Notice2026-03061
Citric Acid and Certain Citrate Salts From Canada and India: Initiation of Less-Than-Fair-Value Investigations
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 17, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 31 (Tuesday, February 17, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)]
[Notices]
[Pages 7252-7256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03061]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-877, A-533-946]
Citric Acid and Certain Citrate Salts From Canada and India:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: Preston Cox at (240) 956-8630 and
Amber Hodak at (202) 482-8034 (Canada) and Bryan Hansen at (202) 482-
3683 (India), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 21, 2026, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of citric
acid and certain citrate salts from Canada and India, filed in proper
form on behalf of Archer-Daniels-Midland Company, Cargill,
Incorporated, and Primary Products Ingredients Americas LLC
(collectively, the petitioners), domestic producers of citric acid and
certain citrate salts.\1\ The AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of citric acid
and certain citrate salts from Canada and India.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Citric Acid and
Certain Citrate Salts from Canada and India,'' dated January 21,
2026 (Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between January 26 and February 6, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\3\ Between January 29 and February 9,
2026, the petitioners filed timely responses to these requests for
additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 26, 2026 (General Issues Supplemental Questionnaire); see
also Country-Specific AD Supplemental Questionnaires: First Canada
AD Supplemental and First India AD Supplemental, dated January 27,
2026; see also Memorandum, ``Teleconference with Counsel to the
Petitioners,'' dated February 3, 2026 (Second Canada and India AD
Supplemental); see also Memorandum, ``Phone Call with Counsel to the
Petitioners,'' dated February 6, 2026.
\4\ See Petitioners' Letters, ``Response to Supplemental
Questions,'' dated January 29, 2026 (General Issues Supplement); see
also Country-Specific AD Supplemental Responses: First Canada AD
Supplement and First India AD Supplement, dated January 30, 2026;
and Country-Specific AD Supplemental Responses: Second Canada AD
Supplement and Second India AD Supplement, dated February 4, 2026;
see also ``Petitioners' Corrected Representative Certification,''
dated February 9, 2026.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of citric acid
and certain citrate salts from Canada and India are being, or are
likely to be, sold in the United States at less than fair value (LTFV)
within the meaning of section 731 of the Act, and that imports of such
products are materially injuring, or threatening material injury to,
the citric acid and certain citrate salts industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petitions
were accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigations.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation (POI)
Because the Petitions were filed on January 21, 2026, pursuant to
19 CFR 351.204(b)(1), the POI for the Canada and India LTFV
investigations is January 1, 2025, through December 31, 2025.
Scope of the Investigations
The products covered by these investigations are citric acid and
certain citrate salts from Canada and India. For a full description of
the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 26, 2026, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ On January 29, 2026, the petitioners provided clarifications
and revised the scope.\7\ The description of merchandise covered by
these investigations, as described in the appendix to this notice,
reflects these clarifications.
---------------------------------------------------------------------------
\6\ See General Issues Supplemental Questionnaire.
\7\ See General Issues Supplement at 2-3 and Exhibit I-S4.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information, all such factual information should be limited to public
information.\9\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on March 2, 2026, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on March 12, 2026, which is 10 calendar days from
the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
[[Page 7253]]
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of citric acid and certain
citrate salts to be reported in response to Commerce's AD
questionnaires. This information will be used to identify the key
physical characteristics of the subject merchandise in order to report
the relevant cost of production (COP) accurately, as well as to develop
appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe citric acid and certain citrate salts, it may be that only
a select few product characteristics take into account commercially
meaningful physical characteristics. In addition, interested parties
may comment on the order in which the physical characteristics should
be used in matching products. Generally, Commerce attempts to list the
most important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on March 2,
2026, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on March 12, 2026,
which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petitions account for: (i) at
least 25 percent of the total production of the domestic like product;
and (ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of these investigations.\13\ Based on our analysis of the information
submitted on the record, we have determined that citric acid and
certain citrate salts, as defined in the scope, constitute a single
domestic like product, and we have analyzed industry support in terms
of that domestic like product.\14\
---------------------------------------------------------------------------
\13\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Citric Acid and Certain Citrate Salts from Canada and
India,'' dated concurrently with, and hereby adopted by, this notice
(Country-Specific AD Initiation Checklists), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Citric Acid and Certain Citrate Salts from
Canada and India (Attachment II). These checklists are on file
electronically via ACCESS.
