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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

EventEarliest Date
Petition FiledApril 23, 2024
DOC InitiationMay 13, 2024
ITC Preliminary Investigation:
Questionnaires DueMay 7, 2024
Request to appear at hearing                                     May 12, 2024
HearingMay 14, 2024
BriefsMay 19, 2024
ITC VoteJune 7, 2024
  
DOC Investigation Schedule: 
DOC Preliminary Antidumping DeterminationSeptember 30, 2024
DOC Final Antidumping DeterminationDecember 14, 2024
DOC Preliminary Countervailing DeterminationJuly 17, 2024
DOC Final Countervailing DeterminationSeptember 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

 202120222023
China   
Volume (kg)51,713,54847,871,89253,501,318
Customs Value (US $)118,783,614104,873,45373,791,562
Landed Value (US $)161,946,492145,354,669102,822,812
Per unit Customs Value ($/kg)2.302.191.38
Per unit Landed Value ($/kg)  3.133.041.92

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.