New AD/CVD Petition: 2,4-Dichlorophenoxyacetic Acid (2,4-D)
On March 14, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of 2,4-Dichlorophenoxyacetic Acid (2,4-D) from the People’s Republic of China and the Republic of India. The petitions were filed by Corteva Agriscience LLC. 2,4-D is the active ingredient used in a wide variety of herbicides.
These AD/CVD investigations will be conducted by two federal agencies. The International Trade Commission (“ITC”) will investigate whether the subject imports are a cause of injury. The U.S. Department of Commerce (“DOC”) will investigate whether the subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. Both agencies have to make affirmative findings of injury or threat of injury (ITC) or of dumping or subsidies (DOC) in order for AD/CVD duties to be imposed on the subject imports.
Scope
The petition proposed the scope definition for this case as follows:
The merchandise covered by this investigation is 2,4- dichlorophenoxyacetic acid (“2,4-D”). 2,4-D has the Chemical Abstracts Service (“CAS”) registry number of 94-75-7 and the chemical formulaC8H6Cl2O3. The 2,4- D component of any derivative products of 2,4-D, including but not limited to, amine salt and ester forms of 2,4-D are covered by the scope of the order.
Salt and ester forms of 2,4-D include, but are not limited to, 2,4-D 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 32341-80-3), 2,4-D BEE (CAS 1929-73-3), 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 2,4-D component of its salt and ester forms, is covered by the scope irrespective of purity, particle size, or physical form.
The conversion of a 2,4-D salt or ester from a subject 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 order.
2,4-D, its salts, and its esters are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2918.99.2010. Other merchandise subject to the current scope, including the abovementioned formulations that may be classified under 3808.93.0500 and 3808.93.1500. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. Thewritten description of the scope of the petition is dispositive.
Alleged AD/CVD Margins
Petitioner calculated estimated dumping margins for the subject countries:
China – 143.73-388.53%
India – 62.55%
Petitioner did not provide any specific China or India subsidy margin calculations.
Named Exporters/ Producers
Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list here
Named U.S. Importers
Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list here.
Estimated Schedule of Investigations
March 14, 2024 – Petitions filed
April 3, 2024 – DOC initiates investigation
April 4, 2024 – ITC Staff Conference
April 29, 2024 – ITC preliminary determination
August 11, 2024 – DOC CVD preliminary determination (assuming extended deadline) (6/7/24 – unextended)
October 10, 2024 – DOC AD preliminary determination (assuming extended deadline)
(8/21/24 – unextended)
February 22, 2025 – DOC final determination (extended)
April 8, 2025 – ITC final determination (extended)
April 15, 2025 – DOC AD/CVD orders issued (extended)
The post New AD/CVD Petitions: 2,4-Dichlorophoxyacetic Acid (2,4-D) from China and India (AD/CVD) appeared first on Harris Sliwoski LLP.