Notice2026-01452
Certain Monomers and Oligomers From Taiwan: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 26, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain monomers and oligomers (monomers and oligomers) from Taiwan during the period of investigation (POI), January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
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[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Notices]
[Pages 3114-3117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01452]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-583-880]
Certain Monomers and Oligomers From Taiwan: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain monomers and oligomers (monomers and oligomers) from Taiwan
during the period of investigation (POI), January 1, 2024, through
December 31, 2024.
DATES: Applicable January 26, 2026.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam, 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) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2025, Commerce published in the Federal Register the
Preliminary Determination and invited interested comments from
interested parties.\1\ On September 22, 2025, Commerce published in the
Federal Register the Preliminary Critical Circumstances Determination
and invited interested parties to comment.\2\
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\1\ See Certain Monomers and Oligomers from Taiwan: Preliminary
Affirmative Countervailing Duty Determination, 90 FR 42184 (August
29, 2025) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Certain Monomers and Oligomers from Taiwan: Preliminary
Affirmative Critical Circumstances Determination in Countervailing
Duty Investigation, 90 FR 45370 (September 22, 2025) (Preliminary
Critical Circumstances Determination).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ Accordingly, the deadline for this final
determination is now January 15, 2026.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that occurred since
Commerce published the Preliminary Determination and the Preliminary
Critical Circumstances Determination, as well as a full discussion of
the issues raised by parties for this final determination, see the
Issues and Decision Memorandum.\5\ The Issues and Decision Memorandum
is a public document and is on file electronically via ACCESS. ACCESS
is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Certain Monomers and Oligomers from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is monomers and oligomers
from Taiwan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
[[Page 3115]]
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by parties, and to which we responded in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination and Preliminary Critical
Circumstances Determination
We made certain changes to the countervailable subsidy rate
determinations for Eternal Materials Co., Ltd. (Eternal Materials),
Qualipoly Chemical Corporation (Qualipoly), and for all other producers
and/or exporters. Further, based on our review and analysis of the
information received regarding critical circumstances, we made certain
changes to our massive imports analysis for all-other producers and/or
exporters. For a discussion of these changes, see the Issues and
Decision Memorandum and AFA Memorandum.\6\
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\6\ See Memorandum, ``Countervailing Duty Investigation of
Certain Monomers and Oligomers from Taiwan: Selection of Adverse
Facts Available Rates,'' dated concurrently with this memorandum
(AFA Memorandum).
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Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied on facts
available, including with an adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full discussion of our application of
AFA, see the section ``Use of Facts Otherwise Available and Application
of Adverse Inferences'' in the accompanying Issues and Decision
Memorandum.
Final Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce
preliminarily determined, in accordance with section 703(e) of the Act
and 19 CFR 351.206, that critical circumstances exist with respect to
imports of subject merchandise for Eternal Materials, Qualipoly, and
all other producers and/or exporters.\8\ For this final determination,
in accordance with section 705(a)(2) of the Act and 19 CFR 351.206,
Commerce continues to find that critical circumstances exist for
Eternal Materials, Qualipoly, and all other producers and/or exporters.
With respect to finding that critical circumstances exist for Eternal
Materials and Qualipoly, we relied on AFA, pursuant to sections 776(a)
and (b) of the Act. For a full description of the methodology and an
analysis of the comments received, see the Issues and Decision
Memorandum.
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\8\ See Preliminary Critical Circumstances Determination.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted average
countervailable subsidy rates established for those exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates based entirely under
section 776 of the Act. However, pursuant to section 705(c)(5)(A)(ii)
of the Act, if the individual estimated countervailable subsidy rates
established for all producers and/or exporters individually examined
are zero, de minimis, or determined based entirely on facts otherwise
available, Commerce may use any reasonable method to establish the
estimated subsidy rate for all other producers and/or exporters. In
this investigation, the estimated subsidy rate for the individually
examined respondents is based entirely on facts otherwise available,
pursuant to section 776 of the Act. This is the only rate available in
this proceeding for deriving the all-others rate. Consequently, the
subsidy rate calculated for the individually examined respondents is
also assigned as the subsidy rate for all other producers and/or
exporters.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Eternal Materials Co., Ltd.............................. * 103.43
Qualipoly Chemical Corporation.......................... * 103.43
All Others.............................................. 103.43
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* Rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its 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).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and in accordance
with sections 703(d)(1)(B) and (d)(2)(A) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise from Taiwan that
were entered, or withdrawn from warehouse, for consumption on or after
August 29, 2025, the date of publication of the Preliminary
Determination in the Federal Register.\9\ Subsequently, as a result of
our Preliminary Critical Circumstances Determination, and in accordance
with section 703(e)(2)(A) of the Act, we instructed CBP to suspend
liquidation of entries of subject merchandise, as described in the
scope of the investigation section, that were entered, or withdrawn
from warehouse, for consumption on or after May 31, 2025, which is 90
days prior to the date of the publication of the Preliminary
Determination in the Federal Register for entries produced and/or
exported by Eternal Materials, Qualipoly, and all other producers and/
or exporters.\10\ In accordance with section 703(d) of the Act, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after December 27, 2025, the first day provisional measures were no
longer in effect, but to continue the suspension of liquidation of all
entries of subject merchandise on or before December 26, 2025.
