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Tris(hydroxymethyl)aminomethane From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination

The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of Tris(hydroxymethyl)aminometha...

Department of Commerce
International Trade Administration
  1. [C-570-231]
( printed page 60585)

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of Tris(hydroxymethyl)aminomethane (Tris) from the People's Republic of China (China). The period of investigation is January 1, 2025, through December 31, 2025. Interested parties are invited to comment on this preliminary determination.

DATES:

Applicable September 24, 2026.

FOR FURTHER INFORMATION CONTACT:

Shane Subler or Katerina Katsiadas, AD/CVD Operations, Office OVIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 18, 2026.[1] On July 16, 2026, Commerce postponed the preliminary determination of this investigation and the revised deadline is now September 18, 2026.[2]

For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.[3] A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at access.trade.gov/​frnotices.

Scope of the Investigation

The product covered by this investigation is Tris from China. For a complete description of the scope of this investigation, see Appendix I.

Scope Comments

In accordance with the Preamble to Commerce's regulations,[4] the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, ( i.e., scope).[5] No interested party commented on the scope of the investigation as it appeared in the Initiation Notice.

Methodology

Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.[6]

Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce's requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.[7] For further information, see the “Use of Facts Otherwise Available and Adverse Inferences” section in the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in Part

In accordance with section 703(e)(1) of the Act and 19 CFR 351.206, Commerce preliminarily finds that critical circumstances exist with respect to imports of subject merchandise from the mandatory respondent Changzhou Peicheng Imp. & Exp. Co. (Changzhou Peicheng), which has been assigned a rate based on total adverse facts available (AFA). Commerce also preliminarily determines that critical circumstances do not exist with respect to imports of subject merchandise from mandatory respondent Suzhou Yacoo Science Co., Ltd. (Suzhou Yacoo) and all other companies. For a full description of the methodology and results of Commerce's critical circumstances analysis, see the Preliminary Decision Memorandum.

Alignment

As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of Tris from China based on a request made by the petitioner.[8] Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than February 1, 2027, unless postponed.

All-Others Rate

Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.

In this investigation, Commerce preliminarily assigned a rate based entirely on facts available to Changzhou Peicheng. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Suzhou Yacoo. Consequently, the rate calculated for Suzhou Yacoo is also assigned as the rate for all other producers and exporters. ( printed page 60586)

Preliminary Determination

Commerce preliminarily determines that the following estimated countervailable subsidy rates exist:

Company Subsidy rate (percent ad valorem)
Changzhou Peicheng Imp. & Exp. Co * 117.39
Suzhou Yacoo Science Co., Ltd.9 20.63
All Others 20.63
* This rate is based on facts available with adverse inferences.

Suspension of Liquidation

In accordance with section 703(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register . Further, pursuant to section 703(d)(1)(B) of the Act and 19 CFR 351.107(e), Commerce will instruct CBP to require a cash deposit equal to the estimated company-specific countervailable subsidy rate 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 individual countervailable subsidy rates determined in this preliminary determination; (2) if both the producer and exporter of the subject merchandise have company-specific estimated subsidy rates determined in this preliminary determination, and their rates differ, then the applicable cash deposit rate will be the higher of these two rates; (3) if either the producer or the exporter, but not both, of the subject merchandise have a company-specific estimated subsidy rate determined in this preliminary determination, the applicable cash deposit rate will be that company's company-specific rate; and (4) the cash deposit rate for all other producers and exporters will be equal to the estimated all-others subsidy rate.

Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise produced and/or exported by Changzhou Peicheng. In accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from the exporters/producers identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.

Disclosure

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

Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial errors by amending the preliminary determination. However, consistent with 19 CFR 351.224(d), Commerce will not consider incomplete allegations that do not address the significance standard under 19 CFR 351.224(g) following the preliminary determination. Instead, Commerce will address such allegations in the final determination together with issues raised in the case briefs or other written comments.

Verification

As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination.

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[10] Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[11] All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[12] Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[13]

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain (1) the party's name, address, and telephone number; (2) the number of participants, whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

U.S. International Trade Commission (ITC) Notification

In accordance with section 703(f) of the Act, Commerce will notify the ITC of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of Tris from China are materially injuring, or threaten material injury to, the U.S. industry. ( printed page 60587)

Notification to Interested Parties

This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c).

Dated: September 18, 2026.

Steven Presing,

Executive Director for Policy and Negotiations.

Appendix I

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 C4H11NO3 and C4H11NO3·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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Investigation

IV. Scope Comments

V. Injury Test

VI. Preliminary Determination of Critical Circumstances

VII. Analysis of China's Financial System

VIII. Diversification of China's Economy

IX. Use of Facts Otherwise Available and Adverse Inferences

X. Subsidies Valuation Information

XI. Interest Rates and Benchmarks

XII. Analysis of Programs

XIII. Recommendation

Footnotes

1.   See Tris(hydroxymethyl)aminomethane from the People's Republic of China: Initiation of Countervailing Duty Investigation,91 FR 28559 (May 18, 2026) ( Initiation Notice).

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2.   See Tris(hydroxymethyl)aminomethane from the People's Republic of China: Postponement of Preliminary Determination of Countervailing Duty Investigation,91 FR 43606 (July 16, 2026).

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3.   See Memorandum, “Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Tris(hydroxymethyl)aminomethane from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

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4.   See Antidumping Duties; Countervailing Duties, Final Rule,62 FR 27296, 27323 (May 19, 1997) ( Preamble).

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5.   See Initiation Notice.

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6.   See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

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7.   See sections 776(a) and (b) of the Act.

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8.   See Petitioner's Letter, “Petitioner's Request to Align Final Countervailing Duty Determination with the Companion Antidumping Duty Final Determination,” dated August 31, 2026. The petitioner in this investigation is Advancion Corporation (the petitioner).

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9.  As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Suzhou Yacoo: Jining Yacoo New Materials Technology Co., Ltd. and Yacoo Science (Anqing) Co., Ltd.

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10.   See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule).

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12.  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

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13.   See APO and Service Final Rule.

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[FR Doc. 2026-19530 Filed 9-23-26; 8:45 am]

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91 FR 60585

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“Tris(hydroxymethyl)aminomethane From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination,” thefederalregister.org (September 24, 2026), https://thefederalregister.org/documents/2026-19530/tris-hydroxymethyl-aminomethane-from-the-people-s-republic-of-china-preliminary-affirmative-countervailing-duty-determin.