\14\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2025.\15\ The
petitioners identified themselves as the only producers of citric acid
and certain citrate salts in the United States; therefore, the
Petitions are supported by 100 percent of the U.S. industry.\16\ We
relied on data provided by the petitioners for purposes of measuring
industry support.\17\
---------------------------------------------------------------------------
\15\ Id.
\16\ Id.
\17\ Id.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates
[[Page 7254]]
that the petitioners have established industry support for the
Petitions.\18\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
---------------------------------------------------------------------------
\18\ Id.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------
\23\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Citric Acid and Certain
Citrate Salts from Canada and India.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
increased market share of subject imports; underselling and price
depression and/or suppression; lost sales and revenues; declines in
production, capacity utilization, and U.S shipments; and negative
impact on financial performance.\24\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, cumulation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\25\
---------------------------------------------------------------------------
\24\ Id.
\25\ Id.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of citric acid and certain citrate salts from Canada and
India. The sources of data for the deductions and adjustments relating
to U.S. price and normal value (NV) are discussed in greater detail in
the Country-Specific AD Initiation Checklists.
U.S. Price
For Canada, the petitioners based export price (EP) on pricing
information for citric acid and certain citrate salts produced in
Canada and offered for sale in the U.S. market.\26\ For India, the
petitioners based EP on: (1) the POI average unit value (AUV) derived
from official import statistics for imports of citric acid and certain
citrate salts from India; and (2) a transaction-specific AUV (i.e.,
month and port-specific AUV) derived from official import statistics
and tied to ship manifest data.\27\ The petitioners made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\28\
---------------------------------------------------------------------------
\26\ See Canada AD Initiation Checklist.
\27\ See India AD Initiation Checklist.
\28\ Id.
---------------------------------------------------------------------------
Normal Value <SUP>29</SUP>
---------------------------------------------------------------------------
\29\ In accordance with section 773(b)(2) of the Act, for the
Canada and India investigations, Commerce will request information
necessary to calculate the constructed value (CV) and COP to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
---------------------------------------------------------------------------
For Canada, the petitioners stated that they were unable to obtain
home market prices for citric acid and certain citrate salts produced
and sold in Canada and based NV on pricing information obtained through
market research for citric acid and certain citrate salts produced in
and sold, or offered for sale, from Canada to a third country,
Mexico.\30\ The petitioners also based NV on the POI AUV from publicly
available data for exports of citric acid and certain citrate salts
from Canada to Mexico.\31\ For Canada, the petitioners provided
information indicating that the prices for citric acid and certain
citrate salts sold or offered for sale in the third country market were
below the COP.\32\ For India, the petitioners based NV on home market
pricing information they obtained for citric acid and certain citrate
salts produced in and sold, or offered for sale, in India during the
applicable time period.\33\ For India, the petitioners provided
information indicating that the prices for citric acid and certain
citrate salts sold or offered for sale in India were below the COP.\34\
Therefore, for both countries, the petitioners calculated NV based on
CV.\35\ For further discussion of CV, see the section ``Normal Value
Based on Constructed Value.''
---------------------------------------------------------------------------
\30\ See Canada AD Initiation Checklist.
\31\ Id.
\32\ Id.
\33\ See India AD Initiation Checklist.
\34\ Id.
\35\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above for Canada and India, the petitioners provided
information indicating that prices for citric acid and certain citrate
salts sold or offered for sale in the third country market and in
India, respectively, were below the COP. Therefore, for Canada and
India, the petitioners calculated NV based on CV.\36\
---------------------------------------------------------------------------
\36\ Id.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\37\ For Canada and India, in calculating the cost
of manufacturing, the petitioners relied on the production experience
and input consumption rates of a U.S. producer of citric acid and
citrate salts, valued using publicly available information applicable
to the respective countries, where applicable.\38\ In calculating SG&A
expenses, financial expenses, and profit ratios, the petitioners relied
on the fiscal year 2024 financial statements of producers of comparable
merchandise domiciled in each country, respectively.\39\
---------------------------------------------------------------------------
\37\ Id.
