74906 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 

15See 19 CFR 351.303 (for general filing 

requirements). 

16See 19 CFR 351.212(b)(1). 

17See Final Circumvention Determination. 

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. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of 2,4- 

Dichlorophenoxyacetic Acid from the People’s 

Republic of China,’’ 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. 

submission of case briefs at a later 

date.15 The case briefs submitted in the 

AD and CVD reviews must be identical, 

and Commerce will consider all case 

brief arguments in the concurrent AD 

review. As noted above, Commerce 

intends to adopt the final findings in the 

concurrent AD proceeding in the final 

results of this CVD administrative 

review. 

Assessment Rates 

Upon issuance of the final results of 

this review, Commerce will determine, 

and CBP will assess, CVD duties on all 

appropriate entries covered by this 

review.16 We intend to instruct CBP to 

liquidate entries of LWRPT exported by 

Hoa Phat without regard to 

countervailing duties if these 

preliminary results are unchanged for 

the final results. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of review, as 

provided for by section 751(a)(2)(C) of 

the Act: (1) for Hoa Phat, the cash 

deposit rate will remain unchanged (i.e., 

255.07 percent),17 unless the company 

satisfies the certification requirements 

in the Final Circumvention 

Determination; and (2) for all companies 

not subject to this review, CBP will 

continue to collect cash deposits of 

estimated countervailing duties at the 

all-others rate or the most recent 

company-specific rate applicable to the 

company, as appropriate. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, by 

adopting the findings in the concurrent 

AD review, within 120 days of 

publication of these preliminary results 

of review, pursuant to section 

751(a)(3)(A) of the Act. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: September 6, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–20773 Filed 9–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–161] 

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 

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 

the People’s Republic of China (China). 

The period of investigation (POI) 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: 

Claudia Cott or Thomas Schauer, AD/ 

CVD Operations, Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4270 or (202) 482–0410, 

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 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 events 

that followed the initiation of this 

investigation, see the Preliminary 

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 China. 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 


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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 74907 

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). 

13See Memorandum, ‘‘Calculation of Subsidy 

Rate for All Others,’’ dated concurrently with this 

notice. 

14As discussed in the Preliminary Decision 

Memorandum, Commerce preliminarily finds 

Jiangxi Tianyu Chemical Co., Ltd., to be crossowned with the following companies: Thai Harvest 

Ltd., CAC Nantong Chemical Co., Ltd., and CAC 

Shanghai International Trading Co., Ltd. 

15As discussed in the Preliminary Decision 

Memorandum, Commerce preliminarily finds 

Shandong Rainbow Agrosciences Co., Ltd., 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. 

16See 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). 

17See 19 CFR 351.309(c)(2) and (d)(2). 

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 to be 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 

certain respondents and the 

Government of China did not act to the 

best of their 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 

concurrent less-than-fair-value (LTFV) 

investigation of 2,4-D from China, 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 rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 

In this investigation, Commerce 

preliminarily calculated individual 

estimated countervailable subsidy rates 

for Jiangxi Tianyu Chemical Co., Ltd. 

(Tianyu) and Shandong Rainbow 

Agrosciences Co., Ltd. (Rainbow 

Agrosciences) that are not zero, de 

minimis, or based entirely on the facts 

otherwise available. Commerce 

calculated the all-others 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) 

Jiangxi Tianyu Chemical Co., 

Ltd.14 ................................. 27.68 

Shandong Rainbow 

Agrosciences Co., Ltd.15 .. 3.10 

All Others .............................. 27.34 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

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 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

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. 

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. 

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. 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.16 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.17

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 


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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 


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