[Federal Register Volume 91, Number 164 (Wednesday, August 26, 2026)]
[Notices]
[Pages 55083-55085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17418]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-946]
Citric Acid and Certain Citrate Salts From India: 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 citric acid and certain citrate salts (citric acid)
from India are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
January 1, 2025, through December 31, 2025. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable August 26, 2026.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482-3683.
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 February
17, 2026.\1\ On May 26, 2026, Commerce postponed the preliminary
determination of this investigation. The revised deadline is now August
19, 2026.\2\
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\1\ See Citric Acid and Certain Citrate Salts from Canada and
India: Initiation of Less-Than-Fair-Value Investigations, 91 FR 7252
(February 17, 2026) (Initiation Notice).
\2\ See Citric Acid and Certain Citrate Salts from Canada and
India: Postponement of Preliminary Determinations in the Less-Than-
Fair-Value Investigations, 91 FR 30620 (May 26, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included 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), which 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/frnotices.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Citric Acid and Certain Citrate Salts from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are citric acid and
certain citrate salts from India. For a complete description of the
scope of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Accordingly, Commerce is preliminarily not modifying
the scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 91 FR at 7253.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available with
adverse inferences for Daffodil Pharmachem Private Limited (Daffodil),
because Daffodil withdrew from participation in this investigation, and
Commerce applied to Daffodil the highest dumping margin alleged in the
Petition.\6\ For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
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\6\ See Daffodil's Letter, ``Withdrawal from the
Investigations'' dated June 29, 2026.
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All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
[[Page 55084]]
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Commerce has preliminarily determined the estimated weighted-
average dumping margin for Daffodil under section 776 of the Act.
Consequently, Commerce has applied to all other producers and exporters
of subject merchandise the lowest dumping margin alleged in the
Petition. For a full description of the methodology underlying
Commerce's analysis, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\7\ We adjusted cash deposit rates for export subsidies of 1.99
percent determined for Daffodil in the companion CVD investigation.
See Citric Acid and Certain Citrate Salts from India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 91 FR 38664
(June 26, 2026), and accompanying Preliminary Determination
Memorandum at 18-22 for the programs that we preliminarily found to
be specific under sections 771(5A)(A) and (B) of the Act because
they are contingent upon exportation.
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Cash deposit rate (adjusted
Exporter/Producer Weighted-average dumping for subsidy offset) \7\
margin (percent) (percent)
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Daffodil Pharmachem Private Limited................. 151.73* 149.74
All Others.......................................... 100.21 98.22
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* 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 all entries of melamine, 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. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
adverse facts available (AFA) to the sole mandatory respondent in this
investigation, and applied an AFA rate based on the Petition, there are
no calculations to disclose.
Verification
Because the mandatory respondent in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines the mandatory respondent to be uncooperative, we will not
conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 14
days after the date of publication of the preliminary determination.
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.\8\ 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.\9\
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\8\ See 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 Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\10\ 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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Procedures.
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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:
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
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. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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
[[Page 55085]]
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
petitioner. Section 351.210(e)(2) of Commerce's regulations requires
that a request by exporters for postponement of the final 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.\12\
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\12\ See 19 CFR 351.210(e)(2).
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On July 1, 2026, pursuant to 19 CFR 351.210(e), Daffodil requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\13\ 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.
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\13\ See Daffodil's Letter, ``Request for postponement of final
determination and extension of provisional Anti-Dumping measures,''
dated July 1, 2026.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary 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 these imports 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 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: August 19, 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 I
Scope of the Investigation
The merchandise covered by this investigation includes all
grades and granulation sizes of citric acid, sodium citrate, and
potassium citrate in their unblended forms, whether dry or in
solution, and regardless of packaging type. The scope also includes
blends of citric acid, sodium citrate, and potassium citrate, as
well as blends with other ingredients, such as sugar, where the
unblended form(s) of citric acid, sodium citrate, and potassium
citrate constitute 40 percent or more, by weight, of the blend.
The scope also includes all forms of crude calcium citrate,
including dicalcium citrate monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate products in the production of
citric acid, sodium citrate, and potassium citrate. The scope
includes the hydrous and anhydrous forms of citric acid, the
dihydrate and anhydrous forms of sodium citrate, otherwise known as
citric acid sodium salt, and the monohydrate and monopotassium forms
of potassium citrate. Sodium citrate also includes both trisodium
citrate and monosodium citrate which are also known as citric acid
trisodium salt and citric acid monosodium salt, respectively.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing or removing additives, or
performing any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
subject country. The scope also includes merchandise matching the
above description that is commingled or blended with citric acid,
sodium citrate, and potassium citrate from sources not subject to
this investigation. Only the subject component of such commingled
products is covered by the scope of this investigation.
The scope does not include calcium citrate that satisfies the
standards set forth in the United States Pharmacopeia and has been
mixed with a functional excipient, such as dextrose or starch, where
the excipient constitutes at least two percent, by weight, of the
product.
Citric acid and sodium citrate are classifiable under
2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of
the United States (HTSUS), respectively. Potassium citrate and crude
calcium citrate are classifiable under 2918.15.5000 and, if included
in a mixture or blend, 3824.99.9397 of the HTSUS. Blends that
include citric acid, sodium citrate, and potassium citrate are
classifiable under 3824.99.9397 of the HTSUS. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise 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, Use of Adverse Inference, and
Calculation of All-Others Rate
V. Adjustment to Cash Deposit Rates for Export Subsidies
VI. Recommendation
[FR Doc. 2026-17418 Filed 8-25-26; 8:45 am]
BILLING CODE 3510-DS-P