Notice2026-09830
Tris(hydroxymethyl)aminomethane From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
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
May 18, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 95 (Monday, May 18, 2026)</title>
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[Federal Register Volume 91, Number 95 (Monday, May 18, 2026)]
[Notices]
[Pages 28566-28570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09830]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-230]
Tris(hydroxymethyl)aminomethane From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 11, 2026.
FOR FURTHER INFORMATION CONTACT: Monica Gillis, Office V, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6384.
SUPPLEMENTARY INFORMATION:
The Petition
On April 21, 2026, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
Tris(hydroxymethyl)aminomethane (Tris) from the People's Republic of
China (China), filed in proper form on behalf of Advancion Corporation
(the petitioner), a domestic producer of Tris.\1\ The AD Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of Tris from China.\2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated April 21, 2026
(Petition).
\2\ Id.
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Between April 27 and May 5, 2026, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ Between April 30 and May 6, 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 April 27, 2026 (First General Issues
Questionnaire); ``Supplemental Questions,'' dated April 28, 2026
(First China AD Supplemental Questionnaire); ``Second General Issues
Supplemental Questions,'' dated May 1, 2026 (Second General Issues
Questionnaire); ``Second Supplement Questions,'' dated May 4, 2026
(Second China AD Supplemental Questionnaire); and ``Third General
Issues Supplemental Questions,'' dated May 5, 2026 (Third General
Issues Questionnaire).
\4\ See Petitioner's Letters, ``Petitioner's First Supplement to
Volume I Relating to Request for the Imposition of Antidumping and
Countervailing Duties on Imports from China,'' dated April 30, 2026
(First General Issues Supplement); ``Petitioner's Response to the
Department's Supplemental Questionnaire Regarding the Petition for
the Imposition of Antidumping Duties on Imports from China,'' dated
May 1, 2026 (China AD Supplement); ``Petitioner's Second Supplement
to Volume I Relating to Request for the Imposition of Antidumping
and Countervailing Duties on Imports from China,'' dated May 4, 2026
(Second General Issues Supplement); ``Petitioner's Response to the
Department's 2nd Supplemental Questionnaire Regarding the Petition
for the Imposition of Antidumping Duties on Imports from China,''
dated May 5, 2026 (Second China AD Supplement); and ``Petitioner's
Third Supplement to Volume I Relating to Request for the Imposition
of Antidumping and Countervailing Duties on Imports from China,''
dated May 6, 2026 (Third General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of Tris from
China 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 Tris industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition 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 investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation (POI)
Because the Petition was filed on April 21, 2026, and because China
is a non-market economy (NME) country pursuant to 19 CFR 351.204(b)(1),
the POI for the LTFV investigation is October 1, 2025, through March
31, 2026.
Scope of the Investigation
The product covered by this investigation is Tris from China. For a
full description of the scope of this investigation, see the appendix
to this notice.
Comments on the Scope of the Investigation
Between April 27 and May 5, 2026, Commerce requested information
and clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ Between April 30 and May 6, 2026, the petitioner provided
clarifications and revised the scope.\7\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire; and Third General Issues
Questionnaire.
\7\ See First General Issues Supplement at 3-5; see also Second
General Issues Supplement at 2-3; and Third General Issues
Supplement at 2-3 and Exhibit GEN-SUPP3-1.
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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).\8\ Commerce will consider
[[Page 28567]]
all scope comments received from interested parties and, if necessary,
will consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information, all such factual information should be limited to public
information.\9\ 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 June 1, 2026, which is the next business day after 20 calendar
days from the signature date of this notice.\10\ 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 June 11, 2026,
which is 10 calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ The deadline for scope comments falls on May 31, 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, June 1, 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 this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation 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.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ 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">https://access.trade.gov/help</a> and a handbook can be
found at <a href="https://access.trade.gov/ACCESS%20Handbook%20on%20Electronic%20Filing%20Procedures_March2026.pdf">https://access.trade.gov/ACCESS%20Handbook%20on%20Electronic%20Filing%20Procedures_March2026.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 Tris 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 factors of production (FOP) accurately,
as well as to develop appropriate product comparison criteria.
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 June 1, 2026,
which is the next business day after 20 calendar days from the
signature date of this notice.\12\ Any rebuttal comments must be filed
by 5:00 p.m. ET on June 11, 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 the LTFV investigation.
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\12\ The deadline for product characteristics comments falls on
May 31, 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,
June 1, 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 Petition
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,\13\ 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.\14\
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\13\ See section 771(10) of the Act.
