[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Notices]
[Pages 21897-21900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09163]
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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: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on
dioctyl terephthalate (DOTP) from Malaysia, Poland, Taiwan, and the
Republic of T[uuml]rkiye (T[uuml]rkiye).
DATES: Applicable May 22, 2025.
FOR FURTHER INFORMATION CONTACT: Nathan Araya (Malaysia), Colin
Thrasher (Poland), Hannah Lee (Taiwan), Dennis McClure or Noah Wetzel
(T[uuml]rkiye), AD/CVD Operations, Offices II, V, and VIII,
respectively, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3401, (202) 482-3004,
(202) 482-1216, (202) 482-5973 or (202) 482-7466, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on March 28, 2025, Commerce published in
the Federal Register its affirmative final determinations of sales at
less-than-fair-value (LTFV) of DOTP from Malaysia, Poland, Taiwan, and
T[uuml]rkiye.\1\ Pursuant
[[Page 21898]]
to section 735(d) of the Act, on May 9, 2025, the ITC notified Commerce
of its affirmative final determinations that an industry in the United
States is materially injured, within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of imports of DOTP from Malaysia,
Poland, Taiwan, and T[uuml]rkiye that are sold in the United States at
LTFV.\2\
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\1\ See Dioctyl Terephthalate from Malaysia: Final Affirmative
Determination of Sales at Less Than Fair Value, 90 FR 14073 (March
28, 2025) (DOTP from Malaysia Final Determination); Dioctyl
Terephthalate from Poland: Final Affirmative Determination of Sales
at Less Than Fair Value, 90 FR 14117 (March 28, 2025) (DOTP from
Poland Final Determination); Dioctyl Terephthalate from Taiwan:
Final Affirmative Determination of Sales at Less Than Fair Value, 90
FR 14069 (March 28, 2025) (DOTP from Taiwan Final Determination);
and Dioctyl Terephthalate From the Republic of T[uuml]rkiye: Final
Affirmative Determination of Sales at Less Than Fair Value, 90 FR
14071 (March 28, 2025) (DOTP from T[uuml]rkiye Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated May 9, 2025.
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Scope of the Orders
The products covered by these orders are DOTP from Malaysia,
Poland, Taiwan, and T[uuml]rkiye. For a complete description of the
scope of these orders, see the appendix to this notice.
AD Orders
Based on the above-referenced affirmative final determinations, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these AD orders. Moreover, because the ITC determined that U.S.
imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Malaysia, Poland, Taiwan, and T[uuml]rkiye, entered or
withdrawn from warehouse for consumption, as described below, are
subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price or constructed export price of the merchandise on all
relevant entries of DOTP from Malaysia, Poland, Taiwan, and
T[uuml]rkiye. With the exception of entries occurring after expiration
of the provisional measures period, but before publication of the ITC's
final affirmative injury determination, as further described below,
antidumping duties will be assessed on unliquidated U.S. entries of
DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye entered, or
withdrawn from warehouse, for consumption on or after November 5, 2024,
the date of publication of the Preliminary Determinations.\3\ Because
Commerce made final affirmative determinations of sales at LTFV of DOTP
from each of the above-referenced countries, Commerce directed CBP to
continue suspension of liquidation of DOTP from Malaysia, Poland,
Taiwan, and T[uuml]rkiye entered or withdrawn from warehouse for
consumption, on or after March 28, 2025, the date of publication of the
Final Determination.\4\
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\3\ See Dioctyl Terephthalate from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 87848 (November 5, 2024) (DOTP from Malaysia
Preliminary Determination); Dioctyl Terephthalate from Poland:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 87844 (November 5, 2025) (DOTP from
Poland Preliminary Determination); Dioctyl Terephthalate from
Taiwan: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 87846 (November 5, 2024) (DOTP from
Taiwan Preliminary Determination); and Dioctyl Terephthalate From
the Republic of T[uuml]rkiye: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures, 89 FR 87855
(November 5, 2024) (DOTP from T[uuml]rkiye Preliminary
Determination) (collectively, Preliminary Determinations).
\4\ See DOTP from Malaysia Final Determination, DOTP from Poland
Final Determination, DOTP from Taiwan Final Determination, and DOTP
from T[uuml]rkiye Final Determination.
