2024-21087. Certain Alkyl Phosphate Esters From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

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Department of Commerce

International Trade Administration

1. [A-570-168]

AGENCY:

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

DATES:

Applicable September 17, 2024.

FOR FURTHER INFORMATION CONTACT:

Dennis McClure or 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: [phone] and [phone], respectively.

SUPPLEMENTARY INFORMATION:

Background

On May 13, 2024, the U.S. Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation of imports of certain alkyl phosphate esters from the People's Republic of China.^[1] On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.^[2] Currently, the preliminary determination is due no later than October 7, 2024.

Postponement of Preliminary Determination

Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires ( print page 76088) Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.

On September 6, 2024, the petitioner ^[3] submitted a timely request that Commerce postpone the preliminary determination in the LTFV investigation.^[4] The petitioner stated that it requested postponement due to the “size and complexity of the investigation.” ^[5]

For the reason stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days ( i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than November 26, 2024. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date.

This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

Dated: September 11, 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.

Footnotes

1.   See Certain Alkyl Phosphate Esters from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation: Initiation of Less-Than-Fair-Value Investigation,89 FR 43801 (May 20, 2024).

2.   See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.

3.  The petitioner is ICL-IP America, Inc.

4.   See Petitioner's Letter, “Request to Extend Antidumping Preliminary Determination,” dated September 6, 2024.

5.   Id.