[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43801-43806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10934]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-168]


Certain Alkyl Phosphate Esters From the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable May 13, 2024.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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.

SUPPLEMENTARY INFORMATION:

The Petition

    On April 23 and 24, 2024, the U.S. Department of Commerce 
(Commerce) received an antidumping duty (AD) petition concerning 
imports of certain alkyl phosphate esters (alkyl phosphate esters) from 
the People's Republic of China (China) filed in proper form on behalf 
of ICL-IP America, Inc. (the petitioner).\1\ The Petition was

[[Page 43802]]

accompanied by a countervailing duty (CVD) petition concerning imports 
of alkyl phosphate esters from China.\2\
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    \1\ See Petitioner's Letters, ``Antidumping and Countervailing 
Duty Petitions,'' dated April 23, 2024 (the Petition); and ``Errata 
to Antidumping and Countervailing Duty Petitions,'' dated April 24, 
2024.
    \2\ Id.
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    Between April 25 and May 2, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in 
supplemental questionnaires.\3\ The petitioner responded to Commerce's 
supplemental questionnaires between April 29 and May 3, 2024.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 25, 2024; and ``Supplemental Questions,'' dated April 25, 
2024; see also Memorandum, ``Phone Call with Counsel to 
Petitioner,'' dated May 2, 2024.
    \4\ See Petitioner's Letters, ``Responses to Petition 
Supplemental Questionnaires,'' dated April 29, 2024 (First General 
Issues Supplement); and ``Responses to China AD Questionnaire,'' 
dated April 29, 2024; ``Responses to Second Petition Supplemental 
Questionnaire,'' dated May 3, 2024; and ``Responses to Second 
Petition Supplemental Questionnaires,'' dated May 3, 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 alkyl 
phosphate esters from China 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 alkyl 
phosphate esters industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petition was accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act.\a\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Period of Investigation

    Because the Petition was filed on April 23, 2024, and because China 
is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) for the China LTFV 
investigation is October 1, 2023, through March 31, 2024.

Scope of the Investigation

    The products covered by this investigation are alkyl phosphate 
esters from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on the Scope of the Investigation

    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).\6\ 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 determination. If scope comments include factual 
information,\7\ 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 June 3, 2024, which is the next business day after 20 
calendar days from the signature date of this notice.\8\ Any rebuttal 
comments, which may include factual information, and should also be 
limited to public information, must be filed by 5:00 p.m. ET on June 
13, 2024, which is 10 calendar days from the initial comment deadline.
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ The deadline for scope comments falls on June 2, 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 June 3, 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 this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation 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 and CVD 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.\9\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \9\ 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 alkyl phosphate esters 
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 factors of 
production (FOP) 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. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
product characteristics comments must be filed by 5:00 p.m. ET on June 
3, 2024, which is the next business day after 20 calendar days from the 
signature date of this notice.\10\ Any rebuttal comments must be filed 
by 5:00 p.m. ET on June 13, 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 the LTFV investigation.
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    \10\ The deadline for product characteristics comments falls on 
June 2, 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 June 3, 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 Petition

    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

[[Page 43803]]

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 must apply the same statutory definition regarding the domestic 
like product,\11\ 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.\12\
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    \11\ See section 771(10) of the Act.
    \12\ 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 investigation.\13\ Based on our analysis of the information 
submitted on the record, we have determined that alkyl phosphate 
esters, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\14\
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    \13\ See Petition at Volume I (pages 15-17 and Exhibits I-4 and 
I-6); see also First General Issues Supplement at 11-15.
    \14\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Certain Alkyl Phosphate Esters from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (China AD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Alkyl Phosphate Esters from the 
People's Republic of China. This checklist is 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 Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\15\ The petitioner 
asserts that there are currently no other known producers of alkyl 
phosphate esters in the United States; therefore, the Petition is 
supported by 100 percent of the U.S. industry.\16\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\17\
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    \15\ See Petition at Volume I (Exhibit I-11); see also First 
General Issues Supplement at 10-11.
    \16\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2, 
and I-8); see also First General Issues Supplement at 7-11 and 
Exhibit I-17.
    \17\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2, 
and I-8, and I-11); see also First General Issues Supplement at 7-11 
and Exhibit I-17. For further discussion, see Attachment II of the 
China AD Initiation Checklist.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\18\ First, the Petition 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).\19\ 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 Petition account for at least 25 percent of the total 
production of the domestic like product.\20\ 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 Petition 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 Petition.\21\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\22\
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    \18\ See Attachment II of the China AD Initiation Checklist.
    \19\ Id.; see also section 732(c)(4)(D) of the Act.
    \20\ See Attachment II of the China AD Initiation Checklist.
    \21\ Id.
    \22\ 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 alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\23\
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    \23\ See Petition at Volume I (page 18 and Exhibit I-10).
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports; reduced market 
share; underselling and price depression and/or suppression; lost sales 
and revenues; negative impact on domestic industry capacity, capacity 
utilization, and employment; and negative impact on domestic industry 
sales revenue and operating profits.\24\ 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.\25\
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    \24\ Id. at 18-34 and Exhibits I-1, I-3, I-4, I-8, and I-10 
through I-13.
    \25\ See China AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Alkyl Phosphate Esters from the People's Republic 
of China.
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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 an LTFV 
investigation of imports of alkyl phosphate esters from China. 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 
China AD Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on pricing information for 
sales, or