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\9\ See Preliminary Determination.
\10\ See Preliminary Critical Circumstances Determination.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation
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under section 706(a) of the Act, and require a cash deposit of
estimated countervailing duties for such entries of subject merchandise
in the amounts indicated above. Pursuant to section 705(c)(2) of the
Act, if the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of monomers and
oligomers from Taiwan. As Commerce's final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
determine, within 45 days, whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of monomers and oligomers from Taiwan. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information in our files, provided the ITC confirms that it
will not disclose such information, either publicly or under
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a countervailing duty order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all imports of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: January 15, 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 products subject to this investigation are certain
multifunctional acrylate and methacrylate monomers, and acrylated
bisphenol-A epoxy based oligomers (collectively, certain monomers
and oligomers or CMOs) that are derived from chemical reactions
involving the use of acrylic or methacrylic acid. Products within
the scope are listed below and have the following Chemical Abstracts
Service (CAS) numbers:
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CAS No. Description Molecular formula
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109-16-0.............. Triethylene glycol C14H22O6.
dimethacrylate
(TEGDMA).
13048-33-4............ 1,6-hexanediol C12H18O4.
diacrylate (HDDA).
42978-66-5............ Tripropylene glycol C15H24O6.
diacrylate (TPGDA).
3290-92-4............. Trimethylolpropane C18H26O6.
trimethacrylate
(TMPTMA).
15625-89-5............ Trimethylolpropane C15H20O6.
triacrylate (TMPTA).
28961-43-5............ Ethoxylated (C2H4O)n(C2H4O)n(C2H4O)nC
trimethylol-propane 15H20O6.
triacrylate
(EOTMPTA).
57472-68-1............ Dipropylene glycol C12H18O5.
diacrylate (DPGDA).
55818-57-0............ Bisphenol-A- (C15H16O2.C3H5ClO)x.xC3H4
epichlorohydrin O2.
copolymer acrylate
(EPOXY ACRYLATE).
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The monomers are generally known as multifunctional acrylates
(MFAs) or multifunctional methacrylates (MFMAs) depending on whether
the functional groups are acrylate or methacrylate. The monomers
generally contain stabilizers/inhibitors, which include but are not
limited to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy
Toluene. The monomers are either difunctional or trifunctional
(having 2 or 3 functional groups/molecule), have viscosities of 9 to
15 centipoise (cPs) at 25 degrees Celsius (if difunctional) or 44 to
110 cPs at 25 degrees Celsius (if trifunctional), have
(meth)acrylate equivalent weights (molecular weight per number of
functional groups) between 99 and 158 and molecular weights between
226 and 472 grams per mol.
The acrylated bisphenol-A epoxy based oligomer is commonly
referred to as epoxy acrylate or acrylated epoxy. In contrast to
epoxy resin, the main characteristic of the epoxy acrylate oligomer
is that it contains acrylate functional groups which make them
curable by free-radical polymerization. The epoxy acrylate has a
molecular weight between 508 to 536 grams per mol and a viscosity of
2400 to 3600 cPs at 65 degrees Celsius. The epoxy acrylate generally
contains stabilizers/inhibitors, which include but are not limited
to Hydroquinone, Methyl Hydroquinone, and Butylated Hydroxy Toluene.
Certain monomers and oligomers are subject to the scope even if
an in-scope monomer or oligomer is blended or mixed with one or more
other in-scope monomers or oligomers.
Certain monomers and oligomers in any blend or mixture are also
subject to the scope, so long as the blend or mixture contains no
less than 20 percent by weight of in-scope CMOs.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing, or removing ingredients, 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 CMOs that are commingled, mixed or
blended with in-scope product from sources not subject to this
investigation.
Only the subject component(s) of such blends, mixtures or
commingled products described above is covered by the scope of this
investigation. Subject merchandise contained in a blended, mixed or
commingled product described above will not have undergone a
chemical reaction as a result of being blended, mixed or commingled.
Notwithstanding the above, specifically excluded from the scope
are downstream products, including but not limited to, inks,
coatings and overprint varnishes. For purposes of this exclusion,
the downstream product requires only the application of energy to be
cured, e.g., inks or varnish applied to packaging, coatings applied
to wood flooring, etc. The energy source
[[Page 3117]]
required to cure the downstream product to its substrate can be
thermal, ultraviolet radiation, visible light, electron beam
radiation, or infrared radiation.
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
2916.12.5050, 2916.14.2050, 3824.99.2900, 3907.29.0000 and
3907.30.0000. Subject merchandise may also be entered under
subheadings 2916.12.1000 and 3824.99.9397. The HTSUS subheadings and
CAS registry numbers are provided for convenience and customs
purposes only; the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination and Preliminary
Critical Circumstances Determination
IV. Final Determination of Critical Circumstances
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: The Appropriate Adverse Facts Available Rate to Apply
to Transnational Subsidy Programs
Comment 2: Whether Commerce Properly Found the Existence of
Critical Circumstances
VIII. Recommendation
[FR Doc. 2026-01452 Filed 1-23-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 26, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.