Notice2026-04944
Certain Fatty Acids From Indonesia and Malaysia: 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
March 13, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026)</title>
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[Federal Register Volume 91, Number 49 (Friday, March 13, 2026)]
[Notices]
[Pages 12353-12358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04944]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-848, A-557-834]
Certain Fatty Acids From Indonesia and Malaysia: Initiation of
Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 9, 2026.
FOR FURTHER INFORMATION CONTACT: John Conniff at (202) 482-1009
(Indonesia) and Dennis McClure at (202) 482-5973 (Malaysia), 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 28, 2026, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
fatty acids (fatty acids) from Indonesia and Maylasia, filed in proper
form on behalf of Vantage Specialty Chemicals, Inc. (the petitioner), a
domestic producer of fatty acids.\1\ The AD Petitions were accompanied
by countervailing duty (CVD) petitions concerning imports of fatty
acids from Indonesia and Malaysia.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated January 28, 2026
(Petitions).
\2\ Id.
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Between January 30 and February 26, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\3\ Between February 3 and 26, 2026, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``General Issues Supplemental
Questions,'' dated January 30, 2026 (First General Issues
Supplemental Questionnaire); First Country-Specific AD Supplemental
Questionnaires: Malaysia AD Supplemental and Indonesia AD
Supplemental, dated February 4, 2026, Second Country-Specific AD
Supplemental Questionnaires: Second Indonesia AD Supplemental and
Second Malaysia AD Supplemental, dated February 9, 2026; ``Second
General Issues Supplemental Questions,'' dated February 12, 2026
(Second General Issues Questionnaire); and ``Third Malaysia AD
Supplemental Questionnaire,'' dated February 19, 2026 (Third
Malaysia Questionnaire); see also Memorandum, ``Phone Call with
Counsel to the Petitioner,'' dated February 26, 2026 (February 26,
2026, Scope Memorandum).
\4\ See Petitioner's Letters, ``Amendments to Antidumping and
Countervailing Duty Petitions: Volume I--General Issues and
Injury,'' dated February 3, 2026 (First General Issues Supplement);
Country-Specific AD Supplemental Responses: Indonesia AD Supplement
and Malaysia AD Supplement, dated February 9, 2026; Second Country-
Specific AD Supplemental Responses: Indonesia AD Supplement and
Maylasia AD Supplement, dated February 17, 2026; ``Amendments to
Antidumping and Countervailing Duty Petitions: Volume I--General
Issues and Injury,'' dated February 3, 2026 (First General Issues
Supplement),'' dated February 18, 2026 (Second General Issues
Supplement); and ``Third Amendment to Antidumping Petition: Volume
III--Information Related to Malaysia--Dumping,'' dated February 23,
2026 (Third Malaysia AD Supplement).
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On February 9, 2026, Commerce extended the initiation deadline by
20 days to poll the domestic industry in accordance with section
732(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because
the Petitions ``{had{time} not
[[Page 12354]]
established that the domestic producers or workers accounting for more
than 50 percent of total production support the Petitions. . . .'' \5\
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\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions:
Certain Fatty Acids from Indonesia and Malaysia, 91 FR 6192
(February 11, 2026) (Initiation Extension Notice).
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In accordance with section 732(b) of the Act, the petitioner
alleges that imports of fatty acids from Indonesia and Malaysia 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 fatty acids industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petitions were
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\6\
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\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation (POI)
Because the Petitions were filed on January 28, 2026, pursuant to
19 CFR 351.204(b)(1), the POI for the Indonesia and Malaysia LTFV
investigations is January 1, 2025, through December 31, 2025.
Scope of the Investigations
The products covered by these investigations are fatty acids from
Indonesia and Malaysia. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
Between January 28 and February 26, 2026, Commerce requested
information and clarification from the petitioner 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.\7\ Between February 3 and 26, 2026, the petitioner
provided clarifications and/or revised the scope.\8\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\7\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire; and February
26, 2026, Scope Memorandum.
\8\ See First General Issues Supplement at 2-5 and Exhibits I-
35-Supp-1 through I-37-Supp-1; see also Second General Issues
Supplement at 1-2 and Attachment; and February 26, 2026, Scope
Memorandum.
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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).\9\ 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.\10\ 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 30, 2026, which is the next business day after 20
calendar days from the signature date of this notice.\11\ 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 April
9, 2026, which is 10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for initial scope comments falls on March 29,
2026, which is a Sunday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, March 30,
2026). See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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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.
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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of fatty acids 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 fatty acids, 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.
[[Page 12355]]
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 30,
2026, which is the next business day after 20 calendar days from the
signature date of this notice.\13\ Any rebuttal comments must be filed
by 5:00 p.m. ET on April 9, 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.