\38\ Id.
\39\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of citric acid and certain citrate salts from
Canada and India are being, or are likely to be, sold in the United
States at LTFV. Based on comparisons of EP or NV in accordance with
sections 772 and 773 of the Act, after accounting for certain revisions
made by Commerce, the estimated
[[Page 7255]]
dumping margins for citric acid and certain citrate salts for each of
the countries covered by this initiation are as follows: (1) Canada--
64.61 to 84.41 percent; (2) India--100.21-151.73 percent.\40\
---------------------------------------------------------------------------
\40\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigations to
determine whether imports of citric acid and certain citrate salts from
Canada and India are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
Canada
In the Petitions, the petitioners identified one company (i.e.,
Jungbunzlauer Canada Inc. (JBL)) in Canada as a producer/exporter of
citric acid and certain citrate salts and provided independent third-
party information as support.\41\ We currently know of no additional
producers/exporters of citric acid and certain citrate salts from
Canada.
---------------------------------------------------------------------------
\41\ See Petitions at Volume I (Exhibit I-2); see also General
Issues Supplement at 1.
---------------------------------------------------------------------------
Accordingly, Commerce intends to individually examine the only
producer/exporter in the investigation from Canada (i.e., JBL). We
invite interested parties to comment on this issue. Such comments may
include factual information within the meaning of 19 CFR
351.102(b)(21). Parties wishing to comment must do so within three
business days of the publication of this notice in the Federal
Register. Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine the only known producer/exporter in Canada, if no
comments are received or if comments received further support the
existence of this sole producer/exporter in Canada, we do not intend to
conduct respondent selection and will proceed to issuing the initial AD
questionnaire to the company identified. However, if comments are
received which create a need for a respondent selection process, we
intend to finalize our decision regarding the respondent selection
within 20 days of publication of this notice.
India
In the Petitions, the petitioners identified 19 companies in India
as producers and/or exporters of citric acid and certain citrate
salts.\42\ Following standard practice in LTFV investigations involving
market economy countries, in the event Commerce determines that the
number of companies is large such that Commerce cannot individually
examine each company based on its resources, Commerce intends to select
mandatory respondents based on U.S. Customs and Border Protection (CBP)
data for imports under the appropriate Harmonized Tariff Schedule of
the United States (HTSUS) subheadings listed in the ``Scope of the
Investigations,'' in the appendix.
---------------------------------------------------------------------------
\42\ See Petitions at Volume I at Exhibit I-11.
---------------------------------------------------------------------------
On February 10, 2026, Commerce released CBP data on imports of
citric acid and certain citrate salts from India, under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on CBP data and/or respondent selection must do so within three
business days of the publication date of the notice of initiation of
this investigation.\43\ Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Commerce will not accept rebuttal comments regarding the CBP data or
respondent selection.
---------------------------------------------------------------------------
\43\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated February 10, 2026.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the Governments of Canada and India via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of citric acid and certain citrate salts from
Canada and/or India are materially injuring, or threatening material
injury to, a U.S. industry.\44\ A negative ITC determination for either
country will result in the investigation being terminated with respect
to that country.\45\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\44\ See section 733(a) of the Act.
\45\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \46\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\47\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\46\ See 19 CFR 351.301(b).
\47\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production
[[Page 7256]]
in the ordinary course of trade, the administering authority may use
another calculation methodology under this subtitle or any other
calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act (i.e., a cost-based
PMS allegation), the submission must be filed in accordance with the
requirements of 19 CFR 351.416(b), and Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a cost-based PMS exists under section 773(e) of the Act, then it
will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\48\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\49\
---------------------------------------------------------------------------
\48\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\50\
Parties must use the certification formats provided in 19 CFR
351.303(g).\51\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\52\
---------------------------------------------------------------------------
\52\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 10, 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 Investigations
The merchandise covered by these investigations 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 investigations 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
these investigations. Only the subject component of such commingled
products is covered by the scope of these investigations.
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.
[FR Doc. 2026-03061 Filed 2-13-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 17, 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.