Notice2026-09831
Tris(hydroxymethyl)aminomethane From the People's Republic of China: Initiation of Countervailing Duty 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 28559-28562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09831]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-231]
Tris(hydroxymethyl)aminomethane From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 11, 2026.
FOR FURTHER INFORMATION CONTACT: Shane Subler, Office VIII, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6241.
SUPPLEMENTARY INFORMATION:
The Petition
On April 21, 2026, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) 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 CVD Petition was
accompanied by an antidumping duty (AD) 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 27, 2026
(First China CVD Supplemental Questionnaire); ``Second General
Issues Supplemental Questions,'' dated May 1, 2026 (Second General
Issues 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 Supplement to
Volume III of the Petition Requesting the Imposition of
Countervailing Duties,'' dated April 30, 2026 (First China CVD
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); 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 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of the
People's Republic of China (GOC) is providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of Tris from China, and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing Tris 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 a CVD investigation, 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 with respect to
the initiation of the requested CVD 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, the POI is
January 1, 2025, through December 31, 2025.\6\
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\6\ See 19 CFR 351.204(b)(2).
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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.\7\ Between April 30 and May 6, 2026, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire; and Third General Issues
Questionnaire.
\8\ 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).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information, all such factual information should be limited to public
information.\10\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public
[[Page 28560]]
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.\11\
Any rebuttal comments, which may include factual information, and
should also be limited to public information, must be filed by 5:00
p.m. ET on June 11, 2026, which is 10 calendar days from the initial
comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for 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
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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help">https://access.trade.gov/help</a> and a handbook can be
found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures_March2026.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures_March2026.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\13\ The GOC
did not request consultations.
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\13\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated April 21, 2026.
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Determination of Industry Support for the Petition
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,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of 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.\17\
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\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Tris(hydroxymethyl)aminomethane from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(China CVD 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.
\17\ For further discussion, see Attachment II of the China CVD
Initiation Checklist.
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In determining whether the petitioner has standing under section
702(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 production of the domestic like product in 2025 and compared this
to the estimated total production for the domestic like product by the
U.S. Tris industry.\18\
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\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
[[Page 28561]]
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 702(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 702(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 702(b)(1) of the Act.\25\
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\21\ See Attachment II of the China CVD Initiation Checklist.
\22\ Id.; see also section 702(c)(4)(D) of the Act.
\23\ See Attachment II of the China CVD Initiation Checklist.
\24\ Id.
\25\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China 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 China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\26\
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\26\ See Petitions at Volume I (page 11 and Exhibit GEN-8).
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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\ 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.
\28\ Id.
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of Tris from China benefit from countervailable
subsidies conferred by the GOC. In accordance with section 703(b)(1) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the China CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identified 16 companies in
China.\29\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in the
investigation. 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 listed in the ``Scope of the Investigation,''
in the appendix.
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\29\ See Petition at Volume I (page 8 and Exhibit GEN-4); see
also First General Issues Supplement at 2-3.
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On May 8, 2026, Commerce released CBP data on imports of Tris from
China 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 this investigation.\30\ 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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\30\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated May 8, 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 a Copy of the Petition
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 Petition has been
provided to the GOC via ACCESS. To 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 its initiation, as required by
section 702(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.\31\ A negative ITC
determination will result in the investigation being terminated.\32\
Otherwise, this CVD investigation will proceed according to statutory
and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ 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)
[[Page 28562]]
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 \33\ 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.\34\ 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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\33\ See 19 CFR 351.301(b).
\34\ 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.\35\ 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.\36\
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\35\ See 19 CFR 351.302.
\36\ 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.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ 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://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 letters of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\39\
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\39\ 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: 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. 2026-09831 Filed 5-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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