[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29285-29290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-827, A-455-808, A-583-875, A-489-852]


Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the 
Republic of T[uuml]rkiye: Initiation of Less-Than-Fair-Value 
Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable April 15, 2024.

FOR FURTHER INFORMATION CONTACT: Nathan Araya (Malaysia) at (202) 482-
3401; Cameron Cheatham (Poland) at (678) 756-8362; Brian Smith (Taiwan) 
at (202) 482-1766; and Craig Matney (the Republic of T[uuml]rkiye 
(T[uuml]rkiye)) at (202) 482-2429, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On March 26, 2024, the U.S. Department of Commerce (Commerce)

[[Page 29286]]

received antidumping duty (AD) petitions concerning imports of dioctyl 
terephthalate (DOTP) filed in proper form on behalf of Eastman Chemical 
Company (the petitioner).\1\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties,'' dated March 26, 2024 (the Petitions).
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    Between March 28 and April 4, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\2\ The petitioner filed responses to the 
supplemental questionnaires between April 1 and 8, 2024.\3\
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    \2\ See Commerce's Letter, ``Supplemental Questions,'' dated 
March 28, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Malaysia Supplemental, 
Poland Supplemental, Taiwan Supplemental, and T[uuml]rkiye 
Supplemental, dated March 28, 2024 and March 29, 2024; and 
Memorandum, ``Phone Call with Petitioner,'' dated April 4, 2024.
    \3\ See Petitioner's Letter, ``Response to Request for 
Clarification,'' dated April 1, 2024 (General Issues Supplement); 
see also Country-Specific AD Supplemental Responses, dated April 1, 
2024 and April 3, 2024; and Petitioner's Letter, ``Response to 
Request for Clarification (Turkey),'' dated April 8, 2024.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of DOTP from 
Malaysia, Poland, Taiwan, and T[uuml]rkiye are being, or are likely to 
be, sold in the United States at less than fair value (LTFV) within the 
meaning of section 731 of the Act, and that imports of such products 
are materially injuring, or threatening material injury to, the DOTP 
industry in the United States. Consistent with section 732(b)(1) of the 
Act, the Petitions were accompanied by information reasonably available 
to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\4\
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    \4\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Periods of Investigation

    Because the Petitions were filed on March 26, 2024, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) for each of these 
LTFV investigations is January 1, 2023, through December 31, 2023.

Scope of the Investigations

    The product covered by these investigations is DOTP from Malaysia, 
Poland, Taiwan, and T[uuml]rkiye. For a full description of the scope 
of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On March 28, 2024, Commerce requested information and clarification 
from the petitioner regarding the proposed scope to ensure that the 
scope language in the Petitions is an accurate reflection of the 
products for which the domestic industry is seeking relief.\5\ On April 
1, 2024, the petitioner provided clarifications regarding the scope.\6\ 
The description of merchandise covered by these investigations, as 
described in the appendix to this notice, reflects the products for 
which the domestic industry is seeking relief.
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    \5\ See General Issues Questionnaire.
    \6\ See General Issues Supplement at 1-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\7\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\8\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on May 6, 2024, which is the next business day after 20 
calendar days from the signature date of this notice.\9\ Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on May 16, 2024, which is 10 calendar days from the initial 
comment deadline.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \9\ The deadline for scope comments falls on May 5, 2024, which 
is a Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will 
accept comments filed by 5:00 p.m. ET on May 6, 2024 (``For both 
electronically filed and manually filed documents, if the applicable 
due date falls on a non-business day, the Secretary will accept 
documents that are filed on the next business day.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\10\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of DOTP to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the subject merchandise 
in order to report the relevant cost of production (COP) accurately, as 
well as to develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe DOTP, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and

[[Page 29287]]

issuing the AD questionnaires, all product characteristics comments 
must be filed by 5:00 p.m. ET on May 6, 2024, which is the next 
business day after 20 calendar days from the signature date of this 
notice.\11\ Any rebuttal comments must be filed by 5:00 p.m. ET on May 
16, 2024, which is 10 calendar days from the initial comment deadline. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of each of the LTFV 
investigations.
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    \11\ See 19 CFR 351.303(b)(1). The deadline for product 
characteristics comments falls on May 5, 2024, which is a Sunday. In 
accordance with 19 CFR 351.303(b)(1), Commerce will accept comments 
filed by 5:00 p.m. ET on May 6, 2024 (``For both electronically 
filed and manually filed documents, if the applicable due date falls 
on a non-business day, the Secretary will accept documents that are 
filed on the next business day.'').
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic-
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that DOTP, as defined in 
the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\15\
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    \14\ See Petitions at Volume I (pages 10-13 and Exhibits Gen-4 
through Gen-6, Gen-12, and Gen-14).
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Dioctyl 
Terephthalate from Malaysia, Poland, Taiwan, and the Republic of 
T[uuml]rkiye, dated concurrently with, and hereby adopted by, this 
notice (Country-Specific AD Initiation Checklists) at Attachment II, 
Analysis of Industry Support for the Antidumping Duty Petitions 
Covering Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and 
the Republic of T[uuml]rkiye (Attachment II). These checklists are 
on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\16\ In addition, 
the petitioner estimated the 2023 production of BASF Corporation, the 
other U.S. producer of the domestic like product in 2023.\17\ The 
petitioner then compared its production to the total volume of DOTP 
produced by the U.S. industry.\18\ We relied on the data provided by 
the petitioner for purposes of measuring industry support.\19\
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    \16\ See Petitions at Volume I (page 4).
    \17\ Id. at 4 and Exhibit Gen-15.
    \18\ Id. at 4.
    \19\ Id.; see also General Issues Supplement at 2 and Exhibit 
Supp-Gen1. For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\23\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
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    \20\ See Petitions at Volume I (page 4 and Exhibit Gen-15); see 
also General Issues Supplement at 2. For further discussion, see 
Attachment II of the Country-Specific AD Initiation Checklists.
    \21\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \23\ Id.
    \24\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner states that 
subject imports from Malaysia, Poland, Taiwan, and T[uuml]rkiye 
individually exceed the

