L-Lysine From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
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Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-767 and 731-TA-1750 (Final) pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of animal feed-grade l-lysine from China, provided for in subheading 2922.41.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Notices]
[Pages 16967-16968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06529]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-767 and 731-TA-1750 (Final)]
L-Lysine From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-767 and 731-TA-1750 (Final) pursuant to the Tariff Act of 1930
to determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
imports of animal feed-grade l-lysine from China, provided for in
subheading 2922.41.00 of the Harmonized Tariff Schedule of the United
States, preliminarily determined by the Department of Commerce
(``Commerce'') to be subsidized and sold at less-than-fair-value.
DATES: March 6, 2026.
FOR FURTHER INFORMATION CONTACT: Caitlyn Costello ((202) 205-2058),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``. . . animal feed grade L-lysine (lysine).
Lysine is an essential amino acid added to animal feed that is used in
the biosynthesis of proteins. The scope covers lysine regardless of
form, including lysine monohydrochloride, also referred to as lysine
HCL, lysine sulfate, and liquid lysine. The scope includes lysine that
has been coated or encapsulated for use with ruminants to ensure
bioavailability.
Lysine HCL in the dry form has the molecular formula C<INF>6</INF>
H<INF>14</INF> N<INF>2</INF> O<INF>2</INF> HCl. The Chemical Abstracts
Service (CAS) registry number for lysine HCL is 657-27-2. Lysine HCL
contains a minimum of 78 percent lysine by weight, as well as
additional amino acids, carbohydrates, mineral salts, and organic
acids. Lysine sulfate is the sulfate salt of lysine, and in the dry
form it has the molecular formula C<INF>6</INF> H<INF>16</INF>
N<INF>2</INF> O<INF>6</INF> S. The CAS registry number for lysine
sulfate is 60343-69-3. Lysine sulfate typically contains approximately
40-70 percent lysine by weight, as well as additional amino acids,
carbohydrates, mineral salts, and organic acids. Liquid lysine is a
concentrated form of lysine in an aqueous solution with the molecular
formula C<INF>6</INF> H<INF>14</INF> N<INF>2</INF> O<INF>2</INF>. The
CAS registry number for liquid lysine is 56-87-1. Liquid lysine
normally contains at least 50 percent lysine by weight, as well as
additional amino acids, carbohydrates, mineral salts, and organic
acids.
The scope includes animal feed grade lysine that is combined with
other products, including for example, by mixing, blending,
compounding, or granulating (e.g., base mixes, premixes, and
concentrates). For such combined products, only the lysine component is
covered by the scope of this investigation.
Subject merchandise also includes lysine that has been processed in
a third country, including by commingling, diluting, adding or removing
additives, refining, converting from liquid to dry or dry to liquid
form, coating or encapsulating, or performing any processing that would
not otherwise remove the merchandise from the scope of the
investigation if performed in the subject country . . .''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of animal feed-grade l-lysine, and that such
products are being sold in the United States at less than fair value
within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on May 28, 2025, by
Archer Daniels Midland Company, Chicago, IL (``ADM''), CJ Bio America,
Inc. an Iowa corporation (``CJ America''), and Evonik Corporation,
Piscataway, NJ (``Evonik'').
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to
[[Page 16968]]
participate in the final phase of these investigations as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11 of the Commission's rules, no later than 21
days prior to the hearing date specified in this notice. A party that
filed a notice of appearance during the preliminary phase of the
investigations need not file an additional notice of appearance during
this final phase. The Secretary will maintain a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to the investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on June 30,
2026, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
July 14, 2026. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Thursday,
July 9, 2026. Any requests to appear as a witness via videoconference
must be included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3:00
p.m. the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Friday,
July 10, 2026. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on July 13, 2026. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is July 7, 2026. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is July 22, 2026. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before July 22, 2026. On August 11, 2026, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before August 13, 2026, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: April 1, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-06529 Filed 4-2-26; 8:45 am]
BILLING CODE 7020-02-P
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