Notice2025-05888
2,4-Dichlorophenoxyacetic Acid From India: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
April 7, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that 2,4-dichlorophenoxyacetic acid (2,4-D) from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 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 14969-14971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05888]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-922]
2,4-Dichlorophenoxyacetic Acid From India: 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-dichlorophenoxyacetic acid (2,4-D) from India is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation is January 1, 2023, through December 31,
2023.
DATES: Applicable April 7, 2025.
FOR FURTHER INFORMATION CONTACT: Grant Fuller, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6228.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2024, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ For a complete description of the events that occurred
since 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 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of 2,4-Dichlorophenoxyacetic Acid from India,'' 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 India. 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.\3\
Therefore, we made no changes to the scope of the investigation from
that published in the Preliminary Determination for the Final
Determination.
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\3\ See Preliminary Determination, 89 FR at 89952.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce conducted verifications of the sales and cost
information submitted by Atul Limited (Atul), its U.S. affiliate, Atul
USA Inc. (Atul USA), and Meghmani Organics Limited (MOL). We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Atul, Atul USA, and MOL.\4\
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\4\ See Memoranda, ``Verification of the Sales Response of Atul
USA Inc.,'' dated January 28, 2025; ``Verification of the Sales
Response of Meghmani Organics Limited,'' dated February 4, 2025;
``Verification of the Cost Response of Atul Limited,'' dated
February 5, 2025; ``Verification of the Cost Response of Meghmani
Organics Limited,'' dated February 21, 2025; and ``Verification of
the Sales Response of Atul Limited,'' dated February 21, 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 our review and analysis of the information received during
verification and comments received from interested parties, we made
certain changes to the estimated weighted-average dumping margins for
Atul and MOL. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers
[[Page 14970]]
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Atul and MOL that are not zero, de minimis,
or based entirely on facts otherwise available. Accordingly, Commerce
calculated the all-others rate using a simple average of the estimated
weighted-average dumping margins calculated for the examined
respondents.\5\
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\5\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly-ranged sales data were available,
Commerce based the all-others rate on the public ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see Memorandum, ``Calculation of the All-Others Rate for the Final
Determination,'' dated March 31, 2025.
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Final Determination
Commerce determines that the final estimated weighted-average
dumping margins exist for the period, January 1, 2023, through December
31, 2023:
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer 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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Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all 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 of this investigation 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 the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent listed in the
table above, but the producer is, then the cash deposit rate will be
equal to the company-specific estimated weighted-average dumping margin
listed for the producer of the subject merchandise; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin listed in the
table above. 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 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, suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\6\ therefore, we are not instructing CBP to collect cash deposits
based on the adjusted estimated weighted-average dumping margin for
those export subsidies at this time.
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\6\ See 2,4-Dichlorophenoxyacetic Acid from India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 74908
(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, January 11, 2025
(i.e., last day provisional measures were 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
[[Page 14971]]
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 sanctionable violation.
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 investigation. 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 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. Discussion of the Issues
Comment 1: Whether to Correct the Dry Acid Equivalent Conversion
Rate for Atul and MOL for a Product
Comment 2: Whether to Apply Adverse Facts Available (AFA) to
Atul and MOL for Failure to Provide the Cost of Production (COP) for
a Major Input
Comment 3: Whether to Apply AFA to Atul
Comment 4: Whether to Use Dry Acid Equivalent Conversions in the
Calculations for Atul
Comment 5: Whether to Base Normal Value (NV) on Constructed
Value (CV) for Atul
Comment 6: Whether to Use Atul's Indirect Selling Expenses
Reported on a Channel-Specific Basis
Comment 7: Whether to Use Atul's Packing Expenses Including
Overhead
Comment 8: Whether to Use a Borrowing Rate from the Bank of
India to Calculate Atul's Credit Expenses in U.S. Dollars
Comment 9: Whether Atul Correctly Reported the Costs of its
Inputs
Comment 10: Whether to Disallow a Shutdown Adjustment for Atul
Comment 11: Whether to Deny MOL's Reported Home Market
Warehousing Expenses
Comment 12: Whether to Deny MOL's Reported Home Market Discounts
Comment 13: Whether Certain of MOL's Home Market Sales Were
Indian-Origin Merchandise
V. Recommendation
[FR Doc. 2025-05888 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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