91 FR 46404 · published 2026-07-23
· Commerce Department, International Trade Administration
Mirrored from the Federal Register (retrieved 2026-08-08) —
the official copy is at federalregister.gov
(their site may ask for human verification).
In response to a circumvention inquiry request from ICL-IP America, Inc. (the requester), the U.S. Department of Commerce (Commerce) is self-initiating a scope inquiry to determine if spray- foam systems from the People's Republic of China (China) separately or part of a system are covered by the antidumping duty (AD) and countervailing duty (CVD) orders on certain alkyl phosphate esters (esters) from China. Commerce is deferring a circumvention inquiry on imports of spray-foam systems from China pending the results of the China scope inquiry.
[Federal Register Volume 91, Number 140 (Thursday, July 23, 2026)]
[Notices]
[Pages 46404-46405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14832]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168, C-570-169]
Certain Alkyl Phosphate Esters From the People's Republic of
China: Initiation of Scope Inquiry and Deferral of Circumvention
Inquiry of the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a circumvention inquiry request from ICL-IP
America, Inc. (the requester), the U.S. Department of Commerce
(Commerce) is self-initiating a scope inquiry to determine if spray-
foam systems from the People's Republic of China (China) separately or
part of a system are covered by the antidumping duty (AD) and
countervailing duty (CVD) orders on certain alkyl phosphate esters
(esters) from China. Commerce is deferring a circumvention inquiry on
imports of spray-foam systems from China pending the results of the
China scope inquiry.
DATES: Applicable July 23, 2026.
FOR FURTHER INFORMATION CONTACT: Natasia Byrd, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1240.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2026, pursuant to section 781(c) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.226, the requester filed a
circumvention inquiry request alleging that spray-foam systems
containing a blend of esters and exported to the United States from
China are circumventing the AD and CVD orders on esters from China \1\
and, accordingly, should be included within the scope of the Orders.\2\
\1\ See Certain Alkyl Phosphate Esters from the People's
Republic of China: Antidumping and Countervailing Duty Orders, 90 FR
24579 (June 11, 2025); and Certain Alkyl Phosphate Esters from the
People's Republic of China: Antidumping and Countervailing Duty
Orders; Correction, 90 FR 26967 (June 25, 2025) (collectively,
Orders).
\2\ See Requester's Letter, ``Request to Initiate an Anti-
Circumvention Inquiry Regarding Imports of Spray-Foam Systems from
China Containing a Blend of Alkyl Phosphate Esters from China,''
dated March 3, 2026.
On April 24, 2026, we issued a supplemental questionnaire to the
requester regarding its circumvention request.\3\ On May 1, 2026, the
requester filed its response to Commerce's supplemental questionnaire,
including in its response the information necessary for a scope inquiry
and clarifying that it is also requesting a scope inquiry under 19 CFR
351.225(d).\4\ On May 20, 2026, we issued a second supplemental
questionnaire to the requester regarding its circumvention request,\5\
and on June 1, 2026, the requester filed its response to Commerce's
second questionnaire.\6\
\3\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
April 24, 2026.
\4\ See Requester's Letter, ``ICL Response to Supplemental
Questionnaire Regarding Request to Initiate Anti-Circumvention
Inquiry Regarding Imports from China of Spray Foam Systems
Containing a Blend of Chinese Alkyl Phosphate Esters,'' dated May 1,
2026, at Scope Appendix.
\5\ See Commerce's Letter, ``Second Supplemental
Questionnaire,'' dated May 20, 2026.
\6\ See Requester's Letter, ``ICL Response to Second
Supplemental Questionnaire,'' dated June 1, 2026.
Scope of the Orders
For a complete description of the scope the Orders, see the ``Scope
of the Orders,'' in the appendix of this notice.
Statutory and Regulatory Requirements To Initiate the Scope Inquiry
Pursuant to 19 CFR 351.225(b), if Commerce ``determines from
available information that an inquiry is warranted to determine whether
a product is covered by the scope of an order,'' then Commerce ``may
initiate a scope inquiry and publish a notice of initiation in the
Federal Register.'' Additionally, pursuant to 19 CFR 351.226(d)(2)(i),
if, after reviewing a request for a circumvention inquiry, Commerce
determines a scope ruling is warranted Commerce may, ``defer initiation
of the circumvention inquiry pending the completion of any ongoing or
new segment of the proceeding addressing the scope issue.''
