[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8433-8436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03484]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-864, A-570-184, A-533-934, A-552-847]
Hard Empty Capsules From Brazil, the People's Republic of China,
India, and the Socialist Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on hard
empty capsules (capsules) from Brazil, the People's Republic of China
(China), India, and the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable February 23, 2026.
FOR FURTHER INFORMATION CONTACT: Gemma Larsen at (202) 482-8125
(Brazil); Rebecca Janz or Jerry Xiao at (202) 482-2972 and (202) 482-
2273, respectively (China); Luke Caruso or Joseph Molokwu at (202) 482-
2081 and (202) 482-8043, respectively (India); and Jinny Ahn or
Harrison Tanchuck at (202) 482-0339 and (202) 482-7421, respectively
(Vietnam), AD/CVD Operations, Offices I, II, IV, and VI, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2025, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
capsules from Brazil, China, India, and Vietnam, in accordance with
sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the
Act).\1\ On February 12, 2026, the ITC notified Commerce of its final
affirmative determinations that an industry in the United States is
materially injured by reason of dumped imports of capsules from China,
India, and Vietnam, within the meaning of section 735(b)(1)(A)(i) of
the Act, and threatened with material injury by reason of dumped
imports of capsules from Brazil, within the meaning of
735(b)(1)(A)(ii)of the Act.\2\
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\1\ See Hard Empty Capsules from Brazil: Final Affirmative
Determination of Sales at Less Than Fair Value, 90 FR 60610
(December 29, 2025) (Brazil Final Determination); see also Hard
Empty Capsules from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value, 90 FR
60623 (December 29,2025) (China Final Determination); Hard Empty
Capsules from India: Final Affirmative Determination of Sales at
Less Than Fair Value, 90 FR 60613 (December 29, 2025) (India Final
Determination); and Hard Empty Capsules from the Socialist Republic
of Vietnam: Final Affirmative Determination of Sales at Less Than
Fair Value, 90 FR 60626 (December 29, 2025) (Vietnam Final
Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated February 12, 2026 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are capsules from Brazil,
China, India, and Vietnam. For a complete description of the scope of
these orders, see the appendix to this notice
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of LTFV imports of capsules from China, India, and Vietnam, and
that an industry in the United States is threatened by reason of such
imports from Brazil, and in accordance with sections 735(c)(2) and 736
of the Act, Commerce is issuing these antidumping duty orders. Because
the ITC determined that an industry in the United States is materially
injured by reason of capsules from China, India, and Vietnam, and that
an industry in the United States is threatened with material injury by
reason of imports of capsules from Brazil, unliquidated entries of such
merchandise from these countries entered or withdrawn from warehouse
for consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duty deposits
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, on all relevant entries of capsules from Brazil, China,
India and Vietnam. Antidumping duties will be assessed on unliquidated
entries of capsules from China, India, and Vietnam entered, or
withdrawn from warehouse, for consumption on or after May 29, 2025, the
date of publication of the Preliminary Determinations,\3\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\3\ See Hard Empty Capsules 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, 90 FR 22704 (May 29, 2025); Hard Empty
Capsules from India: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination and
Extension of Provisional Measures, 90 FR 22699 (May 29, 2025) (India
Preliminary Determination); and Hard Empty Capsules from the
Socialist Republic of Vietnam: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures, 90 FR 22708
(May 29, 2025) (collectively, Preliminary Determinations).
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Pursuant to section 736(b)(2) of the Act, antidumping duties shall
be assessed on subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination if that determination is based on
the threat of material injury and is not accompanied by a finding that
injury would have resulted without the suspension of liquidation of
entries
[[Page 8434]]
since Commerce's preliminary determination. In addition, section
736(b)(2) of the Act requires CBP to refund any cash deposits of
estimated antidumping duties posted before the date of publication of
the ITC's final affirmative determination, if the ITC's final
determination is based on threat other than the threat described in
section 736(b)(1) of the Act.
Because the ITC's final determination with respect to Brazil is
based on the threat of material injury and is not accompanied by a
finding that injury would have resulted but for the imposition of
suspension of liquidation of entries since publication of the Brazil
Preliminary Determination, section 736(b)(2) of the Act is
applicable.\4\ Therefore, Commerce will instruct CBP to assess, upon
further instruction by Commerce, antidumping duties on entries of
capsules from Brazil entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determinations of threat of material injury in the Federal
Register, in accordance with the dumping margins listed in the rate
chart below for Brazil.
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\4\ See Hard Empty Capsules from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 90 FR
22688 (May 29, 2025) (Brazil Preliminary Determination).
