New Antidumping Duty and Countervailing Duty Petitions on Alkyl Phosphate Esters From China

At a Glance

• ICL-IP America, Inc. filed both antidumping duty petitions and countervailing duty petitions on certain alkyl phosphate esters from China.
• Investigations related to these petitions could result in increased prices and/or decreased supply of alkyl phosphate esters.
• The U.S. Department of Commerce is expected to begin investigations on May 13, 2024.

On April 23, 2024, antidumping duty (AD) and countervailing duty (CVD) petitions were filed on certain alkyl phosphate esters from China. The petitions were filed by ICL-IP America, Inc., a subsidiary of the ICL Group (Petitioner). Alkyl phosphate esters are used as a flame retardant and as additives in a wide range of products.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidization is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of alkyl phosphate esters.

Scope

Please note that this section was not written by our authors but is taken verbatim from the 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.

Estimated Dumping Margins

The Petitioners allege dumping margins in the range of 119.52 to 145.43% based on average unit values, or 78.36 to 99.4% based on actual U.S. transaction prices.

The Petitioners also allege significant subsidies, although the petitions do not quantify the alleged net subsidy margin.

Estimated Schedule of Investigations

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):