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits at a rate
equal to the estimated weighted-average dumping margins listed in the
table below. Accordingly, effective on the date of publication in the
Federal Register of the notice of the ITC's affirmative final injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the weighted-average dumping margins listed in the
table below. The all-others rate applies to all producers or exporters
not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins, as published in
Commerce's Final Determinations, are as follows:
Malaysia
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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UPC Chemicals (Malaysia) Sdn Bhd............................ 7.50
All Others.................................................. 7.50
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Poland
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Grupa Azoty Zaklady Azotowy................................. *57.88
All Others.................................................. 57.88
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* Rate based on facts otherwise available with adverse inferences.
Taiwan
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Nan Ya Plastics Corp........................................ 18.73
Oxyde Chemicals Singapore Pte. Ltd.......................... * 32.94
Fortune Chemical Corp., Ltd................................. * 32.94
All Others.................................................. 18.73
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* Rate based on facts otherwise available with adverse inferences.
T[uuml]rkiye
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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By Petrokimya Sanayi Ve Ticaret A.S......................... * 80.71
All Others.................................................. 61.61
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* Rate based on facts otherwise available with adverse inferences.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of DOTP from Malaysia, Poland, Taiwan and T[uuml]rkiye,
Commerce extended the four-month period to no
[[Page 21899]]
more than six-months.\5\ In the underlying investigations, Commerce
published the Preliminary Determinations on November 5, 2024.
Therefore, the six-month provisional measures period beginning on the
date of publication of the Preliminary Determinations ended on May 4,
2025.
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\5\ See DOTP from Malaysia Preliminary Determination; DOTP from
Poland Preliminary Determination; DOTP from Taiwan Preliminary
Determination; and DOTP from T[uuml]rkiye Preliminary Determination.
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Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determinations, which in the
underlying investigations of DOTP from Malaysia, Poland, Taiwan, and
T[uuml]rkiye is May 15, 2025.\6\ Therefore, in accordance with section
736(a)(1) of the Act and our practice, Commerce will instruct CBP to
terminate the suspension of liquidation, and to liquidate, without
regard to antidumping duties, unliquidated U.S. entries of DOTP from
Malaysia, Poland, Taiwan, and T[uuml]rkiye entered, or withdrawn from
warehouse, for consumption on or after May 5, 2025, the first day on
which the provisional measures were no longer in effect, until and
through May 14, 2025, i.e., the day preceding the date of publication
of the ITC Final Determinations in the Federal Register.\7\ Suspension
of liquidation and the collection of cash deposits will resume on May
15, 2025, i.e., the date of publication of the ITC Final Determinations
in the Federal Register.\8\
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\6\ See Dioctyl Terephthalate (DOTP) From Malaysia, Poland,
Taiwan, and Turkey Determinations, 90 FR 20688 (May 15, 2025) (ITC
Final Determinations).
\7\ Id.
\8\ Id.
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws in the Federal Register.\9\ On September
27, 2021, Commerce published a notification titled Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions in
the Federal Register.\10\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be
maintained in ACCESS, under each case number, and under a specific
segment type called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance in the
annual inquiry service list segment in ACCESS for the order within 30
days after the date of publication of the order in the Federal
Register. For ease of administration, Commerce requests that a law firm
with more than one attorney representing an interested party in an
order designate a lead attorney to be included on the annual inquiry
service list. Commerce will finalize the annual inquiry service list
within five business days thereafter. As mentioned in the Procedural
Guidance,\13\ the new annual inquiry service list will be in place
until the following year, when the Opportunity Notice for the
anniversary month of the order is published in the Federal Register.
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\13\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time, as
needed, based on interested parties' amendments to their entries of
appearance to remove, or otherwise modify, their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in the
Federal Register in order to appear in the first annual inquiry service
list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\14\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to DOTP from
Malaysia, Poland, Taiwan, and T[uuml]rkiye, pursuant to section 736(a)
of the Act. Interested parties can find a list of AD orders currently
in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These AD orders are published in accordance with section 736(a) of
the Act and 19 CFR 351.211(b).
Dated: May 16, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Scope of the Orders
The merchandise covered by the orders 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 these orders.
DOTP that is otherwise subject to the orders is not excluded
when commingled with DOTP from sources not subject to this
investigation. Commingled refers to the mixing of subject and non-
subject DOTP.
[[Page 21900]]
Only the subject component of such commingled products is covered by
the scope of these orders.
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 orders.
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
orders is dispositive.
[FR Doc. 2025-09163 Filed 5-21-25; 8:45 am]
BILLING CODE 3510-DS-P