[[Page 29288]]

negligibility threshold provided for under section 771(24)(A) of the 
Act.\25\
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    \25\ See Petitions at Volume I (page 19 and Exhibits Gen-1 and 
Gen-15); see also General Issues Supplement at 2 and Exhibit Supp-
Gen-2.
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; lost market 
share; underselling and price depression and/or suppression; declines 
in volume of production, sales, productivity and profitability; and 
lost sales and revenue.\26\ We assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, 
causation, as well as negligibility, and we have determined that these 
allegations are properly supported by adequate evidence and meet the 
statutory requirements for initiation.\27\
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    \26\ See Petitions at Volume I (pages 1-2, 14-37, and Exhibits 
Gen-1, Gen-4 through Gen-8, and Gen-13 through Gen-17); see also 
General Issues Supplement at 2 and Exhibit Supp-Gen-2.
    \27\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Dioctyl 
Terephthalate from Malaysia, Poland, Taiwan, and the Republic of 
T[uuml]rkiye.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye. The 
sources of data for the deductions and adjustments relating to U.S. 
price and normal value (NV) are discussed in greater detail in the 
Country-Specific AD Initiation Checklists.

U.S. Price

    For Malaysia, Poland, Taiwan, and T[uuml]rkiye, the petitioner 
based export price (EP) on pricing information for sales, or offers for 
sale, of DOTP produced in and exported from each country.\28\ For each 
country, the petitioner made certain adjustments to U.S. price to 
calculate net ex-factory U.S. prices, where applicable.\29\
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    \28\ See Country-Specific AD Initiation Checklists.
    \29\ Id.
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Normal Value 
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    \30\ In accordance with section 773(b)(2) of the Act, for each 
of these LTFV investigations, Commerce will request information 
necessary to calculate the constructed value (CV) and COP to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product.
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    For Malaysia, Taiwan, and T[uuml]rkiye, the petitioner based NV on 
home market prices it obtained for DOTP produced in and sold, or 
offered for sale, in the respective countries during the POI.\31\ For 
Taiwan and T[uuml]rkiye, the petitioner provided information indicating 
that the prices for DOTP sold or offered for sale in the respective 
countries were below the COP.\32\ Therefore, for Taiwan and 
T[uuml]rkiye, the petitioner calculated NV based on CV.\33\ For further 
discussion of CV for Taiwan and T[uuml]rkiye, see the section ``Normal 
Value Based on Constructed Value'' below.
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    \31\ See Malaysia AD Initiation Checklist; Taiwan AD Initiation 
Checklist; and T[uuml]rkiye AD Initiation Checklist.
    \32\ See Taiwan AD Initiation Checklist; and T[uuml]rkiye AD 
Initiation Checklist.
    \33\ Id.
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    For Poland, the petitioner states that there are believed to be 
insignificant commercial sales of DOTP in Poland and, therefore, it 
based NV on pricing information for DOTP produced in Poland and sold, 
or offered for sale, in a third country.\34\
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    \34\ See Poland AD Initiation Checklist.
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Normal Value Based on Constructed Value

