Notice2026-06450
Oleoresin Paprika From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
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
April 2, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that oleoresin paprika from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 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 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Notices]
[Pages 16636-16639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06450]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-938]
Oleoresin Paprika From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, 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 oleoresin paprika from India is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is April 1, 2024, through March 31, 2025.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable April 2, 2026.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Elizabeth Talbot
Russ, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1678
or (202) 482-5516, 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). Commerce
published the notice of initiation of this investigation on July 22,
2025.\1\ Based on the petitioner's request,\2\ on January 27, 2026,
Commerce postponed the preliminary determination, pursuant to section
733(c)(1)(A) of the Act and 19 CFR 351.205(e).\3\ Due to the lapse in
appropriations and Federal Government shutdown, on November 14, 2025,
Commerce tolled all deadlines in administrative proceedings by 47
days.\4\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's
[[Page 16637]]
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.\5\ As a result, the revised deadline for this
proceeding is now March 30, 2026.
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\1\ See Oleoresin Paprika from India: Initiation of Less-Than-
Fair-Value Investigation, 90 FR 34419 (July 22, 2025) (Initiation
Notice).
\2\ See Petitioner's Letter, ``Request for Extension of the
Preliminary Determination,'' dated January 14, 2026.
\3\ See Oleoresin Paprika from India: Postponement of
Preliminary Determination in the Less-Than-Fair-Value Investigation,
91 FR 3434 (January 27, 2026).
\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ 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 Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Oleoresin Paprika from India,'' 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 oleoresin paprika from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\7\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\8\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ See Initiation Notice.
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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. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Mane Kancor and Synthite that are not zero,
de minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\9\
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\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the All-Others Rate Calculation Memorandum.
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Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for Mane Kancor, Synthite, and all other producers/exporters. For a
full description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\10\ See Memorandum, ``Preliminary Determination Calculations
for Mane Kancor,'' dated January 29, 2026.
\11\ See Memorandum, ``Preliminary Determination Calculations
for Synthite Industries Pvt. Ltd,'' dated January 29, 2026.
\12\ See Memorandum, ``Calculation of Subsidy Rate for All
Others,'' dated January 29, 2026.
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Cash deposit
Weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offset(s))
(percent) (percent)
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Mane Kancor Ingredients Private Ltd.\10\ 3.33 0.00
Synthite Industries Pvt. Ltd.\11\....... 5.66 0.00
All Others \12\......................... 4.60 0.00
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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 entries 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. 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 estimated weighted
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed
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above will be equal to the company-specific estimated weighted-average
dumping margins determined in this preliminary determination; (2) if
the exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise, except as explained below; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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 the 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. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\13\ 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.\14\
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\13\ 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).
\14\ See 19 CFR 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.\15\ 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ 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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and 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. Section 351.210(e)(2) of Commerce's regulations
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 March 18, 2026, pursuant to 19 CFR 351.210(e), Mane Kancor and
Synthite requested that Commerce postpone the final determination and
that provisional measures be extended to a period not to exceed six
months.\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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\17\ See Mane Kancor's and Synthite's Letter, ``Mane Kancor's
and Synthite's Request to Postpone Final Determination,'' dated
March 18, 2026.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. 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 these imports are materially injuring, or
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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 30, 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 merchandise covered by the scope of this investigation is
the coloring additive oleoresin paprika. Oleoresin paprika is a
viscous, highly colored liquid in various shades of red or orange
made from the extract of Capsicum peppers. Covered merchandise
includes all oleoresin paprika, regardless of pepper variety, with
an American Spice Trade Association (ASTA) value of at least 500 or
a color unit (CU) value of at least 20,000 as determined by
spectrophotometric measurement. The Chemical Abstracts Service (CAS)
Registry numbers for oleoresin paprika are 68917-78-2 and 84625-29-
6; the Center for Food Safety and Applied Nutrition (CFSAN) number
is 977006-45-3; the Flavoring Extract Manufacturers' Association
(FEMA) number is 2834; and the E number is E160c. Subject oleoresin
paprika may also be referred to by other product names, including,
but not limited to, paprika oleoresin, oleoresin of paprika, paprika
extract, extract of paprika, paprika oil, or paprika essential oil.
Subject oleoresin paprika may be blended with oil or water prior
to importation or may be imported in its crude or unstandardized
form. Subject oleoresin paprika may also be blended with emulsifiers
or preservatives. The scope includes all oleoresin paprika meeting
the specifications above regardless of whether or not blended with
or soluble in oil or water, and regardless of weight, pungency,
quality, solvent content, or additives. Further, the scope includes
crude or unstandardized oleoresin paprika that has been blended,
finished, packaged, or otherwise processed in a third country, if
the blending, finishing, packaging, or processing performed would
not otherwise remove the merchandise from the scope. Oleoresin
paprika that is otherwise subject to this investigation is not
excluded when commingled with oleoresin paprika from sources not
subject to this investigation, or when commingled with other
oleoresins. Only the subject component of such commingled products
is covered by the scope of this investigation.
The merchandise subject to this investigation is classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 3203.00.8000 and 3301.90.1010. Subject merchandise may
also enter under HTSUS subheading 1301.90.9190, 1302.19.9140, and
3205.00.0500. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
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. Preliminary Negative Determination of Critical Circumstances
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2026-06450 Filed 4-1-26; 8:45 am]
BILLING CODE 3510-DS-P
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