Certain Alkyl Phosphate Esters from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
Background
On April 23, 2024, Commerce received an antidumping duty (AD) petition concerning imports of esters from China, filed in proper form on behalf of ICL-IP America, Inc. (the petitioner), a domestic producer of esters.1 On May 20, 2024, Commerce initiated the LTFV investigation on esters from China.On April 23, 2024, Commerce received an antidumping duty (AD) petition concerning imports of esters from China, filed in proper form on behalf of ICL-IP America, Inc. (the petitioner), a domestic producer of esters.1 On May 20, 2024, Commerce initiated the LTFV investigation on esters from China.
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 °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)} 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.
Conclusion
On November 27 , 2024 , the U.S. Department of Commerce announced a preliminary anti-dumping ruling on Alkyl Phosphate Esters imported from China , and preliminarily determined that the dumping rate of Chinese producers / exporters was 164.29% to 269.60% (the margin after offsetting subsidies was adjusted to 135.22% to 247.29% ). . The U.S. Department of Commerce is expected to make a final anti-dumping ruling on this case on April 17 , 2025. This case mainly involves products under the U.S. customs code 2919.90.5050 .
Final Ruling
The US Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.