Notice2026-17769
Ammonium Sulfate From People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
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
September 1, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 12, 2026, the U.S. Court of International Trade (CIT or the Court) issued its final judgment in Cambridge Isotope Laboratories, Inc. v. United States, Court No. 23-00080 sustaining the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the scope ruling for the antidumping and countervailing duty orders on Ammonium Sulfate from People's Republic of China finding enriched \15\N ammonium sulfate isotope to be included in the orders. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's scope ruling, and that Commerce is amending the scope ruling to find that enriched \15\N ammonium sulfate isotope is outside the scope of the orders.
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Notices]
[Pages 56120-56121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17769]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-049, C-570-050]
Ammonium Sulfate From People's Republic of China: Notice of Court
Decision Not in Harmony With Final Scope Ruling and Notice of Amended
Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2026, the U.S. Court of International Trade (CIT
or the Court) issued its final judgment in Cambridge Isotope
Laboratories, Inc. v. United States, Court No. 23-00080 sustaining the
U.S. Department of Commerce (Commerce)'s remand redetermination
pertaining to the scope ruling for the antidumping and countervailing
duty orders on Ammonium Sulfate from People's
[[Page 56121]]
Republic of China finding enriched \15\N ammonium sulfate isotope to be
included in the orders. Commerce is notifying the public that the CIT's
final judgment is not in harmony with Commerce's scope ruling, and that
Commerce is amending the scope ruling to find that enriched \15\N
ammonium sulfate isotope is outside the scope of the orders.
DATES: Applicable August 22, 2026.
FOR FURTHER INFORMATION CONTACT: Catherine Bonilla, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7955.
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2023, Commerce found enriched \15\N ammonium sulfate
\1\ to be within the scope of the scope of the Orders.\2\ Cambridge
Isotope Laboratories, Inc. (CIL) appealed Commerce's Final Scope
Ruling. On March 11, 2026, the CIT remanded the Final Scope Ruling to
Commerce, as the Court found that, although Commerce purported to rely
on the Orders' plain language and 19 CFR 351.225(k)(1)(i)(A),
Commerce's analysis in substance turned on the chemical composition of
CIL's product, a part of its physical characteristics, which
constitutes a 19 CFR 351.225(k)(2)(i)(A) factor.\3\ The Court stated
that because Commerce engaged one (k)(2) factor while expressly
declining to consider the other four, the Court found Commerce's
determination contrary to the mandatory requirements of 19 CFR
351.225(k)(2)(i), which requires Commerce to consider all five factors
if it proceeds to that level of the analysis.\4\ The Court instructed
that if Commerce conducts a (k)(2) analysis on remand, it must consider
all five factors.\5\
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\1\ The terms ``enriched \15\N ammonium sulfate'' and ``\15\N-
enriched ammonium sulfate'' have been used interchangeably in the
proceeding and both refer to the subject merchandise of the final
results of redetermination.
\2\ See Ammonium Sulfate from the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders, 82 FR 13094 (March
9, 2017) (Orders); see also Memorandum, ``Antidumping Duty and
Countervailing Duty Orders on Ammonium Sulfate from the People's
Republic of China: Final Scope Ruling on Cambridge Isotope
Laboratories, Inc. \15\N Enriched Ammonium Sulfate,'' dated March
16, 2023 (Final Scope Ruling).
\3\ See Cambridge Isotope Laboratories, Inc. v. United States,
Slip Op. 26-27 (CIT March 11, 2026, amended March 16, 2026) (Remand
Order) at 10.
\4\ Id.
\5\ Id. at 11.
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In its final remand redetermination, issued on July 9, 2026,
Commerce found enriched \15\N ammonium sulfate isotope to be outside
the scope of the Orders.\6\ The CIT sustained Commerce's final
redetermination.\7\
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\6\ See Final Results of Redetermination Pursuant to Court
Remand, Cambridge Isotope Laboratories, Inc. v. United States, Slip
Op. 26-27, Ct. No. 23-00080, dated July 9, 2026 (Final Remand).
\7\ See Remand Order.
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's August 12,
2026, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v.United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling
In accordance with the CIT's August 12, 2026 final judgment,
Commerce is amending its Final Scope Ruling and finds that CIL's
enriched \15\N ammonium sulfate isotope is outside the scope of the
Orders.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for the enriched \15\N ammonium sulfate isotope. In the event that the
CIT's final judgment is not appealed or is upheld on appeal, Commerce
will instruct CBP to liquidate entries of enriched \15\N ammonium
sulfate isotope without regard to antidumping and/or countervailing
duties and to lift the suspension of liquidation of such entries.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: August 26, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2026-17769 Filed 8-31-26; 8:45 am]
BILLING CODE 3510-DS-P
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