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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103877-103879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30170]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-721 and 731-TA-1689 (Final)]

Alkyl Phosphate Esters From China; Scheduling of the Final Phase 
of Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-721 and 731-TA-1689 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of alkyl phosphate esters from China, 
provided for in subheading 2919.90.50 of the Harmonized Tariff Schedule 
of the United States, preliminarily determined by the

[[Page 103878]]

Department of Commerce (``Commerce'') to be sold at less-than-fair-
value and subsidized by the government of China.

DATES: December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Celia Feldpausch (202) 205-2387 and 
Laurel Schwartz (202) 205-2398, Office of Investigations, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
Hearing-impaired persons can obtain information on this matter by 
contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server (https://www.usitc.gov). 
The public record for these investigations may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``. . . . 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 these investigations 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 
these investigations 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 these investigations 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 statistical reporting 
number 2919.90.5050 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Imports may also be classified under HTSUS statistical 
reporting numbers 2919.90.5010 and 3824.99.5000. The HTSUS provisions 
are for convenience and customs purposes. The written description of 
the scope is dispositive.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of alkyl phosphate esters, and that such products 
are being sold in the United States at less than fair value within the 
meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on April 23, 2024, by ICL-IP America, 
Inc., St. Louis, Missouri.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 
27, 2025, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
April 10, 2025. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Friday, April 
4, 2025. Any requests to appear as a witness via videoconference must 
be included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the investigations, may in their discretion for good cause 
shown, grant such a request. Requests to appear as remote witness due 
to illness or a positive COVID-19 test result may be submitted by 3 
p.m. the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to

[[Page 103879]]

appear at the hearing and make oral presentations should attend a 
prehearing conference, if deemed necessary, to be held at 9:30 a.m. on 
Monday, April 7, 2025. Parties shall file and serve written testimony 
and presentation slides in connection with their presentation at the 
hearing by no later than noon on April 9, 2025. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is 5:15 p.m. on April 3, 2025. Parties shall 
also file written testimony in connection with their presentation at 
the hearing, and posthearing briefs, which must conform with the 
provisions of Sec.  207.25 of the Commission's rules. The deadline for 
filing posthearing briefs is 5:15 p.m. on April 17, 2025. In addition, 
any person who has not entered an appearance as a party to the 
investigations may submit a written statement of information pertinent 
to the subject of the investigations, including statements of support 
or opposition to the petition, on or before 5:15 p.m. on April 17, 
2025. On May 9, 2025, the Commission will make available to parties all 
information on which they have not had an opportunity to comment. 
Parties may submit final comments on this information on or before 5:15 
p.m. on May 13, 2025, but such final comments must not contain new 
factual information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: December 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-30170 Filed 12-18-24; 8:45 am]
BILLING CODE 7020-02-P
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