International Trade Today is a Warren News publication.

New AD/CV Duties Requested on Alkyl Phosphate Esters From China

A U.S. manufacturer seeks the imposition of new antidumping and countervailing duties on alkyl phosphate esters from China, it said in petitions filed last week with the Commerce Department and the International Trade Commission. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders on alkyl phosphate esters, used among other things as a fire retardant in foams and plastics, and the assessment of AD/CVD on importers. The investigations were requested by ICL-IP America.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

Proposed Scope

The petition proposes the following scope for the investigations:

"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."

Commerce Accepting Comments on Petition Support

The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Commerce hasn't yet set a due date for comments.