Notice2024-09270
2,4-Dichlorophenoxyacetic Acid From the People's Republic of China and India: Initiation of Countervailing Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34205-34209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09270]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-161, C-533-923]
2,4-Dichlorophenoxyacetic Acid From the People's Republic of
China and India: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2024.
FOR FURTHER INFORMATION CONTACT: Claudia Cott (the People's Republic of
China) and Frank Schmitt (India), AD/CVD Operations, Offices I and VI,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482- 4270 and (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 34206]]
The Petitions
On March 14, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of 2,4-
dichlorophenoxyacetic acid (2,4-D) from the People's Republic of China
(China) and India filed in proper form on behalf of Corteva Agriscience
LLC (the petitioner),\1\ a domestic producer of 2,4-D. The CVD
petitions were accompanied by antidumping duty (AD) petitions
concerning imports of 2,4-D from China and India.\2\ On April 3, 2024,
after considering comments regarding industry support, Commerce
extended the initiation deadline by 20 days to further examine the
issue of industry support, because it was not clear from the Petitions
whether the industry support criteria had been met.\3\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties: 2,4-dichlorophenoxyacetic
acid from the People's Republic of China and India,'' dated March
14, 2024 (the Petitions).
\2\ Id.
\3\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions: 2,4-
Dichlorophenoxyacetic Acid from the People's Republic of China and
India, 89 FR 24431, 24432 (April 8, 2024).
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Between March 18 and April 4, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\ Between
March 20 and April 9, 2024, the petitioner filed responses to these
requests for additional information.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
March 18, 2024 (General Issues Questionnaire); ``Supplemental
Questions,'' dated March 19, 2024; and ``Supplemental Questions,''
dated March 20, 2024; see also Memoranda, ``Phone Call,'' dated
March 26, 2024 (March 26 Memorandum), and ``Phone Call,'' dated
April 5, 2024, respectively; and Commerce's Letter, ``Supplemental
Questions Pertaining to Industry Support,'' dated April 4, 2024
(Industry Support Supplemental Questionnaire).
\5\ See Petitioner's Letters, ``General Issues and Injury
Questionnaire Response,'' dated March 20, 2024 (First General Issues
Supplement); ``China Countervailing Supplemental Questionnaire
Response,'' dated March 25, 2024; ``India Countervailing
Supplemental Questionnaire Response,'' dated March 26, 2024; ``Scope
Supplemental Questionnaire Response,'' dated March 27, 2024 (Second
General Issues Supplement); and ``Supplemental Questions on Industry
Support,'' dated April 9, 2024 (Industry Support Supplement); see
also Memorandum, ``Acceptance of Petitioner's Submission,'' dated
March 27, 2024.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) and the Government of India (GOI) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of 2,4-D from China and India, respectively, and that such
imports are materially injuring, or threatening material injury to, the
domestic industry producing 2,4-D in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating CVD investigations, the Petitions
are supported by information reasonably available to the petitioner.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\6\
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\6\ See ``Determination of Industry Support for the Petitions,''
infra.
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Periods of Investigation
Because the Petitions were filed on March 14, 2024, the periods of
investigation (POI) for China and India are January 1, 2023, through
December 31, 2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The product covered by these investigations is 2,4-D from China and
India. For a full description of the scope of these investigations, see
the appendix to this notice.
Comments on Scope of the Investigations
Between March 18 and April 4, 2024, Commerce requested information
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\8\ Between
March 20 and April 9, 2024, the petitioner provided clarifications and/
or revised the scope language.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See General Issues Questionnaire; see also March 26
Memorandum; and Industry Support Supplemental Questionnaire.
\9\ See First General Issues Supplement at 1-3; see also Second
General Issues Supplement at 1-2; and Industry Support Supplement at
1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\10\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on May 13,
2024, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on May 23, 2024, which is ten calendar days from
the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that the parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at: <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at: <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC and the GOI of the receipt of the Petitions and
provided each an opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOC and
[[Page 34207]]
the GOI, on March 26, and 28, 2024, respectively.\14\
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\13\ See Commerce's Letters, ``Countervailing Duty Petition on
2,4-Dichlorophenoxyacetic Acid from the People's Republic of
China,'' dated March 15, 2024; and ``Invitation for Consultation to
Discuss the Countervailing Duty Petition on 2,4-
Dichlorophenoxyacetic Acid from India,'' dated March 15, 2024.
\14\ See Memorandum, ``Consultations with the People's Republic
of China,'' dated March 26, 2024; and Memorandum, ``Consultations
with Officials from the Government of India,'' dated March 28, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that 2,4-D, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\18\
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\17\ See Petitions at Volume I (pages 11-16 and Exhibits I-5, I-
6 and I-9); see also First General Issues Supplement at 3-6.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklist: 2,4-D from the People's Republic of China and India,''
dated concurrently with, and hereby adopted by, this notice
(Country-Specific CVD Checklists), at Attachment II, ``Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering 2,4-Dichlorophenoxyacetic Acid from the People's
Republic of China and India'' (Attachment II). These checklists are
on file electronically via ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions, and supplements thereto, with reference to
the domestic like product as defined in the ``Scope of the
Investigations,'' in the appendix to this notice.
