On April 23, 2024, ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of certain alkyl phosphate ester from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise from China that is within the scope of this Petition:
Alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms (also includes chlorinated alkyl chains) and with a phosphorus content of at least 6.5% (per weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 °C). Alkyl phosphate esters include 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). It has the chemical formula C9H18Cl3O4P and the 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. It 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). It has the chemical formula (C2H5O)3PO and the CAS No. 78-40-0. Also included in this investigation are isomers of the foregoing products and blends including one or more alkyl phosphate esters 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, HTSUS. Imports may also be classified under subheadings 2919.90.5010 and 3824.99.5500, HTSUS. References to the HTSUS classification are provided for convenience and customs purposes, and the written description of the merchandise under investigation is dispositive regarding the scope of the investigation.
PETITIONERS
622 Emerson Rd. #500
St. Louis, MO 63141
www.icl-group.com
Kathleen Molamphy
Vice President, General Counsel and Compliance Officer
Phone: (314) 983-7714
Email: Kate.Molamphy@icl-group.com
COUNSEL FOR PETITIONERS
Cassidy Levy Kent (USA) LLP
900 19th Street, NW, Suite 400
Washington, DC 20006
Tel.: 202-567-2300
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.
NAMED IMPORTERS
The List of Importers has not been provided in the petition and we will update this petition summary when that information becomes available.
ESTIMATED SCHEDULE
| Event | Earliest Date |
| Petition Filed | April 23, 2024 |
| DOC Initiation | May 13, 2024 |
| ITC Preliminary Investigation: | |
| Questionnaires Due | May 7, 2024 |
| Request to appear at hearing | May 12, 2024 |
| Hearing | May 14, 2024 |
| Briefs | May 19, 2024 |
| ITC Vote | June 7, 2024 |
| DOC Investigation Schedule: | |
| DOC Preliminary Antidumping Determination | September 30, 2024 |
| DOC Final Antidumping Determination | December 14, 2024 |
| DOC Preliminary Countervailing Determination | July 17, 2024 |
| DOC Final Countervailing Determination | September 30, 2024 |
| ITC Final Investigation: | |
| ITC Final AD Determination | January 28, 2025 |
| ITC Final CVD Determination | November 14, 2024 |
ALLEGED DUMPING MARGINS
China: 119.52% – 145.43%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
For a list of alleged subsidies alleged to be countervailable by the Petitioner, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
| 2021 | 2022 | 2023 | |
| China | |||
| Volume (kg) | 51,713,548 | 47,871,892 | 53,501,318 |
| Customs Value (US $) | 118,783,614 | 104,873,453 | 73,791,562 |
| Landed Value (US $) | 161,946,492 | 145,354,669 | 102,822,812 |
| Per unit Customs Value ($/kg) | 2.30 | 2.19 | 1.38 |
| Per unit Landed Value ($/kg) | 3.13 | 3.04 | 1.92 |
CONTACT US For more information concerning this petition and how it may affect your business, please contact Nithya Nagarajan, Dan Wilson, Jeffrey Neeley, or Stephen Brophy.