Notice2026-02123
Certain Monomers and Oligomers From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value 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
February 3, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain monomers and oligomers (monomers and oligomers) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV) and determines that critical circumstances existed with respect to imports of subject merchandise from Taiwan. The period of investigation (POI) is January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 22 (Tuesday, February 3, 2026)</title>
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[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)]
[Notices]
[Pages 4866-4869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02123]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-879]
Certain Monomers and Oligomers From Taiwan: Final Affirmative
Determination of Sales at Less Than Fair Value 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
certain monomers and oligomers (monomers and oligomers) from Taiwan are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) and determines that critical circumstances existed with
respect to imports of subject merchandise from Taiwan. The period of
investigation (POI) is January 1, 2024, through December 31, 2024.
DATES: Applicable February 3, 2026.
FOR FURTHER INFORMATION CONTACT: Jaron Moore, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3640.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2025, Commerce published in the Federal Register
the Preliminary Determination and invited interested parties to
comment.\1\
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\1\ See Certain Monomers and Oligomers from Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical Circumstances, 90
FR 43409 (September 9, 2025) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
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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.\2\ 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, to January 26, 2026.\3\ Finally, due to the closure
of Commerce offices due to inclement weather, the deadline for this
final determination was postponed until the next business day,\4\ i.e.,
January 28, 2026.
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\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\4\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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A summary of the events that occurred since Commerce published the
Preliminary 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 of Sales at Less Than Fair Value in
the 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 certain monomers and
oligomers. 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, we made no
changes to the scope of the investigation from that published in the
Preliminary Determination.
Verification
Because the non-responsive companies did not participate in this
investigation, Commerce did not conduct a verification in this
investigation.\6\
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\6\ See Preliminary Determination, 90 FR at 43410.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
mandatory respondents Eternal Materials, Qualipoly, and Synth-Edge an
estimated weighted-average dumping margin on the basis of facts
available with adverse inferences (AFA), pursuant to sections 776(a)
and (b) of the Act because they declined to participate in this
investigation and therefore did not act to the best of their
ability.\7\ There is no new information on the record that would cause
us to revisit our decision to apply AFA in the Preliminary
Determination. Accordingly, for the reasons explained in the
Preliminary Determination, and consistent with Commerce's practice, as
AFA, we assigned Eternal Materials, Qualipoly, and Synth-Edge a dumping
margin based on AFA.\8\
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\7\ Id., 90 FR at 43409, and accompanying PDM.
\8\ See, e.g., Welded Stainless Pressure Pipe from Thailand:
Final Determination of Sales at Less Than Fair Value, 79 FR 31093
(May 30, 2014), and accompanying Issues and Decision Memorandum at
Comment 3.
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Changes Since the Preliminary Determination
Based on our review of the comments received from parties, we made
no changes for the final determination. However, based on review and
analysis of the record, we made certain changes to the preliminary
dumping margins assigned to Eternal Materials, Qualipoly, Synth-Edge,
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 analysis of imports for
all-other producers and/or exporters. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
In the Preliminary Determination, Commerce preliminarily
determined, in accordance with section 703(e) of the Act and 19 CFR
351.206, that critical
[[Page 4867]]
circumstances exist with respect to imports of subject merchandise for
Eternal Materials Co., Ltd. (Eternal Materials), Qualipoly Chemical
Corporation (Qualipoly), Synth-Edge Advanced Material Co., Ltd. (Synth-
Edge), and all other producers and/or exporters.\9\ 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, Synth-Edge, and all other
producers and/or exporters. With respect to finding that critical
circumstances exist for Eternal Materials, Qualipoly, Synth-Edge, 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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\9\ See Preliminary Determination, 90 FR at 43409.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually examined 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
rates that are zero, de minimis margins, or determined entirely under
section 776 of the Act. We cannot apply the methodology described in
section 735(c)(5)(A) of the Act to calculate the all-others rate, as
the margins applied in this final determination are determined entirely
under section 776 of the Act.
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. In cases where dumping
margins are determined entirely under section 776 of the Act for
individually examined entities, Commerce's normal practice under these
circumstances is to calculate the all-others rate as a simple average
of the alleged dumping margins from the petition.\8\ Therefore, as the
all-others rate, we are assigning the simple average of the dumping
margins calculated from the information in the petition, which is
130.23 percent.\10\ For a full description of the methodology
underlying Commerce's analysis, see the Issues and Decision Memorandum.
