Notice2026-04945
Certain Fatty Acids From Indonesia and Malaysia: Initiation of Countervailing Duty Investigations
Primary source
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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 12342-12346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04945]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-849, C-557-835]
Certain Fatty Acids From Indonesia and Malaysia: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 9, 2026.
FOR FURTHER INFORMATION CONTACT: Paul Kebker at (202) 482-2254
(Indonesia)
[[Page 12343]]
and Rachel Accorsi at (202) 482-3149 (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 countervailing duty (CVD) petitions concerning imports of
certain fatty acids (fatty acids) from Indonesia and Malaysia filed in
proper form on behalf of Vantage Specialty Chemicals, Inc. (the
petitioner), a domestic producer of certain fatty acids.\1\ The CVD
Petitions were accompanied by antidumping duty (AD) 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 27, 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 CVD Supplemental
Questionnaires: Indonesia CVD Supplemental and Malaysia CVD
Supplemental, dated February 6, 2026; ``Supplemental Questions,''
dated February 13, 2026 (Second General Issues Questionnaire); and
``Second Supplemental Questionnaire,'' dated February 26, 2026
(Second Indonesia CVD 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 CVD Supplemental Responses: Malaysia CVD Supplement
and Indonesia CVD Supplement respectively, dated February 10 and 12,
2026; ``Response to Second General Issues Supplemental Questions,''
dated February 18, 2026 (Second General Issues Supplement); and
``Second Amendment to Countervailing Duty Petition: Volume IV--
Information Related to Indonesia--Countervailing Duties,'' dated
February 27, 2026 (Second Indonesia CVD 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
702(c)(4)(D) of the Tariff Act of 1930, as amended (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 . . . .'' \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 702(b)(1) of the Act, the petitioner
alleges that the Government of Indonesia (GOI) and the Government of
Malaysia (GOM) are providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of fatty
acids in Indonesia and Malaysia and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing fatty acids in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, 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 with respect to
the initiation of the requested CVD 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, the POI for
the Indonesia and Malaysia CVD investigations is January 1, 2025,
through December 31, 2025.\7\
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\7\ See 19 CFR 351.204(b)(2).
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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 30 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.\8\ Between February 3 and 26, 2026, the petitioner
provided clarifications and/or revised the scope.\9\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\8\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire and February
26, 2026, Scope Memorandum.
\9\ 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).\10\ 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.\11\ 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.\12\ 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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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ 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 the
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
[[Page 12344]]
of the concurrent AD 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.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ 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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI and the GOM of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\14\ Commerce held consultations with the GOI on March 4,
2026.\15\ The GOM did not request consultations.
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\14\ See Commerce's Letters, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated January 28 and 29,
2026.
\15\ See Memorandum, ``Consultations with the Government of
Indonesia,'' dated March 4, 2026.
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Additionally, given the nature of certain subsidy programs alleged
in the Indonesia and Malaysia CVD Petitions, on January 28, 2026,
Commerce issued a letter to the Government of the People's Republic of
China (China), providing the Government of China the opportunity to
meet with Commerce officials.\16\ The Government of China did not
request to meet with Commerce officials, but filed written
comments.\17\
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\16\ See Commerce's Letter, ``Alleged Transnational Subsidy
Programs'' dated January 29, 2026.
\17\ See Government of China's Letters, ``Comments on CVD
Petition on Certain Fatty Acids from Malaysia: Alleged Transnational
Subsidy Programs (C-557-835),'' dated February 11, 2026; and
``Comments on CVD Petition on Certain Fatty Acids from Indonesia:
Alleged Transnational Subsidy Programs (C-560-849),'' dated February
11, 2026.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\18\ 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.\19\
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\18\ See section 771(10) of the Act.
\19\ 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 the investigations.\20\ Based on our analysis of the information
submitted on the record, we have determined that fatty acids, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\21\
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\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Certain Fatty Acids from the Indonesia and Malaysia,''
dated concurrently with, and hereby adopted by, this notice
(Country-Specific CVD Initiation Checklists), 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.
\21\ For further discussion, see Attachment II of the Country-
Specific CVD 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 702(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 . . . .'' \22\ On February
13, 2026, we issued polling questionnaires to all known U.S. producers
identified in the Petitions.\23\ 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.\24\
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\22\ See Initiation Extension Notice.
\23\ See Commerce's Letter, ``Polling Questionnaire,'' dated
February 13, 2026.
\24\ Id. For information and analysis of the responses received,
see Attachment II of the Country-Specific CVD 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.\25\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\26\
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\25\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\26\ Id.
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Injury Test
Because Indonesia and Malaysia are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
Indonesia and/or
[[Page 12345]]
Malaysia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from Indonesia and Malaysia individually
exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\27\
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\27\ For further discussion, see Country-Specific CVD 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.\28\ 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.\29\
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\28\ Id.
\29\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of fatty acids from Indonesia and Malaysia benefit from
countervailable subsidies conferred by the GOI and the GOM,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of this initiation.
Indonesia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 16 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Indonesia CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Malaysia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 18 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Malaysia CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
Indonesia and Malaysia
In the Petitions, the petitioner identified 23 companies in
Indonesia and 16 companies in Malaysia.\30\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in the investigations. Following standard
practice in CVD investigations, in the event Commerce determines that
the number of companies is large, and it cannot individually examine
each company based upon Commerce's resources, where appropriate,
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) subheading(s)
listed in the ``Scope of the Investigations,'' in the appendix.
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\30\ See Petitions at Volume I (page 13 and Exhibits I-12
through I-13); see also First General Issues Supplement at 1-2 and
Exhibit I-12-Supp-1 through 1-12-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 days of the publication
date of the notice of initiation of these investigations.\31\ 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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\31\ 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 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOI and GOM 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 its initiation, as required by
section 702(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.\32\ A negative ITC
determination for either country will result in the investigation being
terminated with respect to that country.\33\ Otherwise, these CVD
investigations will proceed according to statutory and regulatory time
limits.
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\32\ See section 703(a)(1) of the Act.
\33\ 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; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production 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 \34\ 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.\35\ Time limits for the submission of factual
information are
[[Page 12346]]
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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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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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.\36\ 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.\37\
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\36\ See 19 CFR 351.302.
\37\ 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>.
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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.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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 letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\40\
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\40\ 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 702 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.
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, 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. 2026-04945 Filed 3-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 13, 2026.
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