Notice2026-04412
L-Lysine From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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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
March 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that L-lysine (lysine) from People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2024, through March 31, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 91 Issue 44 (Friday, March 6, 2026)</title>
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[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Notices]
[Pages 11030-11034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04412]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-215]
L-Lysine From the People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that L-lysine (lysine) from People's Republic of China
(China) is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation is October 1, 2024,
through March 31, 2025. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable March 6, 2026.
FOR FURTHER INFORMATION CONTACT: Mira Warrier or Jerry Xiao, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8031 or (202) 482-2273,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). On June 24,
2025, Commerce published the notice of initiation of this investigation
in the Federal Register.\1\
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\1\ See L-Lysine from the People's Republic of China: Initiation
of Less-Than-Fair-Value Investigations, 90 FR 26782 (June 24, 2026)
(Initiation Notice).
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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.\3\ On December 31,
[[Page 11031]]
2025, Commerce postponed the preliminary determination of this
investigation.\4\ Accordingly, this preliminary determination is now
due March 2, 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 L-Lysine from the People's Republic of China:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 90 FR 61368 (December 31, 2025).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ 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 ACCESS. ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
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, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of L-lysine from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is lysine from China. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Accordingly, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See Initiation Notice, 90 FR at 26782.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because China is a non-
market economy (NME), within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the
Act, Commerce preliminarily has relied upon facts otherwise available,
with adverse inferences, with respect to the China-wide entity. For a
full description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ Id., 90 FR at 26785.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Separate Rates
We have preliminarily granted a separate rate to certain companies
that we did not select for individual examination.\10\ In calculating
the rate for non-individually examined separate rate respondents in an
NME LTFV investigation, Commerce normally looks at section 735(c)(5)(A)
of the Act, which pertains to the calculation of the all-others rate in
a market economy LTFV investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the weighted-average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding any
zero and de minimis duming margins, and any dumping margins based
entirely under section 776 of the Act. Commerce calculated individual
estimated weighted-average dumping margins for the Eppen Group \11\ and
Zhengzhou Longgu Trading Co., Ltd. (Zhengzhou Longgu) that are not
zero, de minimis, or based entirely on facts otherwise available.
Therefore, we assigned a margin to the non-examined, separate rate
companies based on a weighted-average dumping margin based on the
publicly ranged U.S. sales values reported by the Eppen Group and
Zhengzhou Longgu. See the table below in the ``Preliminary
Determination'' section of this notice.
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\10\ See Preliminary Decision Memorandum.
\11\ The Eppen Group refers to the following companies which
Commerce is treating as a single entity: Eppen Asia Pte. Ltd.;
Heilongjiang Eppen Biotech Co., Ltd; Inner Mongolia Eppen Biotech
Co., Ltd; and Ningxia Eppen Biotech Co., Ltd.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average Cash deposit rate (adjusted for
Producer Exporter dumping subsidy offsets) (percent)
margin
(percent)
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Eppen Asia Pte. Ltd./Heilongjiang Eppen Asia Pte. Ltd./ 72.18 Not Applicable.
Eppen Biotech Co., Ltd./Inner Heilongjiang Eppen
Mongolia Eppen Biotech Co., Ltd./ Biotech Co., Ltd./Inner
Ningxia Eppen Biotech Co., Ltd. Mongolia Eppen Biotech
Co., Ltd./Ningxia Eppen
Biotech Co., Ltd.
Anhui BBCA Biochemical Co., Ltd....... Zhengzhou Longgu Trading 41.22 Not Applicable.
Co., Ltd.
Eppen Asia Pte. Ltd./Heilongjiang Zhengzhou Longgu Trading 41.22 Not Applicable.
Eppen Biotech Co., Ltd./Inner Co., Ltd.
Mongolia Eppen Biotech Co., Ltd./
Ningxia Eppen Biotech Co., Ltd.
Shouguang Golden Corn Biotechnological Zhengzhou Longgu Trading 41.22 Not Applicable.
Co., Ltd. Co., Ltd.
Anhui BBCA Biochemical Co., Ltd....... Agromate Sg Pte. Ltd.... 64.54 Not Applicable.
Heilongjiang Wanlirunda Biotechnology Agromate Sg Pte. Ltd.... 64.54 Not Applicable.
Co., Ltd.
Eppen Asia Pte. Ltd./Heilongjiang Agromate Sg Pte. Ltd.... 64.54 Not Applicable.
Eppen Biotech Co., Ltd./Inner
Mongolia Eppen Biotech Co., Ltd./
Ningxia Eppen Biotech Co., Ltd.
Shouguang Golden Corn Biotechnological Ainore (Tianjin) Trading 64.54 Not Applicable.
Co., Ltd. Co., Ltd.
Heilongjiang Wanlirunda Biotechnology Ainore (Tianjin) Trading 64.54 Not Applicable.
Co., Ltd. Co., Ltd.
Anhui BBCA Biochemical Co., Ltd....... Aollen Biotech Co., Ltd. 64.54 Not Applicable.
[[Page 11032]]
Changchun Dahe Bio Technology Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Development Co., Ltd.
Eppen Asia Pte. Ltd./Heilongjiang Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Eppen Biotech Co., Ltd./Inner
Mongolia Eppen Biotech Co., Ltd./
Ningxia Eppen Biotech Co., Ltd.
Heilongjiang Wanlirunda Biotechnology Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Co., Ltd.
Henan Jinyufeng Biotechnology Co., Ltd Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Jilin Meihua Amino Acid Co., Ltd...... Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Qiqihar Longjiang Fufeng Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Biotechnologies Co., Ltd.
