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]

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]

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 ( printed page 46405) 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).

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).

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·s (at 20-25 °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 C_l3 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)} phosphate, TDCPP, and TDCIPP. TDCP has the chemical formula C₉ H₁₅ C_l6 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.

91 FR 46404