Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 89963 

1See 2,4-Dichlorophenoxyacetic Acid from the 

People’s Republic of China and India: Initiation of 

Less-Than-Fair-Value Investigation, 89 FR 34200 

(April 30, 2024) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See 2,4-Dichlorophenoxyacetic Acid from India 

and the People’s Republic of China: Postponement 

of Preliminary Determinations of Antidumping Duty 

Investigations, 89 FR 67420 (August 20, 2024). 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of 2,4- 

Dichlorophenoxyacetic Acid from the People’s 

Republic of China,’’ dated concurrently with this 

notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

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

6See Initiation Notice, 89 FR at 34201. 

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 Initiation Notice, 89 FR at 34204. 

10See 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 

enforcement.trade.gov/policy/bull05-1.pdf. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–160] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that 2,4- 

dichlorophenoxyacetic 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. Interested parties are invited 

to comment on this preliminary 

determination. 

DATES: Applicable November 14, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Palmer or Anjali Mehindiratta, 

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 or 

(202) 482–9127, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 30, 2024.1 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.2 On August 20, 2024, Commerce 

postponed the preliminary 

determination of this investigation and 

the revised deadline is now November 

6, 2024.3

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included in the Preliminary Decision 

Memorandum is included as an 

appendix 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 found at https://

access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products 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 (scope).6 No interested party 

commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. However, on June 11, 

2024, in response to a supplemental 

questionnaire,7 the petitioner clarified 

its intent to include in the scope 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings: 

3808.93.0500 and 3808.93.1500.8 As a 

result, Commerce is preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice to 

replace HTSUS subheadings 

3808.93.0050 and 3808.93.1400 with 

HTSUS subheadings 3808.93.0500 and 

3808.93.1500. See the scope in 

Appendix I to this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export prices in accordance 

with section 772(a) of the Act. Because 

China is a non-market economy, within 

the meaning of section 771(18) of the 

Act, Commerce has calculated normal 

value in accordance with section 773(c) 

of the Act. Furthermore, pursuant to 

sections 776(a) and (b) of the Act, 

Commerce preliminarily relied upon 

facts otherwise available, with adverse 

inferences, for the China-wide entity, 

which includes Shandong Weifang 

Rainbow Chemical Co., Ltd. (Weifang 

Rainbow), and the following companies: 

(1) CAC Nantong Chemical Co., Ltd.; (2) 

Changzhou Wintafone Chemical; (3) 

Gansu Xinlengmao Science and Tech 

Co.; (4) Gansu Yufengyuan Science and 

Tec Co., Ltd.; (4) Jilin Ivsheng 

Agrochemical Co., Ltd.; (6) Jingma 

Chemicals Ltd.; (7) Nanjing 

Agrochemical Co., Ltd.; (8) Ningxia 

Hanrun Biotechnology Co., Ltd.; and (9) 

Tangshan Shengdong Chemical Co., Lt. 

For a full description of the 

methodology underlying Commerce’s 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Combination Rates 

In the Initiation Notice,9 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.10

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 


ddrumheller on DSK120RN23PROD with NOTICES1
89964 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 

11We preliminarily find that Thai Harvest and 

Jiangxi Tianyu Chemical Co., Ltd., are affiliated and 

should be treated as a single entity pursuant to 19 

CFR 351.401(f)(1) for the purposes of this 

preliminary determination. See Preliminary 

Determination Memorandum at Section V. ‘‘Single 

Entity Analysis’’ for further discussion of the 

preliminary collapsing determination. 

12We preliminarily determine that application of 

facts available with an adverse inference is 

warranted with respect to mandatory respondent 

Shandong Weifang Rainbow Chemical Co., Ltd. 

(Weifang Rainbow). Accordingly, we are not 

granting a separate rate for Weifang Rainbow and 

consider the respondent a part of the China-wide 

Entity. 

13See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

14See 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). 

15See 19 351.309(c)(2) and (d)(2). 

16We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

Producer Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Cash deposit 

rate 

(adjusted for 

subsidy 

offsets) 

(percent) 

Jiangxi Tianyu Chemical Co., Ltd .............................................................. Thai Harvest Ltd.11 .......................... 17.07 16.44 

China-Wide Entity 12 .................................................................................. .......................................................... * 127.21 * 126.58 

* Rate based on facts available with adverse inferences. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register, as discussed 

below. Further, pursuant to section 

733(d)(1)(B) of the Act and 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

weighted average amount by which 

normal value exceeds U.S. price, as 

indicated in the chart above as follows: 

(1) for the producer/exporter 

combinations listed in the table above, 

the cash deposit rate is equal to the 

estimated weighted-average dumping 

margin listed for that combination in the 

table; (2) for all combinations of China 

producers/exporters of merchandise 

under consideration that have not 

established eligibility for their own 

separate rates, the cash deposit rate will 

be equal to the estimated weightedaverage dumping margin established for 

the China-wide entity; and (3) for all 

third-county exporters of merchandise 

under consideration not listed in the 

table above, the cash deposit rate is the 

cash deposit rate applicable to the China 

producer/exporter combination (or the 

China-wide entity) that supplied that 

third-country exporter. 

