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
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. 23-000...
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
( printed page 56121)
Republic of China finding enriched15
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 enriched15
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]
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]
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.
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 enriched15
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 enriched15
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 enriched15
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.
Footnotes
1.
The terms “enriched15.
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).
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).
Use this for formal legal and research references to the published document.
91 FR 56120
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“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,” thefederalregister.org (September 1, 2026), https://thefederalregister.org/documents/2026-17769/ammonium-sulfate-from-people-s-republic-of-china-notice-of-court-decision-not-in-harmony-with-final-scope-ruling-and-not.
19 CFR 351.225(k)(1)(i)(A)