Merchandise Subject to the Scope Inquiry
The scope of the Orders covers merchandise containing ``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.'' The scope inquiry covers the esters-
containing side of spray foam systems imported from China, whether
imported separately or imported as part of a two-part spray foam
system. Accordingly, Commerce is self-initiating this scope inquiry to
determine if the esters-containing portion of spray-foam systems,
whether imported separately or imported as part of a two-part spray
foam system, meet this description. If Commerce finds that the esters-
containing side of two-part spray foam systems meets the description of
in-scope merchandise as outlined in the Orders, Commerce will find that
the merchandise meeting the scope description is covered by the Orders.
Suspension of Liquidation
Pursuant to 19 CFR 351.225(l)(1), when Commerce self-initiates a
scope inquiry under 19 CFR 351.225(b), Commerce will notify U.S.
Customs and Border Protection (CBP) of the initiation and direct CBP to
continue the suspension of liquidation of entries of products subject
to the scope inquiry that were already subject to the suspension of
liquidation, and to apply the cash deposit rate(s) that would be
applicable if the product were determined to be covered by the scope of
the order(s). Accordingly, Commerce will notify CBP of the initiation
of the
scope inquiry and direct CBP to continue to suspend (unliquidated)
entries of the products subject to the scope inquiry that were already
subject to the suspension of liquidation. In addition, Commerce will
direct CBP to apply the cash deposit rates that would be applicable if
the products were determined to be covered by the scope of the Orders.
Should Commerce issue preliminary or final scope rulings, Commerce will
follow the suspension of liquidation rules under 19 CFR 351.225(l)(2).
In the event that Commerce issues preliminary or final scope rulings
that the products are covered by the scope of the Orders, Commerce will
instruct CBP to continue the suspension of liquidation of previously
suspended entries and to apply the applicable cash deposit rates.
Commerce will also instruct CBP to begin the suspension of liquidation
and application of cash deposits for any unliquidated entries not yet
suspended, entered, or withdrawn from warehouse, for consumption, on or
after the date of initiation of the scope inquiry pursuant to
paragraphs (l)(2)(ii) and (l)(3)(ii). In addition, pursuant to
paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce normally will
instruct CBP to begin the suspension of liquidation and application of
cash deposits for any unliquidated entries not yet suspended, entered,
or withdrawn from warehouse, for consumption, prior to the date of
initiation of the scope inquiry, but not for such entries prior to
November 4, 2021, the effective date of these provisions in the Final
Rule.\7\ These rules will not affect CBP's authority to take any
additional action with respect to the suspension of liquidation or
related measures for these entries, as stated in 19 CFR 351.225(l)(5).
\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52327
(September 20, 2021) (Final Rule).
Notification to Interested Parties
In accordance with sections 19 CFR 351.225(b), Commerce determines
that available information supports initiating a scope inquiry to
determine whether certain imports of spray-foam systems containing a
blend of esters are subject to the Orders. Accordingly, Commerce is
notifying all interested parties of the initiation of the scope inquiry
and deferral of the circumvention inquiry. In addition, we have
included a description of the products that are the subject of this
inquiry, and an explanation of the reasons for Commerce's decision to
initiate this scope inquiry as provided above. In accordance with 19
CFR 351.225(e)(1), Commerce intends to issue its final scope ruling
within 120 days from the date of publication of the notice of
initiation in the Federal Register. Commerce may extend this deadline
by no more than 180 days in accordance with 19 CFR 351.225(e)(2).
This notice is published in accordance with 19 CFR 351.225(b).
Dated: July 16, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The products covered by these orders 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[middot]s (at 20-25 [deg]C).
Merchandise subject to these orders 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 C9 H18
Cl3 O4 P 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){time} phosphate, TDCPP, and TDCIPP.
TDCP has the chemical formula C9 H15
Cl6 O4 P 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 (C2 H5 O)3 PO and
the CAS No. 78-40-0.
Imported alkyl phosphate esters are not excluded from the scope
of these orders 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 these orders 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.
[FR Doc. 2026-14832 Filed 7-22-26; 8:45 am]
BILLING CODE 3510-DS-P
Public-domain US Government work, mirrored verbatim by the Trimtab US Trade Ledger for citation stability. All tariff paper →