    As noted above, for Taiwan and T[uuml]rkiye, the petitioner 
provided information that indicated that the prices for DOTP sold or 
offered for sale in the respective home markets were below the COP.\35\ 
Therefore, for Taiwan and T[uuml]rkiye, the petitioner calculated NV 
based on CV.\36\
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    \35\ See Taiwan AD Initiation Checklist; and T[uuml]rkiye AD 
Initiation Checklist.
    \36\ Id.
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    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, selling, general, and 
administrative (SG&A) expenses, financial expenses, and profit.\37\ For 
each of these countries, in calculating the cost of manufacturing, the 
petitioner relied on its own production experience and input 
consumption rates, valued using publicly available information 
applicable to the respective countries.\38\ In calculating SG&A 
expenses, financial expenses, and profit ratios, the petitioner relied 
on the 2022 or 2023 financial statements of a producer of identical 
merchandise domiciled in the respective countries, where 
applicable.\39\
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    \37\ Id.
    \38\ Id.
    \39\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of DOTP from Malaysia, Poland, Taiwan, and 
T[uuml]rkiye are being, or are likely to be, sold in the United States 
at LTFV. Based on comparisons of EP to NV in accordance with sections 
772 and 773 of the Act, the estimated dumping margins for DOTP for each 
of the countries covered by this initiation are as follows: (1) 
Malaysia--48.70 percent; (2) Poland--57.88 percent; (3) Taiwan--93.04 
to 148.22 percent; and (4) T[uuml]rkiye--42.50 and 80.71 percent.\40\
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    \40\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye 
are being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

Malaysia and Poland

    In the Petitions, the petitioner identified one company in Malaysia 
(Upc Chemicals (Malaysia) Sdn Bhd.) as a producer/exporter of DOTP and 
one company in Poland (Grupa Azoty Zaklady Azotowy) as a producer/
exporter of DOTP and provided independent, third-party information as 
support.\41\ We currently know of no additional producers/exporters of 
DOTP from Malaysia and Poland.
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    \41\ See Petitions at Volume I (page 5 and Exhibits Gen-9 and 
Gen-16); see also General Issues Supplement at 1 and Exhibit Gen-9.
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    Accordingly, Commerce intends to individually examine all known 
producers/exporters in the investigations from these countries (i.e., 
the companies cited above). We invite interested parties to comment on 
this issue. Such comments may include factual information within the 
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so 
within three business days of the publication of this notice in the 
Federal Register. Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because 
we intend to examine all known producers/exporters in Malaysia and 
Poland, if no comments are received or if comments received further 
support the existence of these sole producers/exporters in Malaysia and 
Poland, respectively, we do not intend to conduct respondent selection 
and will proceed to issuing the initial AD

[[Page 29289]]

questionnaires to the companies identified. However, if comments are 
received which create a need for a respondent selection process, we 
intend to finalize our decisions regarding respondent selection within 
20 days of publication of this notice.

Taiwan and T[uuml]rkiye

    In the Petitions, the petitioner identified four companies in 
Taiwan as producers/exporters of DOTP and 10 companies in T[uuml]rkiye 
as producers/exporters of DOTP.\42\ Following standard practice in LTFV 
investigations involving market economy countries, in the event 
Commerce determines that the number of companies is large, and it 
cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on U.S. Customs and Border Protection (CBP) data for 
imports under the appropriate Harmonized Tariff Schedule of the United 
States (HTSUS) subheading(s) listed in the ``Scope of the 
Investigations,'' in the appendix.
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    \42\ See Petitions at Volume I (page 5 and Exhibit Gen-9); see 
also General Issues Supplement at 1 and Exhibit Gen-9.
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    On April 9, 2024, Commerce released CBP data on imports of DOTP 
from Taiwan and T[uuml]rkiye under administrative protective order 
(APO) to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on CBP data and/or 
respondent selection must do so within three business days of the 
publication date of this notice of initiation of these 
investigations.\43\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \43\ See Memoranda, ``Release of U.S. Customs and Border 
Protection Data,'' dated April 9, 2024.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Malaysia, Poland, Taiwan, and 
T[uuml]rkiye via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the Petitions to each exporter 
named in the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of DOTP from Malaysia, Poland, Taiwan, and/or 
T[uuml]rkiye are materially injuring, or threatening material injury 
to, a U.S. industry.\44\ A negative ITC determination for any country 
will result in the investigation being terminated with respect to that 
country.\45\ Otherwise, these LTFV investigations will proceed 
according to statutory and regulatory time limits.
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    \44\ See section 733(a) of the Act.
    \45\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \46\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\47\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \46\ See 19 CFR 351.301(b).
    \47\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the COP in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act (i.e., a cost-based 
PMS allegation), Commerce will respond to such a submission consistent 
with 19 CFR 351.301(c)(2)(v). If Commerce finds that a cost-based PMS 
exists under section 773(e) of the Act, then it will modify its dumping 
calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 301(c)(2)(i) and 19 CFR 351.404(c)(2).

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\48\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions

[[Page 29290]]

which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\49\
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    \48\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD proceeding must 
certify to the accuracy and completeness of that information.\50\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\51\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \50\ See section 782(b) of the Act.
    \51\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information and has made additional clarifications and corrections to 
its AD/CVD regulations.\52\
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    \52\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 15, 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

Scope of the Investigations

    The merchandise covered by these investigations 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 these investigations is not 
excluded when commingled with DOTP from sources not subject to these 
investigations. 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 these investigations.
    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 these investigations.
    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 these 
investigations is dispositive.

[FR Doc. 2024-08449 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P