Notice2025-09453
2,4-Dichlorophenoxyacetic Acid From the People's Republic of China and India: Countervailing Duty Orders
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
May 27, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing countervailing duty (CVD) orders on 2,4-dichlorophenoxyacetic Acid (2,4-D) from the People's Republic of China (China) and India.
Full Text
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<title>Federal Register, Volume 90 Issue 100 (Tuesday, May 27, 2025)</title>
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[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Notices]
[Pages 22232-22234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09453]
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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: Countervailing 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 countervailing duty (CVD) orders
on 2,4-dichlorophenoxyacetic Acid (2,4-D) from the People's Republic of
China (China) and India.
DATES: Applicable May 27, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer (China) (Office I) or
Harrison Tanchuck (India) (Office VI), AD/CVD Operations, Enforcement
and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410 and (202) 482-7421,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2025, Commerce published its affirmative final
determinations in the countervailing duty investigations of 2,4-D from
China and India.\1\ On May 16, 2025, the ITC notified Commerce of its
final determinations, pursuant to section 705(d) of the Tariff Act of
1930, as amended (the Act), that an industry in the United States is
materially injured within the meaning of section
[[Page 22233]]
705(b)(1)(A)(i) of the Act by reason of imports of 2,4-D from China and
India.\2\
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\1\ See 2,4-Dichlorophenoxyacetic Acid from India: Final
Affirmative Countervailing Duty Determination, 90 FR 14961 (April 7,
2025); and 2,4-Dichlorophenoxyacetic Acid from the People's Republic
of China: Final Affirmative Countervailing Duty Determination, 90 FR
14957 (April 7, 2025) (collectively, Final Determinations).
\2\ See ITC's Letter, ``Investigation Nos. 701-TA-710-711 and
731-TA-1673-1674 (Final),'' dated May 16, 2025 (ITC Notification
Letter).
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Countervailing Duty Orders
Based on the final affirmative determinations by the ITC that an
industry in the United States is materially injured by reason of
subsidized imports of 2,4-D from China and India,\3\ in accordance with
section 705(c)(2) of the Act, Commerce is issuing these CVD orders.
Because the ITC determined that imports of 2,4-D from China and India
are materially injuring a U.S. industry, unliquidated entries of such
merchandise entered, or withdrawn from warehouse, for consumption, are
subject to the assessment of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instructions by Commerce,
countervailing duties on unliquidated entries of 2,4-D from China and
India entered, or withdrawn from warehouse, for consumption on or after
September 13, 2024, the date of publication of the Preliminary
Determinations,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described below.
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\4\ See 2,4-Dichlorophenoxyacetic Acid from India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 74906
(September 13, 2024), and accompanying Preliminary Decision
Memorandum (PDM); and 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),
and accompanying PDM (collectively, Preliminary Determinations).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of 2,4-D from
China and India, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. These instructions suspending liquidation will remain in effect
until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\5\ The all-others rates apply to all producers or exporters not
specifically listed below, as appropriate.
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\5\ See section 706(a)(3) of the Act.
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Scope of the Orders
The product covered by these orders is 2,4-D from China and India.
For a complete description of the scope of these orders, see the
appendix to this notice.
Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows:
China
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\6\ Commerce continues to find Tianyu to be cross-owned with the
following companies: Thai Harvest Ltd., CAC Nantong Chemical Co.,
Ltd., and CAC Shanghai International Trading Co., Ltd.
\7\ Commerce continues to find Rainbow Agrosciences to be cross-
owned with the following companies: Shandong Weifang Rainbow
Chemical Co., Ltd., Ningxia Rainbow Chemical Co., Ltd., Shandong
Rainbow Investment Co., Ltd., and Shandong Runnong Investment Co.,
Ltd.
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Subsidy rate (percent
Company ad valorem)
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Jiangxi Tianyu Chemical Co., Ltd.\6\........... 26.50
Shandong Rainbow Agrosciences Co., Ltd.\7\..... * 169.63
All Others..................................... 26.50
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* Rate based on facts available with adverse inferences.
India
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\8\ As discussed in the PDM, Commerce has found the following
companies to be cross-owned with Meghmani Organics Limited: Epigral
Limited; and Matangi Industries LLP.
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Subsidy rate (percent
Company ad valorem)
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Atul Limited................................... 5.29
Meghmani Organics Limited \8\.................. 6.32
All Others..................................... 5.88
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigations,
Commerce published the Preliminary Determinations on September 13,
2024.\9\ As such, the four-month period beginning on the date of the
publication of the Preliminary Determinations ended on January 10,
2025. Therefore, entries of 2,4-D from China and India made on or after
January 11, 2025, and prior to the date of publication of the ITC's
final determinations in the Federal Register, are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\9\ See Preliminary Determinations.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of 2,4-D
from China and India entered, or withdrawn from warehouse, for
consumption, on or after January 11,
[[Page 22234]]
2025, the date on which the provisional CVD measures expired, through
the day preceding the date of publication of the ITC final injury
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC final injury determinations in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ 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.\12\
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ Id.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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.'' \13\
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\13\ 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, 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.
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 <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners 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.'' \14\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entry of appearance each year to continue to be included
on the annual inquiry service list. However, the petitioners and
foreign governments 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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\14\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties
This notice constitutes the CVD orders with respect to 2, 4-D from
China and India pursuant to section 736(a) of the Act. Interested
parties can find a list of CVD orders currently in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
These CVD orders are published in accordance with section 706(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 subject to 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 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 are covered by the
scope of these orders. 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. While the HTSUS subheadings and CAS
registry numbers are provided for convenience and customs purposes,
the written description of the scope of these orders is dispositive.
[FR Doc. 2025-09453 Filed 5-23-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 27, 2025.
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