74908 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

18We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

19See APO and Service Final Rule. 

20See 19 CFR 351.310(d). 

1See 2,4-Dichlorophenoxyacetic Acid from the 

People’s Republic of China and India: Initiation of 

Countervailing Duty Investigations, 89 FR 34205 

(April 30, 2024) (Initiation Notice). 

2See 2,4-Dichlorophenoxyacetic Acid from the 

People’s Republic of China and India: 

Postponement of Preliminary Determinations in the 

Countervailing Duty Investigations, 89 FR 48891 

(June 10, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

beginning of their briefs a public 

executive summary for each issue raised 

in their briefs.18 Further, we request that 

interested parties limit their public 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the public 

executive summaries as the basis of the 

comment summaries included in the 

issues and decision memorandum that 

will accompany the final determination 

in this investigation. We request that 

interested parties include footnotes for 

relevant citations in the public 

executive summary of each issue. Note 

that Commerce has amended certain of 

its requirements pertaining to the 

service of documents in 19 CFR 

351.303(f).19

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce via ACCESS within 30 days 

after the date of publication of this 

notice. Requests should contain the 

party’s name, address, and telephone 

number, the number of participants and 

whether any participant is a foreign 

national, and a list of the issues to be 

discussed. Oral presentations at the 

hearing will be limited to issues raised 

in the briefs. If a request for a hearing 

is made, parties will be notified of the 

time and date for the hearing.20 Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of 2,4-D 

from China are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

703(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: September 9, 2024. 

Abdelali Elouaradia, 

Deputy 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 C8H6 Cl2O3. 

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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Analysis of China’s Financial System 

V. Diversification of China’s Economy 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Subsidies Valuation 

VIII. Benchmarks and Interest Rates 

IX. Analysis of Programs 

X. Recommendation 

[FR Doc. 2024–20862 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–923] 

2,4-Dichlorophenoxyacetic Acid From 

India: Preliminary Affirmative 

Countervailing Duty Determination and 

Alignment of Final Determination With 

Final Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of 2,4- 

Dichlorophenoxyacetic Acid (2,4-D) 

from India. The period of investigation 

is January 1, 2023, through December 

31, 2023. Interested parties are invited 

to comment on this preliminary 

determination. 

DATES: Applicable September 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Harrison Tanchuck or George 

McMahon, AD/CVD Operations, Office 

VI, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7421 or 

(202) 482–1167, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this countervailing 

duty (CVD) investigation on April 30, 

2024.1 On June 10, 2024, Commerce 

postponed the preliminary 

determination of this investigation until 

September 3, 2024.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.3 The deadline for the preliminary 

determination is now September 9, 

2024. 

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74909 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of 2,4- 

Dichlorophenoxyacetic Acid from India,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

6See Initiation Notice, 89 FR at 34206. 

7See Commerce’s Letter, ‘‘Scope Supplemental 

Questions,’’ dated June 4, 2024. 

8See Petitioner’s Letter, ‘‘Response to Scope 

Supplemental Questions,’’ dated June 11, 2024. 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See sections 776(a) and (b) of the Act. 

11See Petitioner’s Letter, ‘‘Petitioner’s Request for 

Alignment of Final Determinations with Deadline 

in Concurrent CVD Investigations,’’ dated July 24, 

2024. 

12See 2,4-Dichlorophenoxyacetic Acid from India 

and the People’s Republic of China: Postponement 

of Preliminary Determinations in the Less-ThanFair-Value Investigations, 89 FR 67420 (August 20, 

2024). 

13With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale 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 publicly 

ranged sales data of the mandatory respondents. For 

a complete analysis of the data, see Memorandum 

‘‘Preliminary Determination Calculation of Subsidy 

Rate for Non-Selected Companies Under Review,’’ 

dated concurrently with this notice. 

