90 FR 59 pgs. 14117-14118 - Dioctyl Terephthalate From Poland: Final Affirmative Determination of Sales at Less Than Fair Value
Type: NOTICEVolume: 90Number: 59Pages: 14117 - 14118
Pages: 14117, 14118Docket number: [A-455-808]
FR document: [FR Doc. 2025-05316 Filed 3-27-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-808]
Dioctyl Terephthalate From Poland: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that dioctyl terephthalate (DOTP) from Poland is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2023, through December 31, 2023.
DATES:
Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT:
Eliza Delong, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of DOTP from Poland in which we also postponed the final determination until March 20, 2025. 1 We invited interested parties to comment on the Preliminary Determination. No interested party submitted comments. Accordingly, the final determination remains unchanged from the Preliminary Determination and no decision memorandum accompanies this notice. The Preliminary Determination is hereby adopted in this final determination. Commerce conducted this LTFV investigation in accordance with section 735 of the Tariff Act of 1930, as amended (the Act).
Footnotes:
1 ? See 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, 2024) ( Preliminary Determination ), and accompanying Preliminary Decision Memorandum.
Scope of the Investigation
The product covered by this investigation is DOTP from Poland. For a complete description of the scope of this investigation, see the appendix to this notice.
Scope Comments
We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation.
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, we assigned Grupa Azoty Zaklady Azotowy (Grupa Azoty) an estimated weighted-average dumping margin based on AFA, pursuant to sections 776(a) and (b) of Act. 2 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA, pursuant to sections 776(a) and (b) of the Act, is warranted with respect to Grupa Azoty.
Footnotes:
2 ? Id., 89 FR at 87844.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.
In the Preliminary Determination, we assigned a dumping margin of 57.88 percent as the all-others rate based on the only calculated rate in the petition, in accordance with section 735(c)(5)(B) of the Act. 3 As noted above, we received no comments on our Preliminary Determination and, therefore, we continue to assign a dumping margin of 57.88 as the all-others rate for this final determination.
Footnotes:
3 ? See Preliminary Determination, 89 FR at 87844.
Final Determination
The final estimated weighted-average dumping margin is as follows:
| Producer/exporter | Weighted- average dumping margin (percent) |
|---|---|
| Grupa Azoty Zaklady Azotowy | *?57.88 |
| All Others | 57.88 |
| *?Rate based on facts available with adverse inferences. | |
Disclosure
Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the Federal Register , in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to the individually examined company, Grupa Azoty, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the Petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of DOTP from Poland, as described in the appendix of this notice, which are entered, or withdrawn from warehouse, for consumption on or after November 5, 2024, which is the date of publication of the affirmative Preliminary Determination in the Federal Register .
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate as follows: (1) the cash deposit rate for the respondent listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
[top] In accordance with section 735(d) of the Act, we will notify the ITC of this final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of DOTP from Poland no later than 45 days after this final determination. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated, and
Administrative Protective Order (APO)
This notice will serve as the final reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 20, 2025.
Christopher Abbott,
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 merchandise covered by this investigation 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 this investigation.
DOTP that is otherwise subject to this investigation 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. Only the subject component of such commingled products is covered by the scope of this investigation.
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 this investigation.
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 this investigation is dispositive.
[FR Doc. 2025-05316 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P