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Suspension of Liquidation and Cash Deposits
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of capsules
from Brazil, China, India, and Vietnam, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 736(a)(1) of the Act, antidumping duties on each
entry of subject merchandise equal to the amount by which normal value
of the merchandise exceeds the export price or constructed export price
of the merchandise. These instructions will remain in effect until
further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below. The
relevant all-others rate (for Brazil and India), the rate for the
China-wide entity (for China), or the rate for the Vietnam-wide entity
(for Vietnam), as applicable, apply to all producers and exporters not
specifically listed.
With respect to China, Commerce determined a weighted-average
dumping margin of zero percent for subject merchandise produced and
exported by Shanxi JC Biological Technology Co., Ltd As such, we are
excluding this producer/exporter combination from the antidumping duty
order on capsules from China. On the basis of the negative China Final
Determination \5\ for this producer/exporter combination, we instructed
CBP to discontinue the suspension of liquidations and to refund all
cash deposits collected for this producer/exporter combination. Such
exclusion will not be applicable to merchandise exported to the United
States by any other producer/exporter combinations or by third-country
exporters that sourced from the excluded producer/exporter
combination(s). The China-wide entity rate applies to all exporter/
producer combinations not specifically listed below.
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\5\ See China Final Determination, 90 FR at 60624-25.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\6\ Entries of subject merchandise that were produced and
exported by Shanxi JC Biological Technology Co., Ltd are excluded
from the AD order on capsules from China.
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Brazil
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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ACG do Brasil S.A........................................... 77.63
All Others.................................................. 77.63
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China
------------------------------------------------------------------------
Weighted-average
Producer Exporter dumping margin
(percent)
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Shandong Healsee Capsule Ltd.... Shandong Healsee 18.71
Capsule Ltd.
Shanxi JC Biological Technology Shanxi JC \6\ 0.00
Co., Ltd. Biological
Technology Co.,
Ltd.
Guizhou Guang De Li Guizhou Guang De Li 18.71
Pharmaceuticals Co., Ltd. Pharmaceuticals
Co., Ltd.
Hebei Kangxin Plant Capsule Co., Hebei Kangxin Plant 18.71
Ltd. Capsule Co., Ltd.
Hubei Kornnac Pharmaceutical Hubei Kornnac 18.71
Co., Ltd. Pharmaceutical
Co., Ltd.
Jiangsu Lefan Capsule Co., Ltd.. Jiangsu Lefan 18.71
Capsule Co., Ltd.
Jiujiang Angtai Capsule Co., Ltd Jiujiang Angtai 18.71
Capsule Co., Ltd.
Qingdao Yiqing Biotechnology Qingdao Yiqing 18.71
Co., Ltd. Biotechnology Co.,
Ltd.
Shaanxi Genex Bio-Tech Co., Ltd. Shaanxi Genex Bio- 18.71
Tech Co., Ltd.
Shanghai Guang De Li Capsule Shanghai Guang De 18.71
Co., Ltd. Li Capsule Co.,
Ltd.
Shanxi Guangsheng Medicinal Shanxi Guangsheng 18.71
Capsule Co., Ltd; Shanxi Medicinal Capsule
Guangsheng Capsule Co., Ltd. Co., Ltd; Shanxi
Guangsheng Capsule
Co., Ltd.
Shaoxing Kangke Capsule Co., Ltd Shaoxing Kangke 18.71
Capsule Co., Ltd.
Shaoxing Renhe Capsule Co., Ltd. Shaoxing Renhe 18.71
Capsule Co., Ltd.
Xinchang County Hexin Capsule Xinchang County 18.71
Co., Ltd. Hexin Capsule Co.,
Ltd.
Xinchang County No.6 Capsule Xinchang Paulo 18.71
Factory. Import And Export
Co., Ltd.
Shaoxing Kangke Capsule Co., Ltd Xinchang Paulo 18.71
Import And Export
Co., Ltd.
Zhejiang Huaguang Capsule Co., Xinchang Paulo 18.71
Ltd. Import And Export
Co., Ltd.
Shanxi Guangsheng Capsule Co., Xinchang Paulo 18.71
Ltd. Import And Export
Co., Ltd.
Zhejiang Pujiang Enerkang Xinchang Paulo 18.71
Capsule Co., Ltd. Import And Export
Co., Ltd.
Yantai Oriental Pharmacap Co., Yantai Oriental 18.71
Ltd. Pharmacap Co., Ltd.
Ningbo Capsulcn Capsule Co., Ltd Zhejiang Capsulcn 18.71
Machinery Co., Ltd.
Shaoxing Zhongya Capsules Zhejiang Capsulcn 18.71
Industry Co., Ltd. Machinery Co., Ltd.
Shandong Healsee Capsule Ltd.... Zhejiang Capsulcn 18.71
Machinery Co., Ltd.
Zhejiang Guangjuyuan Zhejiang Capsulcn 18.71
Biotechnology Co., Ltd. Machinery Co., Ltd.
[[Page 8435]]
Zhejiang Huaguang Capsule Co., Zhejiang Capsulcn 18.71
Ltd. Machinery Co., Ltd.