14As discussed in the Preliminary Decision 

Memorandum, Commerce preliminarily finds the 

following companies to be cross owned with 

Meghmani Organics Limited: Epigral Limited; and 

Matangi Industries LLP. 

Decision Memorandum.4 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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 https:// 

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

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 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).6 Commerce issued 

a supplemental questionnaire on June 4, 

2024, requesting clarification regarding 

two of the Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings under which the subject 

merchandise may also be classified.7 On 

June 11, 2024, Corteva Agriscience LLC 

(the petitioner) confirmed that the 

HTSUS subheadings petitioner intended 

to include were as follows: 

3808.93.0500 and 3808.93.1500.8 As a 

result, Commerce is preliminarily 

modifying the scope language. The 

scope as described in Appendix I 

incorporates the modified language. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.9 For a 

full description of the methodology 

underlying our preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that the 

Government of India did not act to the 

best of its ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.10 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Alignment 

In accordance with section 705(a)(1) 

of the Act and 19 CFR 351.210(b)(4), 

Commerce is aligning the final CVD 

determination in this investigation with 

the final determination in the 

companion less-than-fair-value (LTFV) 

investigation of 2,4-D from India based 

on a request made by the petitioner.11

Consequently, the final CVD 

determination will be issued on the 

same date as the final LTFV 

determination, which is currently 

scheduled to be issued no later than 

January 21, 2025, unless postponed.12

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated individual estimated 

countervailable subsidy rates for Atul 

Limited and Meghmani Organics 

Limited that are not zero, de minimis, or 

based entirely on facts otherwise 

available. Commerce calculated the allothers rate using a weighted average of 

the individual estimated subsidy rates 

calculated for the examined respondents 

using each company’s publicly ranged 

values for the merchandise under 

consideration.13

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Atul Limited ........................... 5.29 

Meghmani Organics Limited 14 ................................. 3.28 

All Others .............................. 4.13 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 


khammond on DSKJM1Z7X2PROD with NOTICES
74910 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

15See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 16See 19 351.309(c)(2) and (d)(2). 17We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

18See APO and Service Final Rule. 

19See 19 CFR 351.310(d). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. A timeline for the 

submission of case briefs and written 

comments will be notified to interested 

parties at a later date. Rebuttal briefs, 

limited to issues raised in the case 

briefs, may be filed not later than five 

days after the date for filing case 

briefs.15 Interested parties who submit 

case briefs or rebuttal briefs in this 

proceeding must submit: (1) a table of 

contents listing each issue; and (2) a 

table of authorities.16

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public 

executive summary for each issue raised 

in their briefs.17 Further, we request that 

interested parties limit their public 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the public 

executive summaries as the basis of the 

comment summaries included in the 

issues and decision memorandum that 

will accompany the final determination 

in this investigation. We request that 

interested parties include footnotes for 

relevant citations in the executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).18

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce via ACCESS within 30 days 

after the date of publication of this 

notice. Requests should contain the 

party’s name, address, and telephone 

number, the number of participants and 

whether any participant is a foreign 

national, and a list of the issues to be 

discussed. Oral presentations at the 

hearing will be limited to issues raised 

in the briefs. If a request for a hearing 

is made, parties will be notified of the 

time and date for the hearing.19 Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of 2, 4– 

D from India are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i)(1) of the Act and 19 CFR 

351.205(c). 

Dated: September 9, 2024. 

Abdelali Elouaradia, 

Deputy 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 C8H6 Cl2O3. 

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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Diversification of India’s Economy 

V. Use of Facts Otherwise Available and 

Adverse Inferences 

VI. Subsidies Valuation 

VII. Benchmarks and Interest Rates 

VIII. Analysis of Programs 

IX. Recommendation 

[FR Doc. 2024–20861 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–820] 

Silicon Metal From Malaysia: 

Preliminary Results of Antidumping 

Duty Administrative Review, 2022– 

2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


khammond on DSKJM1Z7X2PROD with NOTICES