 4, 2024.
    \16\ See Petitioner's Letter, ``Petitioner's Request to Postpone 
Final Antidumping Duty Determinations,'' dated October 8, 2024.
---------------------------------------------------------------------------

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 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. 2024-25641 Filed 11-4-24; 8:45 am]
BILLING CODE 3510-DS-P