Notice2025-05886
2,4-Dicholorphenoxyacetic Acid From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
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 7, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that 2,4-dicholorphenoxyacetic acid (2,4-D) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 65 (Monday, April 7, 2025)</title>
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[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Notices]
[Pages 14964-14966]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05886]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-160]
2,4-Dicholorphenoxyacetic Acid From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
2,4-dicholorphenoxyacetic acid (2,4-D) from the People's Republic of
China (China) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
July 1, 2023, through December 31, 2023.
DATES: Applicable April 7, 2025.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1678.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2024, Commerce published its Preliminary
Determination in the in the Federal Register and invited interested
parties to comment.\1\ For a complete description of the events that
followed the Preliminary Determination, see the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See 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)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of 2,4-Dicholorphenoxyacetic Acid from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is 2,4-D from China. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation from
that published in the Preliminary Determination for the Final
Determination.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce conducted verification of the sales and factors of
production
[[Page 14965]]
information submitted by Thai Harvest Ltd. (Thai Harvest).\3\ We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Thai Harvest.
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\3\ See Memorandum, ``Verification of Thai Harvest Ltd.,'' dated
January 28, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and in
consideration of Commerce's verification findings, we determine that
Thai Harvest's submitted information is incomplete and unreliable,
warranting the application of facts available pursuant to section
776(a) of the Act. Further, due to the company's failure to act to the
best of its ability, we find that Thai Harvest has significantly
impeded Commerce's review and that application of an adverse inference
(AFA) is warranted pursuant to section 776(b) of the Act. Accordingly,
as Commerce determines that Thai Harvest's responses in this proceeding
are unverifiable and the application of AFA appropriate, we conclude
that the respondent did not demonstrate eligibility to qualify for a
separate rate in this review and, thus, is considered a part of the
China-wide entity for the final determination.\4\ There were no
additional changes to Commerce's Preliminary Determination.
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\4\ For a full description of these changes, see the Issues and
Decision Memorandum.
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China-Wide Entity and Use of AFA
In this final determination, consistent with the Preliminary
Determination,\5\ Commerce continues to find that the use of facts
otherwise available, with adverse inferences, is warranted in
determining the dumping rate for the China-wide entity, pursuant to
sections 776(a) and (b) of the Act. There is no new information on the
record that would cause us to reconsider our decision in the
Preliminary Determination. Thus, we made no changes to our analysis or
to the China-wide entity's dumping margin for the final determination.
For a full description of the methodology underlying Commerce's final
determination, see the Issues and Decision Memorandum.
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\5\ See Preliminary Determination PDM at 11-13.
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Combination Rates
In the Initiation Notice,\6\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\7\ In this investigation, we
preliminarily calculated producer/exporter combination rates for the
sole entity that was found to be eligible for a separate rate (i.e.,
Thai Harvest). However, as explained above, we determine that Thai
Harvest is no longer eligible for a separate rate in this final
determination and, as a result, all entities are now found to be part
of the China-wide entity. As a result, Commerce had no need to
calculate producer/exporter combination rates for this final
determination.
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\6\ See Initiation Notice, 89 FR at 89963.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists for the period, July 1, 2023, through December
31, 2023:
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Weighted-average
Producer/exporter dumping margin Cash deposit rate (adjusted
(percent) for subsidy offsets) (percent)
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China-Wide Entity \8\...................................... * 127.21 * 126.58
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* Rate based on facts available with adverse inferences.
Disclosure
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\8\ We continue to determine that the application of facts
available with an adverse inference is warranted with respect to
mandatory respondent Shandong Weifang Rainbow Chemical Co., Ltd.
(Weifang Rainbow). In addition, we find that the application of
facts available with an adverse inference is warranted with respect
to the other mandatory respondent, Thai Harvest. Accordingly, we are
not granting a separate rate to either Weifang Rainbow or Thai
Harvest and consider the respondents to be part of the China-wide
entity.
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Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
its public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b). However, because Commerce applied AFA to the
mandatory respondents in this investigation in accordance with section
776 of the Act, and the applied AFA rate is based solely on the
Petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption, on or after November 14,
2024, the date of publication of the Preliminary Determination in the
Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon publication of this notice, we will instruct CBP to
require a cash deposit for estimated antidumping duties for such
entries as follows: (1) for all Chinese exporters of subject
merchandise, the cash deposit rate will be equal to the estimated
dumping margin established for the China-wide entity; and (2) for all
third country exporters of subject merchandise, the cash deposit rate
is also the cash deposit rate applicable to the China-wide entity.
These suspension of liquidation instructions will remain in effect
until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion
[[Page 14966]]
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce has made a final affirmative
determination for countervailable export subsidies, Commerce offsets
the estimated weighted-average dumping margin by the appropriate CVD
rate. Commerce has continued to adjust the cash deposit rate for export
subsidies in the companion CVD investigation by the appropriate export
subsidy rate as indicated in the above chart. However, the suspension
of liquidation of provisional measures in the companion CVD case has
been discontinued; \9\ therefore, we are not instructing CBP to collect
cash deposits based upon the adjusted estimated weighted-average
dumping margin for those export subsidies at this time.
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\9\ See 2,4-Dichlorophenoxyacetic Acid From the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 74906 (September 13, 2024);
see also section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD case is 120 days after the publication of
the preliminary determination, or January 11, 2025 (i.e., last day
provisional measures are in effect).
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U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine, within 45
days, whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
2,4-D. If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated, all cash
deposits posted will be refunded, and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order (APO)
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 31, 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 I
Scope of the Investigation
The merchandise covered by this investigation 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 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 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 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 investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Issue
Comment 1: Whether to Apply Total Adverse Facts Available (AFA)
to Thai Harvest Ltd. (Thai Harvest)
Comment 2: Whether Thai Harvest is Eligible for a Separate Rate
Comment 3: Whether to Grant Thai Harvest's Byproduct Offset
Comment 4: Whether to Continue to Use the Republic of
T[uuml]rkiye (T[uuml]rkiye) as the Surrogate Country
Comment 5: Whether to Revise the Surrogate Value (SV) for
Jiangxi Tianyu Chemical Co., Ltd. (Jiangxi Tianyu)'s Liquid Sodium
Hydroxide Input
Comment 6: Whether to Use the Concentration-Adjusted ChemAnalyst
Data to Value Jiangxi Tianyu's Chloroacetic Acid Input
Comment 7: Whether to Use the Average Market-Economy Unit Price
for the Phenol SV Calculation
Comment 8: Whether to Continue to Apply AFA to Shandong Weifang
Rainbow Chemical Co., Ltd. (Weifang Rainbow)
VI. Recommendation
[FR Doc. 2025-05886 Filed 4-4-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 7, 2025.
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