Shouguang Golden Corn Biotechnological Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Co., Ltd.
Zhucheng Dongxiao Biotechnology Co., Aollen Biotech Co., Ltd. 64.54 Not Applicable.
Ltd.
Eppen Asia Pte. Ltd./Heilongjiang Pegasus Ltd............. 64.54 Not Applicable.
Eppen Biotech Co., Ltd./Inner
Mongolia Eppen Biotech Co., Ltd./
Ningxia Eppen Biotech Co., Ltd.
Shandong Shouguang Juneng Golden Corn Pegasus Ltd............. 64.54 Not Applicable.
Development Co., Ltd.
Qiqihar Longjiang Fufeng Pegasus Ltd............. 64.54 Not Applicable.
Biotechnologies Co., Ltd.
Qiqihar Longjiang Fufeng Qiqihar Longjiang Fufeng 64.54 Not Applicable.
Biotechnologies Co., Ltd. Biotechnologies Co.,
Ltd.
Shouguang Golden Corn Biotechnological Shouguang Golden Corn 64.54 Not Applicable.
Co., Ltd. Biotechnological Co.,
Ltd.
Shouguang Golden Corn Biotechnological Zhengzhou Heshu 64.54 Not Applicable.
Co., Ltd. Stockbreeding
Development Co., Ltd.
Eppen Asia Pte. Ltd./Heilongjiang Zhengzhou Heshu 64.54 Not Applicable.
Eppen Biotech Co., Ltd./Inner Stockbreeding
Mongolia Eppen Biotech Co., Ltd./ Development Co., Ltd.
Ningxia Eppen Biotech Co., Ltd.
China-wide............................ ........................ * 142.59 Not Applicable.
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* This rate is 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 subject merchandise, 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, as discussed below.
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 weighted average amount by which normal value exceeds U.S.
price, as indicated in the chart above, as follows: (1) for the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
China producers/exporters of merchandise under consideration that have
not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the China producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. However, Commerce has not made a preliminary affirmative
determination for domestic subsidy pass-through or export subsidies;
thus, Commerce has not offset the calculated estimated weighted-average
dumping margin in this preliminary determination.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary 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).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed not later than five days after the date for filing case
[[Page 11033]]
briefs.\12\ 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.\13\
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\12\ 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 Rule).
\13\ See 19 351.309(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.\14\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the 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 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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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 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. Pursuant to 19 CFR 351.210(e)(2), Commerce 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.
On February 25, 2026, pursuant to 19 CFR 351.210(e), the Eppen
Group and Zhengzhou Longgu requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\16\ On February 26, 2026, the Lysine Fair Trade
Coalition (the petitioner) also submitted a postponement request.\17\
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 exporters account 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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\16\ See Eppen Group's and Zhengzhou Longgu's Letter, ``Request
to Extend Final Determination,'' dated February 25, 2026.
\17\ See Petitioner's Letter, ``Petitioners' Request to Extend
the Final Determination,'' dated February 26, 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 of sales at LTFV. 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 imports of the subject
merchandise 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: March 2, 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 scope of this investigation covers animal feed grade L-
lysine (lysine). Lysine is an essential amino acid added to animal
feed that is used in the biosynthesis of proteins. The scope covers
lysine regardless of form, including lysine monohydrochloride, also
referred to as lysine HCL, lysine sulfate, and liquid lysine. The
scope includes lysine that has been coated or encapsulated for use
with ruminants to ensure bioavailability.
Lysine HCL in the dry form has the molecular formula
C<INF>6</INF> H<INF>14</INF> N<INF>2</INF> O<INF>2</INF> HCl. The
Chemical Abstracts Service (CAS) registry number for lysine HCL is
657-27-2. Lysine HCL contains a minimum of 78 percent lysine by
weight, as well as additional amino acids, carbohydrates, mineral
salts, and organic acids. Lysine sulfate is the sulfate salt of
lysine, and in the dry form it has the molecular formula
C<INF>6</INF> H<INF>16</INF> N<INF>2</INF> O<INF>6</INF> S. The CAS
registry number for lysine sulfate is 60343-69-3. Lysine sulfate
typically contains approximately 40-70 percent lysine by weight, as
well as additional amino acids, carbohydrates, mineral salts, and
organic acids. Liquid lysine is a concentrated form of lysine in an
aqueous solution with the molecular formula C<INF>6</INF>
H<INF>14</INF> N<INF>2</INF> O<INF>2</INF>. The CAS registry number
for liquid lysine is 56-87-1. Liquid lysine normally contains at
least 50 percent lysine by weight, as well as additional amino
acids, carbohydrates, mineral salts, and organic acids.
The scope includes animal feed grade lysine that is combined
with other products, including for example, by mixing, blending,
compounding, or granulating (e.g., base mixes, premixes, and
concentrates). For such combined products, only the lysine component
is covered by the scope of this investigation.
Subject merchandise also includes lysine that has been processed
in a third country, including by commingling, diluting, adding or
removing additives, refining, converting from liquid to dry or dry
to liquid form, coating or encapsulating, or performing any
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the subject country.
The merchandise covered by this investigation is properly
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 2922.41.0090. Lysine may also be classified under
HTSUS subheadings 2922.41.0010, 2922.49.4950, 2309.90.7000, and
2309.90.9500. Although the HTSUS subheadings and the CAS registry
numbers are provided for convenience and customs purposes, the
written description of the scope of the investigation is
dispositive.
[[Page 11034]]
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(f) of the Act
VII. Adjustment to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2026-04412 Filed 3-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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