Zhejiang Huaguang Capsule Co., Zhejiang Huaguang 18.71
Ltd. Capsule Co., Ltd.
Zhejiang Huili Capsules Co., Ltd Zhejiang Huili 18.71
Capsules Co., Ltd.
Zhejiang Lujian Capsule Co., Ltd Zhejiang Lujian 18.71
Capsule Co., Ltd.
China-Wide Entity............... ................... 18.71
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India
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Cash deposit rate
Weighted-average (adjusted for
Producer/exporter dumping margin export subsidy
(percent) offset(s))
(percent)
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ACG Associated Capsules Private 26.69 19.71
Limited; ACG Universal Capsules
Private Limited; and Custom
Capsules Private Limited \7\.....
HealthCaps India Limited.......... 10.66 3.68
All Others........................ 18.68 11.70
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Vietnam
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Cash deposit rate
Weighted-average (adjusted for
Producer Exporter dumping margin export subsidy
(percent) offset)
(percent))
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Suheung Vietnam Co., Ltd................... Suheung Vietnam Co., Ltd..... 47.12 46.24
Vietnam-Wide Entity........................ 47.12........................ 46.24
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Provisional Measures
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\7\ In the India Preliminary Determination, 90 FR 22700, and
unchanged in the India Final Determination, 90 FR 60615, Commerce
determined that these companies are a single entity.
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Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of capsules from Brazil, China, India and Vietnam, Commerce extended
the four-month period to six months.\8\
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\8\ See Preliminary Determinations.
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In the underlying investigations, Commerce published the
Preliminary Determinations on May 29, 2025. As such, the six-month
period beginning on the date of the publication of the Preliminary
Determinations ended on November 24, 2025. Therefore, entries of
capsules from Brazil, China, India, and Vietnam made on or after
November 24, 2025, and prior to the date of publication of the ITC's
final determinations in the Federal Register, are not subject to the
assessment of antidumping duties.
Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of capsules from Brazil, China, India and Vietnam entered, or withdrawn
from warehouse, for consumption on or after November 25, 2025, the day
on which the provisional antidumping duty measures expired. Suspension
of liquidation and the collection of cash deposits will resume on the
date of publication of the ITC's final determinations in the Federal
Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 21, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL--Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field that will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL--January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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[[Page 8436]]
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\12\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\12\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for the Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioner and foreign governments should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioner and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
capsules from Brazil, China, India, and Vietnam, pursuant to section
736(a) of the Act. Interested parties can find a list of antidumping
duty and countervailing duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
Dated: February 17, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by the scope of these orders is hard
empty capsules, which are comprised of two prefabricated, hollowed
cylindrical sections (cap and body). The cap and body pieces each
have one closed and rounded end and one open end, and are
constructed with different or equal diameters at their open ends.
Hard empty capsules are unfilled cylindrical shells composed of
at least 80 percent by weight of a water soluble polymer that is
considered non-toxic and appropriate for human or animal consumption
by the United States Pharmacopeia--National Formulary (USP-NF), Food
Chemical Codex (FCC), or equivalent standards. The most common
polymer materials in hard empty capsules are gelatin derived from
animal collagen (including, but not limited to, pig, cow, or fish
collagen), hydroxypropyl methylcellulose (HPMC), and pullulan.
Hard empty capsules may also contain water and additives, such
as opacifiers, colorants, processing aids, controlled release
agents, plasticizers, and preservatives. Hard empty capsules may
also be imprinted or otherwise decorated with markings.
Hard empty capsules are covered by the scope of these orders
regardless of polymer material, additives, transparency, opacity,
color, imprinting, or other markings.
Hard empty capsules are also covered by the scope of these
orders regardless of their size, weight, length, diameter,
thickness, and filling capacity.
Cap and body pieces of hard empty capsules are covered by the
scope of these orders regardless of whether they are imported
together or separately, and regardless of whether they are imported
in attached or detached form.
Hard empty capsules covered by the scope of these orders are
those that disintegrate in water, simulated intestinal fluid,
simulated gastric fluid, or other similar water-based (i.e.,
aqueous) fluids within 2 hours under tests specified in Chapter 701
of the USP-NF, or equivalent disintegration tests.
Hard empty capsules are classifiable under subheadings
9602.00.1040 and 9602.00.5010 of the Harmonized Tariff Schedule of
the United States (HTSUS). In addition, hard empty capsules may be
imported under HTSUS subheading 1905.90.9090; gelatin hard empty
capsules may be imported under HTSUS subheading 3503.00.5510; HPMC
hard empty capsules may be imported under HTSUS subheading
3923.90.0080; and pullulan hard empty capsules may be imported under
HTSUS subheading 2106.90.9998. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise covered by these orders is
dispositive.
[FR Doc. 2026-03484 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-DS-P