[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Notices]
[Pages 22243-22245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09452]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-922, A-570-160]
2,4-Dichlorophenoxyacetic Acid From India and the People's
Republic of China: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on
2,4-dichlorophenoxyacetic acid (2,4-D) from India and the People's
Republic of China (China).
DATES: Applicable May 27, 2025.
FOR FURTHER INFORMATION CONTACT: Grant Fuller (India), Office IX;
telephone: (202) 482-6228; and Matthew Palmer (China), Office III;
telephone: (202) 482-1678; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on April 7, 2025, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of 2,4-D from India and China.\1\ On May 16, 2025,
pursuant to section 735(d) of the Act, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured by reason of dumped imports of 2,4-D from India
and China, within the meaning of section 735(b)(1)(A)(i) of the Act.\2\
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\1\ See 2,4-Dichlorophenoxyacetic Acid from India: Final
Affirmative Determination of Sales at Less Than Fair Value, 90 FR
14969 (April 7, 2025); and 2,4-Dichlorophenoxyacetic Acid from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value, 90 FR 14964 (April 7, 2025).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated May 16, 2025 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is 2,4-D from India and China.
For a complete description of the scope of the orders, see the appendix
to this notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of imports of 2,4-D from India and China sold at LTFV, and, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these AD orders. Because the ITC determined that imports of
2,4-D from India and China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India and China, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise on all
relevant entries of 2,4-D from India and
[[Page 22244]]
China. Antidumping duties will be assessed on unliquidated entries of
2,4-D entered, or withdrawn from warehouse, for consumption on or after
November 14, 2024, the date of publication of the LTFV Preliminary
Determinations,\3\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\3\ See 2,4-Dichlorophenoxyacetic Acid from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 89949 (November 14, 2024); and 2,4-
Dichlorophenoxyacetic Acid from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 89963 (November 14, 2024) (collectively,
LTFV Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of 2,4-D from India and China, in
accordance with section 736 of the Act. These instructions suspending
liquidations will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant export subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below. The all-
others rate applies to all producers or exporters not specifically
listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
India
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Cash deposit rate
Weighted-average (adjusted for
Producer/exporter dumping margin subsidy offsets)
(percent) (percent)
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Atul Limited.................. 25.85 20.62
Meghmani Organics Limited..... 6.10 3.18
All Others.................... 15.98 11.90
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China
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Weighted-average Cash deposit rate
Producer/exporter dumping margin (adjusted for subsidy
(percent) offsets) (percent)
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China-Wide Entity........... * 127.21 126.58
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* Rate based on facts available with adverse inferences.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of 2,4-D from India and China, Commerce extended the four-
month period to no more than six months.\4\
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\4\ See LTFV Preliminary Determinations.
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Commerce published the LTFV Preliminary Determinations on November
14, 2024; therefore, the six-month provisional measures period
beginning on the date of the publication of the LTFV Preliminary
Determinations ended on May 12, 2025. Therefore, in accordance with
section 736(a)(1) of the Act and our practice,\5\ Commerce will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of 2,4-D from India and China entered, or withdrawn from warehouse, for
consumption on or after May 13, 2025, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
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\5\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\6\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\7\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\9\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\9\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for the Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioner and the Governments of India and China should
submit their initial entries of appearance after publication of this
notice in order to appear in the first annual inquiry service lists for
these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the
Governments of India and China will not need to resubmit their entries
of appearance each year to continue to be included on the annual
inquiry service list. However, the petitioner and the Governments of
India and China are responsible for making amendments to their entries
of appearance during the annual update to the annual inquiry service
list in accordance with the procedures described above.
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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to 2,4-D from
India and China, pursuant to section 736(a) of the Act. Interested
parties can find a list of AD and CVD orders currently in effect at
https://www.trade.gov/datavisualization/adcvd-proceedings.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: May 20, 2025.
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 merchandise covered by these orders is 2,4-
dichlorophenoxyacetic acid (2,4-D) and its derivative products,
including salt and ester forms of 2,4-D. 2,4-D has the Chemical
Abstracts Service (CAS) registry number of 94-75-7 and the chemical
formula C8H6Cl2O3.
Salt and ester forms of 2,4-D include 2,4-D sodium salt (CAS
2702-72-9), 2,4-D diethanolamine salt (CAS 5742-19-8), 2,4-D
dimethyl amine salt (CAS 2008-39-1), 2,4-D isopropylamine salt (CAS
5742-17-6), 2,4-D tri-isopropanolamine salt (CAS 3234180-3), 2,4-D
choline salt (CAS 1048373-72-3), 2,4-D butoxyethyl ester (CAS 1929-
733), 2,4-D 2-ethylhexylester (CAS 1928-43-4), and 2,4-D
isopropylester (CAS 94-11-1). All 2,4-D, as well as the salt and
ester forms of 2,4-D, is covered by the scope irrespective of
purity, particle size, or physical form.
The conversion of a 2,4-D salt or ester from 2,4-D acid, or the
formulation of nonsubject merchandise with the subject 2,4-D, its
salts, and its esters in the country of manufacture or in a third
country does not remove the subject 2,4-D, its salts, or its esters
from the scope. For any such formulations, only the 2,4-D, 2,4-D
salt, and 2,4-D ester components of the mixture is covered by the
scope of the order. Formulations of 2,4-D are products that are
registered for end-use applications with the Environmental
Protection Agency and contain a dispersion agent.
The country of origin of any 2,4-D derivative salt or ester is
determined by the country in which the underlying 2,4-D acid is
produced. 2,4-D, its salts, and its esters are classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
2918.99.2010. Subject merchandise, including the abovementioned
formulations, may also be classified under HTSUS subheadings
2922.12.0001, 2921.11.0000, 2921.19.6195, 2922.19.9690,
3808.93.0500, and 3808.93.1500. The HTSUS subheadings and CAS
registry numbers are provided for convenience and customs purposes.
The written description of the scope of the orders is dispositive.
[FR Doc. 2025-09452 Filed 5-23-25; 8:45 am]
BILLING CODE 3510-DS-P