Paprika Oleoresin from India - Preliminary LTFV Determination
Summary
The International Trade Administration issued a preliminary affirmative determination in its antidumping duty investigation of paprika oleoresin from India, finding sales at less than fair value. The agency made a preliminary negative determination regarding critical circumstances. The final determination has been postponed and provisional measures extended. Case A-533-938.
What changed
The ITA made an affirmative preliminary determination that paprika oleoresin from India is being sold at less than fair value, subject to antidumping duties. The investigation (A-533-938) includes a preliminary negative critical circumstances finding. The final determination is postponed and provisional measures are extended.\n\nImporters of paprika oleoresin from India should prepare for potential antidumping duty liability at the preliminary margin rates once finalized. Affected parties should document their pricing practices and may submit comments to the ITA. The extension of provisional measures means enhanced duties could apply retroactively if critical circumstances are found in the final determination.
What to do next
- Review antidumping duty exposure for paprika oleoresin imports from India
- Document pricing practices and cost structures to support potential administrative review
- Monitor for final determination and any changes to duty deposit rates
Penalties
Antidumping duty deposits at preliminary rates required; final duties based on investigation outcome may result in retroactive assessments
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You may be interested in this older document that published on 01/27/2026 View Document
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
A Notice by the International Trade Administration on 04/02/2026
- 1.
1.
Document Details Published Content - Document Details Agencies Department of Commerce International Trade Administration Agency/Docket Number A-533-938 Document Citation 91 FR 16636 Document Number 2026-06450 Document Type Notice Pages 16636-16639
(4 pages) Publication Date 04/02/2026 Published Content - Document DetailsPDF Official Content
- View printed version (PDF) Official Content
Document Details Published Content - Document Details Agencies Department of Commerce International Trade Administration Agency/Docket Number A-533-938 Document Citation 91 FR 16636 Document Number 2026-06450 Document Type Notice Pages 16636-16639
(4 pages) Publication Date 04/02/2026 Published Content - Document DetailsDocument Dates Published Content - Document Dates Dates Text Applicable April 2, 2026. Published Content - Document Dates
Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the
headings within the legal text of Federal Register documents.
This repetition of headings to form internal navigation links
has no substantive legal effect.- AGENCY:
- SUMMARY:
- DATES:
- FOR FURTHER INFORMATION CONTACT:
- SUPPLEMENTARY INFORMATION:
- Background
- Scope of the Investigation
- Scope Comments
- Methodology
- All-Others Rate
- Preliminary Negative Determination of Critical Circumstances
- Preliminary Determination
- Suspension of Liquidation
- Disclosure
- Verification
- Public Comment
- Postponement of Final Determination and Extension of Provisional Measures
- U.S. International Trade Commission Notification
- Notification to Interested Parties
- Appendix I
- Scope of the Investigation
- Appendix II
- List of Topics Discussed in the Preliminary Decision Memorandum
- Footnotes Enhanced Content - Table of Contents
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| A-533-938
(3 Documents) | | | |
| --- | | | |
| Date | | Action | Title |
| | 2026-04-02 | | 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 |
| | 2026-01-27 | | Oleoresin Paprika From India: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation |
| | 2025-07-22 | | Oleoresin Paprika From India: Initiation of Less-Than-Fair-Value Investigation |
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Department of Commerce
International Trade Administration
- [A-533-938]
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that oleoresin paprika from India is being, or is 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. Interested parties are invited to comment on this preliminary determination.
DATES:
Applicable April 2, 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
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 22, 2025. [1 ] Based on the petitioner's request, [2 ] on January 27, 2026, Commerce postponed the preliminary determination, pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(e). [3 ] Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days. [4 ] Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's ( printed page 16637) Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days. [5 ] As a result, the revised deadline for this proceeding is now March 30, 2026.
For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. [6 ] A list of topics included 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). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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
In accordance with the preamble to Commerce's regulations, [7 ] the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). [8 ] No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Therefore, Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice.
Methodology
Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. 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 any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-average dumping margins for Mane Kancor and Synthite that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged values for the merchandise under consideration. [9 ]
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily finds 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 Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:
| Exporter/producer | Weighted-
average
dumping
margin
(percent) | Cash deposit rate
(adjusted for subsidy
offset(s))
(percent) |
| --- | --- | --- |
| Mane Kancor Ingredients Private Ltd. 10 | 3.33 | 0.00 |
| Synthite Industries Pvt. Ltd. 11 | 5.66 | 0.00 |
| All Others 12 | 4.60 | 0.00 |
Suspension of Liquidation
In accordance with section 733(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 Appendix I, 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 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 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 ( printed page 16638) above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary 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, except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the “Preliminary Determination” section above.
Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication 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. [13 ] 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. [14 ]
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. [15 ] 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). [16 ]
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 the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and 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.
Postponement of Final Determination and Extension of Provisional Measures
Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.
On March 18, 2026, pursuant to 19 CFR 351.210(e), Mane Kancor and Synthite requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. [17 ] In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary 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 these imports are materially injuring, or ( printed page 16639) threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: March 30, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Preliminary Negative Determination of Critical Circumstances
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation
Footnotes
- See Oleoresin Paprika from India: Initiation of Less-Than-Fair-Value Investigation, 90 FR 34419 (July 22, 2025) (Initiation Notice).
See
Petitioner's Letter, “Request for Extension of the Preliminary Determination,” dated January 14, 2026.
Back to Citation 3. See Oleoresin Paprika from India: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 91 FR 3434 (January 27, 2026).
See
Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.
See
Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.
See
Memorandum, “Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Oleoresin Paprika from India,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Back to Citation 7. See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).
Back to Citation 8. See Initiation Notice.
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](https://www.federalregister.gov/citation/75-FR-53661), [53662](https://www.federalregister.gov/citation/75-FR-53662) (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment1. 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* the All-Others Rate Calculation Memorandum.
Back to Citation 10.
See
Memorandum, “Preliminary Determination Calculations for Mane Kancor,” dated January 29, 2026.
11.
See
Memorandum, “Preliminary Determination Calculations for Synthite Industries Pvt. Ltd,” dated January 29, 2026.
12.
See
Memorandum, “Calculation of Subsidy Rate for All Others,” dated January 29, 2026.
Back to Citation 13.
See [19 CFR 351.309(d)](https://www.ecfr.gov/current/title-19/section-351.309#p-351.309(d)); *see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,* [88 FR 67069](https://www.federalregister.gov/citation/88-FR-67069), [67077](https://www.federalregister.gov/citation/88-FR-67077) (September 29, 2023) (*APO and Service Final Rule*).
Back to Citation 14.
See [19 CFR 351.309(c)(2)](https://www.ecfr.gov/current/title-19/section-351.309#p-351.309(c)(2)) and [(d)(2)](https://www.ecfr.gov/current/title-19/section-351.309#p-351.309(d)(2)).
Back to Citation 15.
We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
Back to Citation 16. See APO and Service Final Rule.
Back to Citation 17.
See
Mane Kancor's and Synthite's Letter, “Mane Kancor's and Synthite's Request to Postpone Final Determination,” dated March 18, 2026.
Back to Citation [FR Doc. 2026-06450 Filed 4-1-26; 8:45 am]
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Published Document: 2026-06450 (91 FR 16636)
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