Cargo Systems Messaging Service
CSMS # 60443977 - Initiation of AD/CVD Investigations: 2,4-Dichlorophenoxyacetic Acid from the People’s Republic of China (China) and India
On April 23, 2024, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty (CVD) investigations on “2,4-Dichlorophenoxyacetic Acid from China and India” (Initiation Notices). These investigations have been assigned the following case numbers: A-570-160 and C-570-161 (China) A-533-922 and C-533-923 (India).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by these investigations 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 subheadings 2922.12.0001, 2921.11.0000, 2921.19.6195, 2922.19.9690, 3808.93.0050, and 3808.93.1400. The HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes. The written description of the scope of the investigations is dispositive. Parties may submit comments on the scope of the investigations. Please be sure to comply with all requirements pertaining submitting comments as described in the forthcoming Initiation Notices. Upon their publication in the Federal Register, the Initiation Notices may be found at www.federalregister.gov via the search bar using the case numbers assigned to these investigations.
Importers should be aware that entries of subject merchandise made after the initiation of an investigation may retroactively be subject to antidumping (AD) and/or countervailing duties (CVD).
For questions about CBP’s AD/CVD enforcement, see Priority Trade Issue: Antidumping and Countervailing Duties | U.S. Customs and Border Protection (cbp.gov).
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