SUPPLEMENTARY INFORMATION: ( printed page 64345)

Background

In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on August 21, 2026, Commerce published in the Federal Register and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of paprika from India and its affirmative final determination of sales at less than fair value (LTFV) of paprika from India.^[1]

On October 5, 2026, pursuant to sections 705(d) and 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of subsidized imports of oleoresin paprika from India, and dumped imports of oleoresin paprika from India, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.^[2]

Scope of the Orders

The product covered by these orders is oleoresin paprika from India. For a full description of the scope of these orders, see the appendix to this notice.

AD Order

On October 5, 2026, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of oleoresin paprika from India that is sold in the United States at LTFV.^[3] Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that an industry in the United States is materially injured by reason of imports of oleoresin paprika from India, unliquidated entries of such merchandise from India, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.

Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise on all relevant entries of oleoresin paprika from India. Antidumping duties will be assessed on unliquidated entries of oleoresin paprika entered, or withdrawn from warehouse, for consumption on or after April 2, 2026, the date of publication of the LTFV Preliminary Determination,^[4] but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination under section 735(b) of the Act, as further described in the “Provisional Measures—AD” section of this notice.

Suspension of Liquidation and Cash Deposits—AD

Except as noted in the “Provisional Measures—AD” section of this notice, in accordance with section 736 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation and continue the suspension of liquidation, as applicable, on all relevant entries of oleoresin paprika from India, effective the date of publication of the ITC's final affirmative injury determination in the Federal Register .^[5]

Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below, adjusted by the relevant export subsidy offsets. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated customs duties on subject merchandise, a cash deposit equal to the rates listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. These instructions suspending liquidation and cash deposit requirements will remain in effect until further notice.

Estimated Weighted-Average Dumping Margins

The estimated weighted-average dumping margins are as follows:

Provisional Measures—AD

Section 773(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that account for a significant proportion of oleoresin paprika from India, Commerce extended the four-month period to six months.^[6]

In the underlying investigation, Commerce published the LTFV Preliminary Determination on April 2, 2026. Therefore, the six-month period beginning on the date of the publication of the LTFV Preliminary Determination ended on September 28, 2026. Pursuant to section 737(b) of the Act, the collection of cash deposits will resume on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 733(d) of the ( printed page 64346) Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of oleoresin paprika from India entered, or withdrawn from warehouse, for consumption on or after September 29, 2026, the first day provisional AD measures were no longer in effect, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register .^[7] Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's final determinations in the Federal Register .

CVD Order

As stated above, on October 5, 2026, the ITC notified Commerce of its final determination that an industry is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of oleoresin paprika from India.^[8] Therefore, in accordance with sections 705(c)(2) and 706 of the Act, Commerce is issuing this CVD order. Because the ITC determined that an industry in the United States is materially injured by reason of subsidized imports of oleoresin paprika from India, unliquidated entries of such merchandise from the countries, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties.

Therefore, in accordance with section 706(a) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of oleoresin paprika from India, which are entered, or withdrawn from warehouse, for consumption on or after February 6, 2026, the date of publication of the CVD Preliminary Determination,^[9] but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination under section 705(b) of the Act, as further described in the “Provisional Measures—CVD” section of this notice.

Critical Circumstances—CVD

In the CVD Final Determination, Commerce found that critical circumstances exist with respect to Synthite Industries Pvt. Ltd. (Synthite).^[10] The ITC found that critical circumstances do not exist with respect to Synthite's imports of oleoresin paprika from India. As a result, we intend to instruct CBP to lift the suspension of liquidation and to refund all cash deposits for estimated countervailing duties with respect to Synthite's entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after November 8, 2025 ( i.e., 90 days prior to the date of publication of the affirmative CVD Preliminary Determination), but before February 6, 2026 ( i.e., the date of publication of the CVD Preliminary Determination ).^[11]

Suspension of Liquidation and Cash Deposits—CVD

In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation and continue the suspension of liquidation, as applicable, on all relevant entries of oleoresin paprika from India, effective the date of publication of the ITC's final affirmative injury determination in the Federal Register ,^[12] and to assess, upon further instruction by Commerce, countervailing duties on each entry of subject merchandise in an amount based on the net countervailable subsidy rates below.

Commerce also intends, pursuant to section 706(a)(1) of the Act, to instruct CBP to require cash deposits equal to the amounts indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated customs duties on subject merchandise, a cash deposit equal to the rates listed in the tables below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. These instructions suspending liquidation and cash deposit requirements will remain in effect until further notice.

Estimated CVD Subsidy Rates

The estimated CVD subsidy rates, as published in Commerce's CVD Final Determination, are as follows:

Provisional Measures—CVD

Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the CVD Preliminary Determination on February 6, 2026. Therefore, the four-month period beginning on the date of the publication of the CVD Preliminary Determination ended on June 5, 2026, so that entries made after this date, and prior to the date of publication of the ITC's final determination in the Federal Register , are not subject to the assessment of countervailing duties due to Commerce's discontinuation of the suspension of liquidation.

Therefore, in accordance with section 703(d) of the Act and our practice, Commerce instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of oleoresin paprika from India entered, or withdrawn from warehouse, for consumption on or after June 6, 2026, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC's final injury determinations in the Federal Register . Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's affirmative final injury determination in the Federal Register .

Establishment of the Annual Inquiry Service List

On September 20, 2021, Commerce published the Final Rule in the Federal Register .^[13] On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register .^[14] The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for ( printed page 64347) circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.^[15]

In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce's online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called “AISL-Annual Inquiry Service List.” ^[16]

Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance,^[17] the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published.

Commerce may update an annual inquiry service list at any time as needed based on interested parties' amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website.

Special Instructions for Petitioners and Foreign Governments

In the Final Rule, Commerce stated that, “after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.” ^[18] Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above.

Notification to Interested Parties

This notice constitutes the AD and CVD orders with respect to oleoresin paprika from India, pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find a list of AD and CVD orders currently in effect at www.trade.gov/​data-visualization/​adcvd-proceedings.

These orders are published in accordance with sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b).

Appendix

The merchandise covered by the scope of these orders 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 these orders is not excluded when commingled with oleoresin paprika from sources not subject to these orders, or when commingled with other oleoresins. Only the subject component of such commingled products is covered by the scope of these orders.

The merchandise subject to these orders 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 these orders is dispositive.