To determine the cash deposit rate, 

Commerce normally adjusts the 

estimated weighted-average dumping 

margin by the amount of domestic 

subsidy pass-through and export 

subsidies determined in a companion 

countervailing duty (CVD) proceeding 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

has made a preliminary affirmative 

determination for domestic subsidy 

pass-through or export subsidies, 

Commerce has offset the calculated 

estimated weighted-average dumping 

margin by the appropriate rate(s). Any 

such adjusted rates may be found in the 

‘‘Preliminary Determination’’ section’s 

table of estimated weighted-average 

dumping margins above. 

Should provisional measures in the 

companion CVD investigation expire 

prior to the expiration of provisional 

measures in this LTFV investigation, 

Commerce will direct CBP to begin 

collecting cash deposits at a rate equal 

to the estimated weighted-average 

dumping margins calculated in this 

preliminary determination unadjusted 

for the passed-through domestic 

subsidies or for export subsidies at the 

time that the CVD provisional measures 

expire. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Commerce intends to disclose to 

parties to the proceeding the 

calculations and analysis it performed 

in this preliminary determination 

within five days of 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). 

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 

information relied upon in making its 

final determination with regard to the 

cooperative mandatory respondent. 

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 final 

verification report is issued in this 

investigation.13 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.14 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.15

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.16 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 89965 

17See APO and Service Final Rule. 

18See Thai Harvest’s Letter, ‘‘Postponement of 

Final Determination and Extension of Provisional 

Measures Period,’’ dated October 18, 2024. 

19See Petitioner’s Letter, ‘‘Petitioner’s Request to 

Postpone Final Antidumping Duty Determination,’’ 

dated October 17, 2024. 

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).17

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, 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, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the 

petitioners. Pursuant to 19 CFR 

351.210(e)(2), Commerce requires that 

requests by respondents for 

postponement of a final antidumping 

duty determination be accompanied by 

a request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

On October 18, 2024, Thai Harvest 

requested that Commerce postpone the 

final determination and that provisional 

measures be extended to a period not to 

exceed six months.18 On October 17, 

Corteva Agriscience LLC (the petitioner) 

also requested that Commerce postpone 

the final determination.19 In accordance 

with section 735(a)(2)(A) of the Act and 

19 CFR 351.210(b)(2)(ii), because: (1) the 

preliminary determination is 

affirmative; (2) the requesting exporter 

accounts for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reasons for denial 

exist, Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary determination of sales at 

LTFV. 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 subject merchandise 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Notification to Interested Parties 

This preliminary determination is 

issued and published in accordance 

with sections 733(f) and 777(i)(1) of the 

Act, and 19 CFR 351.205(c). 

Dated: November 6, 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 

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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Application of Facts Available and Use of 

Adverse Inferences 

V. Single Entity Analysis 

VI. Discussion of the Methodology 

A. Non-Market Economy Country 

B. Surrogate Country and Surrogate Value 

Comments 

C. Separate Rates 

D. Combination Rates 

E. The China-Wide Entity 

F. Date of Sale 

G. Comparisons to Fair Value 

H. Export Price 

I. Value-Added Tax 

J. Normal Value 

K. Factor Valuation Methodology 

VII. Adjustment Under Section 777(A)(F) of 

the Act 

VIII. Adjustment to Cash Deposit Rates for 

Export Subsidies in the Companion 

Countervailing Duty Investigation 

IX. Recommendation. 

[FR Doc. 2024–26458 Filed 11–13–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–839] 

Common Alloy Aluminum Sheet From 

the Republic of Tu ̈rkiye: Final Results 

of Antidumping Duty Administrative 

Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

common alloy aluminum sheet (CAAS) 

from the Republic of Tu ̈rkiye (Tu ̈rkiye) 

was sold in the United States at less 

than normal value during the period of 

review (POR) April 1, 2022, through 

March 31, 2023. Interested parties are 

invited to comment on these 

preliminary results. 

DATES: Applicable November 14, 2024. 


ddrumheller on DSK120RN23PROD with NOTICES1