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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96223-96226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28397]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-168]

Certain Alkyl Phosphate Esters From the People's Republic of 
China: 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 certain alkyl phosphate esters (alkyl phosphate esters) 
from the People's Republic of China (China) are being, or are likely to 
be, sold in the United States at less than fair value (LTFV). The 
period of investigation (POI) is October 1, 2023, through March 31, 
2024. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or 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) 482-9068 or (202) 
482-5973, 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 May 20, 
2024.\1\ On August 8, 2024, Commerce tolled certain deadlines in this 
investigation by seven days.\2\ On September 17, 2024, Commerce 
postponed the preliminary determination of this investigation and the 
revised deadline is now November 26, 2024.\3\
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    \1\ See Certain Alkyl Phosphate Esters from the People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation, 
89 FR 43801 (May 20, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Certain Alkyl Phosphate Esters from the People's 
Republic of China: Postponement of Preliminary Determinations of 
Less-Than-Fair-Value Investigations, 89 FR 76087 (September 17, 
2024).
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    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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Alkyl Phosphate Esters from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is alkyl phosphate esters 
from China. 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.\7\ Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice.
    \7\ See Shanghai Yongxiangshun International Trade Co., Ltd.'s 
Letter, ``Scope of Order Comments,'' dated May 30, 2024. Although 
Shanghai Yongxiangshun International Trade Co., Ltd. (Shanghai 
Yongxiangshun) submitted a letter entitled, ``Scope Order 
Comments,'' the letter did not include comments opposing the scope 
as published in the Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section

[[Page 96224]]

731 of the Act. Commerce has calculated export prices in accordance 
with section 772(a) of the Act and constructed export prices in 
accordance with section 772(b) of the Act. Because China is a non-
market economy (NME), within the meaning of section 771(18) of the Act, 
Commerce has calculated normal value (NV) in accordance with section 
773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of 
the Act, Commerce preliminarily has relied upon facts otherwise 
available, with adverse inferences, for (1) Icool Chemical Co., Ltd., 
(2) Isochem Australia Pty Ltd., (3) Jiangsu Victory Chemical Co., Ltd., 
(4) Shanghai Chenhua International Trade Co., Ltd., (5) Taian Tayong 
Biotechnology Co., Ltd., (6) Unibrom Corp., (7) Unibrom Pte. Ltd., (8) 
Xing Fa (Hongkong) Imp. & Exp. Limited, and (9) Yangzhou Chenhua New 
Material Co., Ltd. For a full description of the methodology underlying 
Commerce's preliminary determination, see the Preliminary Decision 
Memorandum.

Combination Rates

    In the Initiation Notice,\8\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\
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    \8\ See Initiation Notice, 89 FR 43805.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Separate Rates

    We have preliminarily granted a separate rate to certain separate 
rate respondents that we did not select for individual examination.\10\ 
In calculating the rate for non-individually examined separate rate 
respondents in an NME LTFV investigation, Commerce normally looks to 
section 735(c)(5)(A) of the Act, which pertains to the calculation of 
the all-others rate in a market economy LTFV investigation, for 
guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this 
rate shall be an amount equal to the weighted-average of the estimated 
weighted-average dumping margins established for those companies 
individually examined, excluding zero and de minimis dumping margins, 
and any dumping margins based entirely under section 776 of the Act. 
Commerce calculated individual estimated weighted-average dumping 
margins for Anhui RunYue Technology Co., Ltd. (Anhui RunYue) and 
Zhejiang Wansheng Co., Ltd. (Zhejiang Wansheng) that are not zero, de 
minimis, or based entirely on facts otherwise available. Thus, the 
weighted-average dumping margins calculated for Anhui RunYue and 
Zhejiang Wansheng are the basis to determine the weighted-average 
dumping margin for the non-examined, separate rate companies in this 
investigation.\11\ See the table below in the ``Preliminary 
Determination'' section of this notice.
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    \10\ See the Preliminary Decision memorandum for additional 
details.
    \11\ See Memorandum, ``Calculation of the Dumping Margin for 
Respondents Not Selected for Individual Examination,'' dated 
November 26, 2024.
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Preliminary Determination