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\13\ The deadline for product characteristics comments falls on
March 29, 2026, which is a Sunday. Commerce's practice dictates that
where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day (in this instance,
March 30, 2026). See 19 CFR 351.303(b)(1) (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.'').
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a 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 petition 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,\14\ 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.\15\
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\14\ See section 771(10) of the Act.
\15\ 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)).
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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 petitioner does not
offer a definition of the domestic like product distinct from the scope
of these investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that fatty acids, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\17\
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\16\ 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: Certain Fatty Acids from Indonesia and Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific AD Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Fatty Acids from Indonesia and Malaysia)
(Attachment II). These checklists are on file electronically via
ACCESS.
\17\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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On February 9, 2026, Commerce extended the initiation deadline by
20 days to poll the industry in accordance with sections 732(c)(4)(D)
of the Act, because the ``Petitions {had{time} not established that
the domestic producers or workers accounting for more than 50 percent
of total production support the Petitions. . . .'' \18\ On February 13,
2025, we issued polling questionnaires to all known U.S. producers
identified in the Petitions.\19\ We requested that the companies
complete the polling questionnaire and certify their responses by the
due date specified in the cover letter to the questionnaire.\20\
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\18\ See Initiation Extension Notice.
\19\ See Commerce's Letter, ``Polling Questionnaire,'' dated
February 13, 2026.
\20\ Id. For information and analysis of the responses received,
see Attachment II of the Country-Specific AD Initiation Checklists.
The polling questionnaire and questionnaire responses are on file
electronically via ACCESS.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers who support
the Petitions account for at least 25 percent of the total production
of the domestic like product and 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\
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\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges 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 petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
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\23\ For further discussion regarding negligibility and the
injury allegation, 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 Certain Fatty Acids from Indonesia and Malaysia.
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The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; 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\
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\24\ Id.
\25\ Id.
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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 fatty acids from Indonesia and Malaysia. The
[[Page 12356]]
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 Indonesia and Malaysia, the petitioner based export price (EP)
on transaction-specific average unit values (AUVs) (i.e., month- and
port-specific AUVs) derived from official import statistics and tied to
ship manifest data.\26\ For each country, the petitioner made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\27\
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\26\ See Country-Specific AD Initiation Checklists.
\27\ Id.
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Normal Value <SUP>28</SUP>
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\28\ In accordance with section 773(b)(2) of the Act, for the
Indonesia and Malaysia 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.
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For Indonesia and Malaysia, the petitioner calculated NV on home
market pricing information it obtained for fatty acids produced in and
sold, or offered for sale, in the respective countries during the
POI.\29\ The petitioner provided information indicating that the prices
for fatty acids sold or offered for sale in Indonesia and Malaysia were
below the COP.\30\ Therefore, for both countries, the petitioner
calculated NV based on CV.\31\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\29\ See Country-Specific AD Initiation Checklists.
\30\ Id.
\31\ Id.
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Normal Value Based on Constructed Value
As noted above for Indonesia and Malaysia, the petitioner provided
information indicating the prices for fatty acids sold or offered for
sale in Indonesia and Malaysia were below the COP. Therefore, the
petitioner calculated NV based on CV.\32\
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\32\ Id.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative (SG&A) expenses, financial expenses, and profit.\33\ For
Indonesia and Malaysia, in calculating the cost of manufacturing, the
petitioner relied on its own production experience and input
consumption rates for fatty acids, valued using publicly available
information applicable to the respective countries.\34\ In calculating
SG&A expenses, financial expenses, and profit ratios, the petitioner
relied on the fiscal year 2024 financial statements of producers of
comparable merchandise domiciled in each country, respectively.
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\33\ Id.
\34\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of fatty acids from Indonesia and Malaysia are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for fatty acids for each of the
countries covered by these initiations are as follows: (1) Indonesia--
18.38 to 69.56 percent; and (2) Malaysia--59.56 to 170.49 percent.\35\
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\35\ Id.
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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 LTFV investigations to determine
whether imports of fatty acids from Indonesia and Malaysia 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
Indonesia and Malaysia
In the Petitions, the petitioner identified 23 companies in
Indonesia and 16 companies in Malaysia as producers and/or exporters of
fatty acids.\36\ 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.
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\36\ See Petitions at Volume I at 13 Exhibits I-12 and I-13; see
also First General Issues Supplement at 1-2 and Exhibits I-12-Supp-1
through I-12-Supp-4.
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On March 3, 2026, Commerce released CBP data on imports of fatty
acids from Indonesia and Malaysia, 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 these
investigations.\37\ 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.
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\37\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated March 3, 2026.