To establish industry support, the petitioner provided its own
production of the domestic like product in 2023 and compared this to
the estimated total production of the domestic like product for the
entire domestic industry.\19\ We relied on data provided by the
petitioner for purposes of measuring industry support.\20\
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\19\ See Industry Support Supplement at 1-6 and Exhibits S-I-21,
S-I-23, S-I-24, and S-I-29.
\20\ Id. For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
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On March 29, 2024, we received comments on industry support from
Nufarm Americas Inc. (Nufarm), a U.S. importer and converter of 2,4-
D.\21\ On April 2, 2024, the petitioner responded to the letter from
Nufarm.\22\ On April 11, 2024, we received comments on industry support
from Drexel Chemical Company (Drexel), a U.S. importer and converter of
2,4-D.\23\
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\21\ See Nufarm's Letter, ``Nufarm's Request for the Department
to Defer Initiation for Lack of Standing and Poll the Industry,''
dated March 29, 2024.
\22\ See Petitioner's Letter, ``Petitioner's Response to
Industry Comments,'' dated April 2, 2024 (Petitioner's Response).
\23\ See Drexel's Letter, ``Information Submitted by Drexel
Chemical Company to Rebut, Clarify or Correct Corteva's April 9,
2024 Response to Supplemental Questions on Industry Support,'' dated
April 11, 2024.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, the letters
from Nufarm and Drexel, the Petitioner's Response, the Industry Support
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\24\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\25\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\26\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\27\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\28\
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\24\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\25\ Id.; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
\28\ Id.
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Injury Test
Because China and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
India materially injure, or threaten material injury to, a U.S.
industry.
[[Page 34208]]
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\29\
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\29\ See Petitions at Volume I (page 17 and Exhibit I-11); see
also First General Issues Supplement at 6 and Exhibit S-I-16.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
underselling and price depression and/or suppression; declining
profitability; declines in volume of production and capacity
utilization; lost sales and revenues; and lost market share.\30\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\31\
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\30\ See Petitions at Volume I (pages 17-27 and Exhibits I-10
through I-19); see also General Issues Supplement at 6 and Exhibits
S-I-16 and S-I-17.
\31\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering 2,4-Dichlorophenoxyacetic Acid from the People's
Republic of China and India (Attachment III).
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of 2,4-D from China and India benefit from
countervailable subsidies conferred by the GOC and the GOI,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on six of the
nine programs alleged by the petitioner. For a full discussion of the
basis for our decision to initiate an investigation of each program,
see the China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 34 of the 35
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
India CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Respondent Selection
The petitioner identified 12 companies in China and four companies
in India as producers and/or exporters of 2,4-D.\32\ Commerce intends
to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations. In the event
that Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, Commerce intends to select mandatory respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports of 2,4-D
from China and India during the POI under the appropriate Harmonized
Tariff Schedule of the United States subheading(s) listed in the
``Scope of the Investigations'' in the appendix.
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\32\ See Petitions at Volume I (page 9 and Exhibit I-2); see
also First General Issues Supplement at 1 and Exhibit S-I-2.
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On April 1, 2024, Commerce released CBP data on imports of 2,4-D
from China and India under administrative protective order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on CBP data and/or respondent
selection must do so within three business days of the publication date
of the notice of initiation of these investigations.\33\ Comments must
be filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\33\ See Memorandum, ``Release of Data from U.S. Customs and
Border Protection,'' dated April 1, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and the GOI via ACCESS. Furthermore, to the extent
practicable, Commerce will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
Typically, the ITC will preliminarily determine, within 45 days
after the date on which the Petitions were filed, whether there is a
reasonable indication that subject imports are materially injuring, or
threatening material injury to, a U.S. industry.\34\ Here, due to
Commerce's extension of the initiation decision deadline to further
examine the issue of industry support for the Petitions, the ITC has
extended the time for issuance of its preliminary determination for
imports of 2,4-D from India and China. At this time, the ITC has
indicated it will make its preliminary determination on or about May
20, 2024. A negative ITC determination for either country will result
in the investigation being terminated with respect to that country.\35\
Otherwise, these CVD investigations will proceed according to statutory
and regulatory time limits.
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\34\ See section 703(a)(1) of the Act.
\35\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \36\ and, if the information is submitted to rebut,
[[Page 34209]]
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\37\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\36\ See 19 CFR 351.301(b).
\37\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\38\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\39\
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\38\ See 19 CFR 351.302.
\39\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), and Regulations
Improving and Strengthening the Enforcement of Trade Remedies
Through the Administration of the Antidumping and Countervailing
Duty Laws, 89 FR 20766 (March 25, 2024) (effective April 24, 2024).
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at:
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d), e.g., by filing
the required letters of appearance. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\42\
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\42\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: April 23, 2024.
Ryan Majerus,
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 Investigations
The merchandise covered by these investigations 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 C<INF>8</INF>H<INF>6</INF>Cl<INF>2</INF>O<INF>3</INF>.
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 32341-80-3), 2,4-D
choline salt (CAS 1048373-72-3), 2,4-D butoxyethyl ester (CAS 1929-
73-3), 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 investigations. 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, 3808.93.0050
and 3808.93.1400. The HTSUS subheadings and CAS registry numbers are
provided for convenience and customs purposes. The written
description of the scope of the investigation is dispositive.
[FR Doc. 2024-09270 Filed 4-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.