[[Page 43804]]

offers for sale, of alkyl phosphate esters produced in and exported 
from China.\26\ The petitioner also based EP on the average unit value 
derived from official import statistics for imports of alkyl phosphate 
esters from China into the United States during the POI.\27\ The 
petitioner made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price, where applicable.\28\
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    \26\ See China AD Initiation Checklist.
    \27\ Id.
    \28\ Id.
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Normal Value

    Commerce considers China to be an NME country.\29\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of the China LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \29\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that the Republic of T[uuml]rkiye 
(T[uuml]rkiye) is an appropriate surrogate country for China because it 
is a market economy that is at a level of economic development 
comparable to that of China and is a significant producer of comparable 
merchandise.\30\ The petitioner provided publicly available information 
from T[uuml]rkiye to value all FOPs (except propylene oxide).\31\ To 
value propylene oxide, the petitioner provided import statistics from 
another surrogate country, Malaysia.\32\ Based on the information 
provided by the petitioner, we believe it is appropriate to use 
T[uuml]rkiye as a surrogate country for China to value all FOPs (except 
propylene oxide) and Malaysia to value propylene oxide for initiation 
purposes.
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    \30\ See China AD Initiation Checklist.
    \31\ Id.
    \32\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used product-specific consumption rates from a U.S. producer 
of alkyl phosphate esters as a surrogate to value Chinese 
manufacturers' FOPs.\33\ Additionally, the petitioner calculated 
factory overhead, selling, general, and administrative expenses, and 
profit based on the experience of a Turkish producer of comparable 
merchandise.\34\
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    \33\ Id.
    \34\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of alkyl phosphate esters from China 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 range from 86.45 to 171.61 percent 
ad valorem.\35\
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    \35\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
questionnaire responses, we find that they meet the requirements of 
section 732 of the Act. Therefore, we are initiating an LTFV 
investigation to determine whether imports of alkyl phosphate esters 
from China 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 
determination no later than 140 days after the date of these 
initiations.

Respondent Selection

    In the Petition, the petitioner named 65 companies in China as 
producers and/or exporters of alkyl phosphate esters.\36\ Our standard 
practice for respondent selection in AD investigations involving NME 
countries is to select respondents based on quantity and value (Q&V) 
questionnaires in cases where Commerce has determined that the number 
of companies is large, and it cannot individually examine each company 
based upon its resources. Therefore, considering the number of 
producers and/or exporters identified in the Petition, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce 
determines that the number is large and decides to limit the number of 
respondents individually examined pursuant to section 777A(c)(2) of the 
Act. Because there are 65 Chinese producers and/or exporters identified 
in the Petition, Commerce has determined that it will issue Q&V 
questionnaires to the largest producers and/or exporters that are 
identified in the U.S. Customs and Border Protection data for which 
there is complete address information on the record.\37\
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    \36\ See Petition at Volume I (page 14 and Exhibit I-8); see 
also First General Issues Supplement at 1 and Exhibit I-8.
    \37\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated May 8, 2024.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of alkyl phosphate esters from 
China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on May 28, 2024, which is the next 
business day after two weeks from the signature date of this 
notice.\38\ All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
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    \38\ The Q&V questionnaire response deadline falls on May 27, 
2024, which is a federal holiday. In accordance with 19 CFR 
351.303(b)(1), Commerce will accept Q&V questionnaire responses 
filed by 5:00 p.m. ET on May 28, 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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    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). As stated above, instructions for filing such applications 
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's

[[Page 43805]]

website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. 
The separate rate application will be due 30 days after publication of 
this initiation notice. Exporters and producers must file a timely 
separate rate application if they want to be considered for individual 
examination. Exporters and producers who submit a separate rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response both to the Q&V questionnaire and to the separate rate 
application by the respective deadlines to receive consideration for 
separate rate status. Companies not filing a timely Q&V questionnaire 
response will not receive separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\39\
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    \39\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005), at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, 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 Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of alkyl phosphate esters from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\40\ A negative ITC determination will result in the 
investigation being terminated.\41\ Otherwise, this LTFV investigation 
will proceed according to statutory and regulatory time limits.
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    \40\ See section 733(a) of the Act.
    \41\ 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 \42\ 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.\43\ 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 this investigation.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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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.\44\ 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 
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 this investigation.\45\
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    \44\ 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.
    \45\ 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 or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ 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 this investigation 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 amended certain of its

[[Page 43806]]

requirements pertaining to the service of documents in 19 CFR 
351.303(f).\48\
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    \48\ 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: May 13, 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 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.

[FR Doc. 2024-10934 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P