\14\ 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 investigation.\15\ Based on our analysis of
[[Page 28568]]
the information submitted on the record, we have determined that Tris,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\16\
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\15\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Tris(hydroxymethyl)aminomethane from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(China AD Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Tris(hydroxymethyl)aminomethane from the People's
Republic of China (Attachment II). This checklist is on file
electronically via ACCESS.
\16\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own 2025 production of the domestic like product and compared this to
estimated total production of the domestic like product by the U.S.
Tris industry.\17\ We relied on data provided by the petitioner for
purposes of measuring industry support.\18\
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\17\ Id.
\18\ Id.
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On May 4, 2026, we received timely filed comments on industry
support from Suzhou Yacoo Science Co., Ltd. (Yacoo), a Chinese producer
of Tris.\19\ On May 5, 2026, the petitioner responded to the comments
from Yacoo in a timely filed rebuttal submission.\20\
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\19\ See Yacoo's Letter, ``Petition Sufficiency Comments,''
dated May 4, 2026.
\20\ See Petitioner's Letter, ``Petitioner's Response to Suzhou
Yacoo Science Co., Ltd.'s Comments on Petition Sufficiency,'' dated
May 5, 2026 (Petitioner's Response).
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Our review of the data provided in the Petition, the First General
Issues Supplement, Petitioner's Response, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petition.\21\ First, the Petition established
support from domestic producers (or workers) accounting for more than
50 percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\22\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\23\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for 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.\24\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.\25\
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\21\ See Attachment II of the China AD Initiation Checklist.
\22\ Id.; see also section 732(c)(4)(D) of the Act.
\23\ See Attachment II of the China AD Initiation Checklist.
\24\ Id.
\25\ 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.\26\
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\26\ For further discussion, see China AD Initiation Checklist
at Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Tris(hydroxymethyl)aminomethane from the People's
Republic of China.
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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; lost sales and revenues; underselling and price
depression and suppression; decline in production and capacity
utilization; and negative impact on financial performance.\27\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\28\
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\27\ Id.
\28\ 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 investigation
of imports of Tris from China. The sources of data for the deductions
and adjustments relating to U.S. price and normal value (NV) are
discussed in greater detail in the China AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
Tris produced in China and sold or offered for sale in the U.S.
market.\29\ The petitioner made certain adjustments to U.S. price to
calculate a net ex-factory U.S. price, where applicable.\30\
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\29\ See China AD Initiation Checklist.
\30\ Id.
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Normal Value
Commerce considers China to be an NME country.\31\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the LTFV investigation. Accordingly, we
base NV on FOPs valued in surrogate market economy countries in
accordance with section 773(C) of the Act.
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\31\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Brazil, Malaysia, and the Republic of
T[uuml]rkiye (T[uuml]rkiye) are appropriate surrogate countries for
China because they are market economy countries that are at a level of
economic development comparable to that of China and are a significant
producers of comparable merchandise.\32\ The petitioner provided
publicly available information from Brazil, Malaysia, and T[uuml]rkiye
to value all FOPs.\33\ Based on the information provided by the
petitioner, we believe it is appropriate to use Brazil, Malaysia, and
T[uuml]rkiye as surrogate countries for China to value all FOPs for
initiation purposes.
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\32\ See China AD Initiation Checklist.
\33\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Brazilian, Malaysian, and Turkish producers/exporters were not
reasonably available, the petitioner used its own production experience
and product-specific consumptions rates as a surrogate to value the
Chinese
[[Page 28569]]
manufacturers' FOPs.\34\ Additionally, for China, the petitioner
calculated factory overhead, SG&A, and profit based on the experiences
of Brazilian, Malaysian, and Turkish producer of comparable
merchandise.\35\
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\34\ Id.
\35\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of Tris from China are being, or are likely to be,
sold in the United States at LTFV. Based on comparisons of EP or NV in
accordance with sections 772 and 773 of the Act, after accounting for
certain revisions made by Commerce, the estimated dumping margins for
Tris from China covered by this initiation range from (1) China (Brazil
surrogate)--114.26 to 303.53 percent; (2) China (Malaysia surrogate)--
155.99 to 372.20 percent; (3) China (T[uuml]rkiye surrogate)--53.39 to
167.04 percent.\36\
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\36\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of Tris from China 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 determination no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petition, the petitioner identified 16 companies in China as
producers and/or exporters of Tris.\37\ Our standard practice for
respondent selection in an AD investigation involving an NME country is
to select respondents based on quantity and value (Q&V) questionnaires
in cases where Commerce has determined that the number is large, and it
cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and/or exporters
identified in the Petition, Commerce will solicit Q&V information that
can serve as a basis for selecting exporters for individual examination
in the event that Commerce determines that the number is large and
decides to limit the number of respondents individually examined
pursuant to section 777A(c)(2) of the Act. Given the number of
producers and/or exporters identified in the Petition, Commerce has
determined that it will issue Q&V questionnaires to each potential
respondent for which there is complete address information on the
records.