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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 Indonesia and Malaysia 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 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigations, whether there is a reasonable indication that imports
of fatty acids from Indonesia and/or Malaysia are materially injuring,
or threatening material injury to, a U.S. industry.\38\ A negative ITC
determination for either country will result in the investigation being
terminated with respects to that country.\39\ Otherwise, these LTFV
investigations will proceed according to statutory and regulatory time
limits.
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\38\ See section 733(a) of the Act.
\39\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires;
[[Page 12357]]
(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 \40\ 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.\41\ 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.
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\40\ See 19 CFR 351.301(b).
\41\ See 19 CFR 351.301(b)(2).
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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 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.\42\ 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.\43\
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\42\ 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>.
\43\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\44\ See section 782(b) of the Act.
\45\ 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>.
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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).\46\
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\46\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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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: March 9, 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 subject to these investigations is certain fatty
acids, which are organic acids made of a hydrocarbon chain with a
carboxylic acid group (i.e., an organic acid that contains a
carboxyl group (-C(=O)-OH) attached to an R-group, sometimes also
written as R-COOH, R-C(O)OH, or R-CO<INF>2</INF>H) at one end with a
carbon chain length (i.e., the number of carbon atoms in the fatty
acid chain) of C6, C8, C10, C12, C14, C16, or C18, with an iodine
value below 105 g/100 g and with a ratio of free fatty acids to
triglycerides (also known as the ``degree of split'' or DoS) of at
least 97 percent, including single fatty acid (also referred to as
``pure cut''), and blends containing a combination of two or more
carbon chain lengths.
Certain fatty acids covered by the scope range in physical form
from low viscosity liquids to solids. Certain fatty acids are
covered by the scope of these investigations irrespective of whether
they have gone through a distillation process and regardless of acid
content, reactivity, functionality, freeze stability, heat
stability, physical form, viscosity, grade, purity, molecular
weight, or packaging.
Certain fatty acids may contain additives, such as catalysts,
solvents, antioxidants, fire retardants, colorants, pigments,
diluents, thickeners, fillers, softeners, and toughening agents.
[[Page 12358]]
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 certain fatty acids that are commingled
or blended with certain fatty acids from sources not subject to
these investigations. Only the subject component of such commingled
products is covered by the scope of these investigations.
Certain fatty acids covered by the scope are also commonly
called pure, pure cut, fractionated, or distilled fatty acid or
mixed, mixed cut, or blended fatty acid, with the terms pure, pure
cut, fractionated, and distilled typically referring to specific
single-chain fatty acids that have been separated from a mixed
natural source such as animal fat or vegetable oil using processes
like hydrolysis (the breakdown of fat molecules by water, catalyzed
by acid, base, or enzymes (lipases) to yield glycerol and free fatty
acids), distillation, and crystallization, and the terms mixed or
mixed cut referring to combinations, blends or mixtures of different
single-chain fatty acids also derived from a natural source such as
animal fat or vegetable oil using processes like hydrolysis,
distillation, and crystallization. Common names for pure, pure cut,
fractionated, or distilled fatty acids forms include stearic acid
and oleic acid. Common names for mixed or mixed cut fatty acids
include coconut fatty acid, hardened coconut fatty acid, topped
coconut fatty acid, topped hardened coconut fatty acid, palm kernel
fatty acid, hardened palm kernel fatty acid, topped palm kernel
fatty acid, topped hardened palm kernel fatty acid, palm fatty acid,
palm stearin fatty acid, palm fatty acid distillate, and palm olein
fatty acid.
Certain fatty acids covered by the scope are normally associated
with Chemical Abstracts Service (CAS) registry numbers 57-11-4, 112-
80-1, 61790-38-3, 67701-05-7, 67701-06-8, 67707-01-3, 68938-15-8,
101403-98-9, 91771-90-3, 90990-15-1, 68440-15-3, 84238-17-5, 98106-
68-4, 98106-66-2, 90990-08-1, and 90990-08-2 but several others may
also be used.
Specifically excluded from the scope are certain fatty acids
containing 90 percent or more, by weight, of fatty acids with carbon
chain lengths of C6, C8, or C10 (or any combination thereof). The
scope also does not include mixtures of certain fatty acids with
other materials, when the combined certain fatty acids component
comprises less than 80 percent of the total weight of the mixture.
The merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
2915.70.0110, 2915.70.0120, 2915.70.0150, 2915.90.1010,
2915.90.1050, 2916.15.1000, 2916.15.5100, 3823.11.0000,
3823.12.0000, 3823.19.2000, and 3823.19.4000 and may also enter
under 3824.99.4190.
The HTSUS subheadings set forth above are provided for
convenience and customs purposes only. The written description of
the scope is dispositive.
[FR Doc. 2026-04944 Filed 3-12-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 13, 2026.
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