2024-08449. Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the Republic of Türkiye: 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 [phone]; Cameron Cheatham (Poland) at [phone]; Brian Smith (Taiwan) at [phone]; and Craig Matney (the Republic of Türkiye (Türkiye)) at [phone], 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) received antidumping duty (AD) petitions concerning imports of dioctyl terephthalate (DOTP) filed in proper form on behalf of Eastman Chemical Company (the petitioner).^[1]

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]

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 Türkiye 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]

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 Türkiye. 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.

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.

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.

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 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.

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]

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]

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]

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]

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 Türkiye individually exceed the negligibility threshold provided for under section 771(24)(A) of the Act.^[25]

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]

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 Türkiye. 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 Türkiye, 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]

Normal Value 

For Malaysia, Taiwan, and Türkiye, 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 Türkiye, 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 Türkiye, the petitioner calculated NV based on CV.^[33] For further discussion of CV for Taiwan and Türkiye, see the section “Normal Value Based on Constructed Value” below.

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]

Normal Value Based on Constructed Value

As noted above, for Taiwan and Türkiye, 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 Türkiye, the petitioner calculated NV based on CV.^[36]

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]

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 Türkiye 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) Türkiye—42.50 and 80.71 percent.^[40]

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 Türkiye 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.

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 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 Türkiye

In the Petitions, the petitioner identified four companies in Taiwan as producers/exporters of DOTP and 10 companies in Türkiye 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.

On April 9, 2024, Commerce released CBP data on imports of DOTP from Taiwan and Türkiye 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.

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 Türkiye 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 Türkiye 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.

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.

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 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]

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.

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]

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 C₆ H₄ (C₈ H₁₇ COO)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.

Footnotes

1.   See Petitioner's Letter, “Petitions for the Imposition of Antidumping Duties,” dated March 26, 2024 (the Petitions).

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 Türkiye 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.

4.   See section on “Determination of Industry Support for the Petitions,” infra.

5.   See General Issues Questionnaire.

6.   See General Issues Supplement at 1-2.

7.   See Antidumping Duties; Countervailing Duties, Final Rule,62 FR 27296, 27323 (May 19, 1997) ( Preamble); see also19 CFR 351.312.

8.   See19 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.”).

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.

11.   See19 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.”).

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)).

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 Türkiye, 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 Türkiye (Attachment II). These checklists are on file electronically via ACCESS.

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.

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.

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.

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 Türkiye.

28.   See Country-Specific AD Initiation Checklists.

29.   Id.

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.

31.   See Malaysia AD Initiation Checklist; Taiwan AD Initiation Checklist; and Türkiye AD Initiation Checklist.

32.   See Taiwan AD Initiation Checklist; and Türkiye AD Initiation Checklist.

33.   Id.

34.   See Poland AD Initiation Checklist.

35.   See Taiwan AD Initiation Checklist; and Türkiye AD Initiation Checklist.

36.   Id.

37.   Id.

38.   Id.

39.   Id.

40.   See Country-Specific AD Initiation Checklists.

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.

42.   See Petitions at Volume I (page 5 and Exhibit Gen-9); see also General Issues Supplement at 1 and Exhibit Gen-9.

43.   See Memoranda, “Release of U.S. Customs and Border Protection Data,” dated April 9, 2024.

44.   See section 733(a) of the Act.

45.   Id.

46.   See19 CFR 351.301(b).

47.   See19 CFR 351.301(b)(2).

48.   See19 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.   See19 CFR 351.302; see also, e.g., Time Limits Final Rule.

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.

52.   See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069 (September 29, 2023).