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\37\ See Petition at Volume I (page 8 and Exhibit GEN-4); see
also First General Issues Supplement at 2-3.
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Commerce will post the Q&V questionnaires along with filing
instruction on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-qv-questionnaire">https://www.trade.gov/ec-adcvd-qv-questionnaire</a>. Producers/exporters of Tris from China that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire may be submitted
by the relevant Chinese producers/exporters no later than 5:00 p.m. ET
on May 26, 2026, which is the next business day after two weeks from
the signature date of this notice.\38\ All Q&V questionnaire responses
must be filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by ACCESS no
later than 5:00 p.m. ET on the deadline noted above.
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\38\ The deadline for Q&V responses falls on May 25, 2026, which
is a federal holiday. 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, May 26, 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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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above. 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>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications">https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications</a>. Note that
Commerce recently promulgated new regulations pertaining to separate
rates, including the separate rate application deadline and eligibility
for separate rate status, in 19 CFR 351.108.\39\ Pursuant to 19 CFR
351.108(d)(1), the separate rate application will be due 21 days after
publication of this initiation notice.\40\ Exporters and producers must
file a timely separate rate application if they want to be considered
for individual examination. In addition, pursuant to 19 CFR 351.108(e),
exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they fully respond to
all parts of Commerce's AD questionnaire and participate in the LTFV
proceeding as mandatory respondents.\41\ Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\39\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\40\ See 19 CFR 351.108(d)(1).
\41\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\42\
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\42\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0">https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0</a>.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To
[[Page 28570]]
the extent practicable, we will attempt to provide a copy of the public
version of the Petition to each exporter named in the Petition, 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 Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of Tris from China are materially injuring, or
threatening material injury to, a U.S. industry.\43\ A negative ITC
determination will result in the investigation being terminated.\44\
Otherwise, this LTFV investigation will proceed according to statutory
and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ 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 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 \45\ 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.\46\ 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 this investigation.
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\45\ See 19 CFR 351.301(b).
\46\ 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.\47\ 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 this investigation.\48\
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\47\ 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>.
\48\ 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.\49\
Parties must use the certification formats provided in 19 CFR
351.303(g).\50\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</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 this investigation 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).\51\
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\51\ 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: May 11, 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 Investigation
The merchandise subject to this investigation is
tris(hydroxymethyl)aminomethane (Tris), also commonly referred to as
tromethamine or THAM, and its derivative,
tris(hydroxymethyl)aminomethane hydrochloride (Tris HCl), also
commonly referred to as Tris hydrochloride or tromethamine HCl. Tris
and Tris HCl are organic compounds with molecular compositions of
C<INF>4</INF>H<INF>11</INF>NO<INF>3</INF> and
C<INF>4</INF>H<INF>11</INF>NO<INF>3</INF>[middot]ClH, respectively.
The scope includes all grades, purities, and forms of Tris and Tris
HCl, which vary based on the raw materials (nitromethane and
formaldehyde) used in the production process and the end use
application required. Tris and Tris HCl are packaged and sold in
different forms and sizes; however, all Tris and Tris HCl are
covered regardless of form or packaging. The Tris and Tris HCl
covered by this investigation are chemical compounds with the
Chemical Abstract Service (CAS) numbers 77-86-1 and 1185-53-1,
respectively. The country of origin of the subject merchandise in
this investigation is based on the country where the Tris molecule
is manufactured. As a result, Tris HCl manufactured in a third
country using Tris produced in China is subject to the
investigation. In addition, reprocessing Tris or Tris HCl in a third
country by, for example, recrystallizing, retesting, or repackaging
the merchandise does not remove the product from the scope of this
investigation. Tris and Tris HCl covered by the scope of this
investigation are currently classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheading 2922.19.9690.
Although the HTSUS subheading and CAS numbers are provided for
convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2026-09830 Filed 5-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 18, 2026.
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