Oleoresin Paprika From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

Issuing agencies

Abstract

The U.S. Department of Commerce (Commerce) determines that oleoresin paprika from India is being, or 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.

Full Text

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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Notices]
[Pages 54302-54304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17047]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-938]


Oleoresin Paprika From India: Final Affirmative Determination of 
Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
oleoresin paprika from India is being, or 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.

DATES: Applicable August 21, 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

    On April 2, 2026, Commerce published in the Federal Register its 
Preliminary Determination in the LTFV investigation of oleoresin 
paprika from India.\1\ A summary of the events that occurred since 
Commerce published the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Dury Centralized Electronic Service System (ACCESS), 
which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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    \1\ See 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, 91 FR 16636 
(April 2, 2026) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Oleoresin Paprika from India,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and 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

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation from 
that published in the Preliminary Determination for the final 
determination.

[[Page 54303]]

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in April through June 2026, we conducted verifications of 
the sales and cost information submitted by the mandatory respondents, 
Synthite Industries Pvt. Ltd. (Synthite) and Mane Kancor Ingredients 
Private Ltd. (Mane Kancor), for use in the final determination.\3\ We 
conducted the verifications using standard verification procedures, 
which included an examination of relevant sales and accounting records, 
and original source documents provided by Synthite and Mane Kancor.
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    \3\ See Memoranda, ``Sales Verification Report for Synthite 
Industries Pvt. Ltd,'' dated June 23, 2026; ``Sales Verification 
Report for Mane Kancor Ingredients Private Limited,'' dated June 23, 
2026; ``Verification of the Cost Response of Synthite Industries 
Private Limited,'' dated July 6, 2026; and ``Verification of the 
Cost Responses of Mane Kancor Ingredients Private Limited,'' dated 
July 6, 2026.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    We made certain changes to the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Export price is calculated in accordance with 
section 772(a) of the Act. Normal value is calculated in accordance 
with section 773 of the Act.

All-Others Rate

    Section 735(c)(5)(A) of the Act provide that Commerce shall 
determine an estimated weighted-average dumping margin for all 
exporters and producers not individually examined, i.e., the all-others 
rate.\4\ 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 zero and 
de minimis margins, and margins determined entirely under section 776 
of the Act.
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    \4\ See 19 CFR 351.109(f).
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    In this investigation, Commerce calculated weighted-average dumping 
margins for Synthite and Mane Kancor that are not zero, de minimis, or 
based entirely on facts otherwise available. Therefore, Commerce 
calculated the all-others rate using a weighted average of the 
weighted-average dumping margins calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\5\
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    \5\ 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 Comment 1. 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 Memorandum, ``All-Others Rate Calculation,'' dated concurrently 
with this notice.
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Final Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce determines 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 Issues and Decision Memorandum.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the POI, April 1, 2024, through March 31, 
2025:

------------------------------------------------------------------------
                                                      Cash deposit rate
                                Weighted-average        (adjusted for
      Exporter/producer          dumping margin      subsidy offset(s))
                                    (percent)             (percent)
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Synthite Industries Pvt. Ltd                  5.78                  0.00
Mane Kancor Ingredients                       4.24                  0.00
 Private Ltd................
All Others..................                  5.08                  0.00
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of its public announcement, or if there is no public announcement, 
within five days of the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
April 2, 2026, the date of publication of the Preliminary Determination 
in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, 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 above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this final 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; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.

[[Page 54304]]

    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) investigation. Accordingly, because Commerce 
made an affirmative final determination for countervailable export 
subsidies,\6\ Commerce has offset the estimated weighted-average 
dumping margin by the appropriate export subsidy rate. Any such 
adjusted cash deposit rate may be found in the ``Final Determination'' 
section above. However, suspension of liquidation of provisional 
measures in the companion CVD case has been discontinued; \7\ 
therefore, we are not instructing CBP to collect cash deposits based 
upon the adjusted estimated weighted-average dumping margin for those 
export subsidies at this time. These suspension of liquidation 
instructions and cash deposit requirements will remain in effect until 
further notice.
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    \6\ See Oleoresin Paprika from India: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative Critical 
Circumstances Determination, In Part, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 91 FR 5427 
(February 6, 2026) (Oleoresin Paprika from India CVD Prelim).
    \7\ See Oleoresin Paprika from India CVD Prelim; see also 
section 703(d) of the Act, which states that the provisional 
measures may not be in effect for more than four months, which in 
the companion CVD case is 120 days after the publication of the 
preliminary determination, or June 5, 2026 (i.e., the last day 
provisional measures are in effect).
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Notification of the U.S. International Trade Commission (ITC)

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination of sales at LTFV. 
Because Commerce's final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will make its final 
determination as to whether the domestic industry in the United States 
is materially injured, or threatened with material injury, by reason of 
imports or sales (or the likelihood of sales) for importation of 
oleoresin paprika from India no later than 45 days after this final 
determination. In addition, we are making available to the ITC all non-
privileged and nonproprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.
    If the ITC determines that such injury does not exist, this 
proceeding will be terminated, all cash deposits posted will be 
refunded, and suspension of liquidation will be lifted. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    This final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: August 17, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Application of Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: Whether to Allocate Respondents' Joint Production 
Costs to Co-Products Based on Weight
    Comment 2: Whether to Apply Facts Available with an Adverse 
Inference for Errors and Omissions Identified During the Cost 
Verifications
    Comment 3: Whether to Refer Information to U.S. Customs and 
Border Protection (CBP) and Establish a Certification Process
    Comment 4: Whether to Apply Partial Facts Available with an 
Adverse Inference to Synthite's Unreported Marine Insurance Expenses
    Comment 5: Whether Commerce Should Revise its Calculation 
Regarding Certain Selling Expenses
    Comment 6: Whether to Make an Affirmative Critical Circumstances 
Finding
VII. Recommendation

[FR Doc. 2026-17047 Filed 8-20-26; 8:45 am]
BILLING CODE 3510-DS-P


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