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

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                                                                                               Cash deposit rate
                                                                          Estimated weighted-    (adjusted for
                Exporter                             Producer               average dumping    subsidy offsets)
                                                                           margin (percent)        (percent)
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Anhui RunYue Technology Co., Ltd.......  Anhui RunYue Technology Co.,                 247.52              175.82
                                          Ltd.
Zhejiang Wansheng Co., Ltd.............  Zhejiang Wansheng Co., Ltd.....              164.29              141.98
ACETO (SHANGHAI) LTD...................  Xinji Hongzheng Chemical Co.,                182.22              135.22
                                          Ltd.
Anhui Shengli Import and Export Co.,     Anhui Shengli Pesticide &                    182.22              135.22
 Ltd.                                     Chemistry Co., Ltd.
Anhui Shengli Import and Export Co.,     Ningguo Long Day Chemical Co.,               182.22              135.22
 Ltd.                                     Ltd.
Fujian Wynca Technology Co., Ltd.......  Fujian Wynca Technology Co.,                 182.22              135.22
                                          Ltd.
Fujian Wynca Technology Co., Ltd.......  Anhui RunYue Technology Co.,                 182.22              135.22
                                          Ltd.
Fujian Wynca Technology Co., Ltd.......  Shandong Yarong Chemical Co.,                182.22              135.22
                                          Ltd.
Shandong Yarong Chemical Co., Ltd......  Shandong Yarong Chemical Co.,                182.22              135.22
                                          Ltd.
Shanghai Iroyal Chemical Co., Ltd......  Futong Chemical Co., Ltd.......              182.22              135.22
Shanghai Iroyal Chemical Co., Ltd......  Fujian Wynca Technology Co.,                 182.22              135.22
                                          Ltd.
Shanghai Iroyal Chemical Co., Ltd......  Zhejiang Hong Hao Technology                 182.22              135.22
                                          Co., Ltd.
Shanghai Iroyal Chemical Co., Ltd......  Shandong Yarong Chemical Co.,                182.22              135.22
                                          Ltd.
Shanghai Iroyal Chemical Co., Ltd......  Xuancheng City Trooyawn Refined              182.22              135.22
                                          Chemical Industry Co., Ltd.
Shanghai Yongxiangshun International     Hebei Zhenxing Chemical and                  182.22              135.22
 Trade Co., Ltd.                          Rubber Co., Ltd.
Xuancheng City Trooyawn Refined          Xuancheng City Trooyawn Refined              182.22              135.22
 Chemical Industry Co., Ltd.              Chemical Industry Co., Ltd.
Yoke Chemicals and New Materials         Jiangsu Yoke Technology Co.,                 182.22              135.22
 (Shanghai) Co. Ltd.                      Ltd.
Zhangjiagang Fortune Chemical Co., Ltd.  Nantong Jiangshan Agrochemical               182.22              135.22
                                          & Chemicals Limited Liability
                                          Co., Ltd.
Zhangjiagnag Fortune Chemical Co., Ltd.  Shandong Yarong Chemical Co.,                182.22              135.22
                                          Ltd.
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                            China Wide-Entity                                       * 269.60              247.29
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* This rate is based on facts available with adverse inferences.

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 subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the

[[Page 96225]]

Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which NV exceeds U.S. 
price, as indicated in the chart above as follows: (1) for the 
producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
Chinese producers/exporters of merchandise under consideration that 
have not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the Chinese producer/exporter combination (or the China-wide entity) 
that supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the chart of estimated weighted-average dumping 
margins, above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in the 
Federal Register, accordance with 19 CFR 351.224(b).
    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

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last final verification report is 
issued in this investigation. A timeline for the submission of case 
briefs and written comments will be notified to interested parties at a 
later date. 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.\12\ 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.\13\
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    \12\ 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).
    \13\ See 19 351.309(c)(2) and (d)(2).
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    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.\14\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the 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).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
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    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 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 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 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 24 and November 1, 2024, Anhui RunYue and ICL-IP 
America, Inc. (the petitioner) requested that Commerce postpone the 
final determination and that provisional measures be extended to a 
period not to exceed six months, respectively.\16\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii),

[[Page 96226]]

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.
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    \16\ See Anhui RunYue's Letter, ``Request for Postponement of 
Final AD Determination,'' dated October 24, 2024; see also 
Petitioner's Letter, ``Request to Postpone Final Determination,'' 
dated November 1, 2024.
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U.S. International Trade Commission (ITC) Notification

    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 the subject 
merchandise 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: November 26, 2024.
Abdelali Elouaradia,
Deputy 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 [deg]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){time}  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. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777(A)(f) of the Act
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-28397 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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