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\10\ See Certain Monomers and Oligomers from the Republic of
Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations,
90 FR 17044 (April 23, 2025).
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted
average
Producer or exporter dumping
margin
(percent)
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Eternal Materials Co., Ltd.............................. * 130.23
Qualipoly Chemical Corporation.......................... * 130.23
Synth-Edge Advanced Material Co., Ltd................... * 130.23
All Others.............................................. 130.23
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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 for these preliminary results within
five days of any public announcement, or if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In accordance with sections 733(d)(1)(B) and (e)(2)(A) of the Act,
we instructed U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of monomers and oligomers from Taiwan, as
described in Appendix I of this notice, which were entered or withdrawn
from warehouse for consumption on or after June 11, 2025, 90 days prior
to the date of publication of the Preliminary Determination of this
investigation in the Federal Register for entries produced and/or
exported by Eternal Materials, Qualipoly, Synth-Edge, and all other
producers and/or exporters. In accordance with section 733(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 January 7, 2026, 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 January 6, 2026.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue an antidumping duty
order, reinstate the suspension of liquidation under section 736(a) of
the Act, and require a cash deposit of estimated antidumping duties for
such entries of subject merchandise in the amounts indicated above. 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.
To determine the cash deposit rates in LTFV investigations,
Commerce normally adjusts the estimated weighted-average dumping
margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation when CVD provisional
measures are in effect. Accordingly, where Commerce has made a final
affirmative determination of countervailable export subsides, Commerce
offsets the estimated weighted average dumping margins in the companion
LTFV investigation by the appropriate export subsidy rate. Here,
Commerce normally would have adjusted the estimated weighted-average
dumping margins that are listed in the table above by the appropriate
export subsidy rate determined in the companion CVD investigation to
determine the cash deposit rate. However, in the companion CVD
investigation there were no countervailable subsidies found.\11\
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\11\ See Certain Monomers and Oligomers from Taiwan: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, 91 FR 3114 (January 26, 2026)
(Monomers and Oligomers from Taiwan CVD Final Determination).
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ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV. As
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales for importation of monomers and oligomers from Taiwan, no later
than 45 days after this final determination. If the ITC determines that
such injury does not exist, this proceeding will be terminated, all
cash deposits posted will be refunded, and suspension of liquidation
will be lifted. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective
[[Page 4868]]
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section above.
To determine the cash deposit rates in LTFV investigations,
Commerce normally adjusts the estimated weighted-average dumping
margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation when CVD provisional
measures are in effect. Accordingly, where Commerce has made a final
affirmative determination of countervailable export subsides, Commerce
offsets the estimated weighted average dumping margins in the companion
LTFV investigation by the appropriate export subsidy rate. Here,
Commerce normally would have adjusted the estimated weighted-average
dumping margins that are listed in the table above by the appropriate
export subsidy rate determined in the companion CVD investigation to
determine the cash deposit rate. However, in the companion CVD
investigation there were no countervailable subsidies found.\12\
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\12\ Id.
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Administrative Protective Order (APO)
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
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: January 28, 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(C2H
trimethylol-propane 4O)nC15H20O6
triacrylate
(EOTMPTA).
57472-68-1.................. Dipropylene glycol C12H18O5
diacrylate (DPGDA).
55818-57-0.................. Bisphenol-A- (C15H16O2.C3H5ClO)x.
epichlorohydrin xC3H4O2
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 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
[[Page 4869]]
II. Background
III. Changes from the Preliminary Determination
IV. Final Determination of Critical Circumstances
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce's Application of Adverse Facts
Available (AFA) in its Critical Circumstances Determination for the
Mandatory Respondents is in Accordance with Law
Comment 2: Whether Commerce Should Have Provided an Opportunity
to Submit Rebuttal Factual Information
Comment 3: Use of Harmonized Tariff System (HTS) Basket
Categories in the Critical Circumstances Analysis with Respect to
All-Other Producers and/or Exporters
VII. Recommendation
[FR Doc. 2026-02123 Filed 2-2-26; 8:45 am]
BILLING CODE 3510-DS-P
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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.