DOTP: New AD Investigations Deadlines & Scope
The Commerce Department has issued a Federal Register notice on its recently initiated antidumping duty investigations on dioctyl terephthalate from Malaysia (A-557-827), Poland (A-455-808), Taiwan (A-583-875) and Turkey (A-489-852) (see 2404170073). The agency will determine whether imports of DOTP are being sold in the U.S. at less than fair value. The investigations cover entries during the period Jan. 1, 2023, through Dec. 31, 2023.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of DOTP from Malaysia, Poland, Taiwan and Turkey are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determinations, due May 10, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, due in September, it will set AD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD on importers and potentially change AD cash deposit rates.
AD Respondent Selection
Commerce said it intends to investigate the only known producers of DOTP in Malaysia and Poland -- Upc Chemicals (Malaysia) Sdn Bhd. and Grupa Azoty Zaklady Azotowy, respectively -- and will use CBP data to pick respondents to its AD investigations on Taiwan and Turkey. Comments are due April 25.
Scope of the AD/CVD 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 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 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.
Participants in the AD duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due May 6.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 03/26/24 |
| DOC initiation date | 04/15/24 |
| ITC prelim determinations | 05/10/24 |
| DOC prelim determinations | 09/02/24 |
| DOC final determinations | 11/18/24 |
| ITC final determinations | 01/02/25 |
| Issuance of orders | 01/09/23 |
These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2403280051 for a summary of the petition requesting these investigations.