24.09.2026 Regulation #USA #Import #Duties
US sets preliminary AD deposits on fatty acids from Malaysia and Indonesia
On September 22, 2026, the US Department of Commerce published in the Federal Register preliminary affirmative determinations of sales at less than fair value (LTFV) for certain fatty acids from Malaysia and Indonesia, cases A-557-834 and A-560-848 (FR 2026-19379, FR 2026-19378). Both determinations were signed September 15, 2026, and the period of investigation runs from January 1 through December 31, 2025 (govinfo, Malaysia; govinfo, Indonesia). As of the publication date, Commerce has directed suspension of liquidation of entries and instructed CBP to collect cash deposits at company-specific rates.
Company rates and cash deposits
For Malaysia, Evyap Sabun Malaysia Sdn. Bhd. received a dumping margin of 4.47% and a cash deposit rate of 4.46%; the Palm-Oleo group (Palm-Oleo Sdn. Bhd., Palm-Oleo (Klang) Sdn. Bhd. and KL-Kepong Oleomas Sdn. Bhd.) received 7.07% and 7.06%; the all-others rate is 5.23% and 5.22% (govinfo, Malaysia). For Indonesia, the margin for P.T. Musim Mas and affiliated PT Inti Benua Perkasatama is 23.04% (deposit 22.96%), for PT Wilmar Nabati Indonesia 12.32% (deposit 12.31%), and for the all-others category 19.55% (deposit 19.49%) (govinfo, Indonesia).
| Company | Dumping margin | Cash deposit |
|---|---|---|
| Malaysia: Evyap Sabun Malaysia | 4.47% | 4.46% |
| Malaysia: Palm-Oleo / KL-Kepong Oleomas | 7.07% | 7.06% |
| Malaysia: all others | 5.23% | 5.22% |
| Indonesia: Musim Mas / Inti Benua Perkasatama | 23.04% | 22.96% |
| Indonesia: Wilmar Nabati Indonesia | 12.32% | 12.31% |
| Indonesia: all others | 19.55% | 19.49% |
The gap between margins and deposits reflects Commerce's practice of offsetting the cash deposit by the amount of export subsidies countervailed in the companion CVD proceeding (govinfo, Malaysia; govinfo, Indonesia); those are cases C-557-835 for Malaysia and C-560-849 for Indonesia (trade.gov, CVD).
Critical circumstances and retroactivity for Indonesia
In the Indonesia case, Commerce separately examined critical circumstances, an indicator that imports were stockpiled ahead of duties. For P.T. Musim Mas/Inti Benua Perkasatama and PT Wilmar Nabati Indonesia the finding is negative; for the all-others category of Indonesian exporters and producers it is affirmative. Suspension of liquidation for that category therefore applies retroactively, to unliquidated entries made on or after the date 90 days before publication of the preliminary determination (govinfo, Indonesia). In the Malaysia case, critical circumstances were not at issue, and suspension of liquidation applies from the publication date (govinfo, Malaysia).
What this means for importers
US Customs and Border Protection collects cash deposits at the above rates from the date of publication. For Malaysian fatty acids, as well as Indonesian shipments from Musim Mas/IBP and Wilmar, deposits apply from September 22, 2026; importers of Indonesian goods in the all-others category should prepare for retroactive collection of deposits on entries made 90 days before publication. If the exporter is not one of the named respondents but the producer is, the producer's company-specific rate applies rather than the all-others rate (govinfo, Malaysia; govinfo, Indonesia).
The scope covers fatty acids with a carbon chain length of C6–C18, an iodine value below 105 g/100g, and a free fatty acid content of at least 97 percent. It falls under headings 2915 (subheadings 2915.70.0110, .0120, .0150, 2915.90.1010, .1050), 2916 (2916.15.1000, .5100) and 3823 (3823.11.0000, .12.0000, .19.2000, .19.4000); both notices add that the merchandise may also enter under 3824.99.4190 (govinfo, Malaysia; govinfo, Indonesia).
Final determinations due by early February 2027
The provisional measures period has been extended from four to six months at the request of exporters in both cases, and Commerce's final determinations have been postponed to no later than 135 days after publication of the preliminary determinations (govinfo, Malaysia; govinfo, Indonesia); per Commerce's estimate, they are expected "on or around February 5, 2027" (trade.gov). Commerce announced the initiation of the AD and CVD investigations, brought on a petition from Vantage Specialty Chemicals, Inc. (Deerfield, IL), on March 10, 2026 (trade.gov, initiation); the preliminary CVD determinations were announced on July 20, 2026 (trade.gov, CVD). After Commerce's final determinations, the question of injury to the US industry is decided by the US International Trade Commission (ITC) in a separate determination.
Primary sources
- Certain Fatty Acids From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value (govinfo, full text)
- Federal Register 2026-19379 (Malaysia)
- Certain Fatty Acids From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value (govinfo, full text)
- Federal Register 2026-19378 (Indonesia)
- ITA: Commerce Preliminary Antidumping Duty Investigation of Certain Fatty Acids from Indonesia and Malaysia
- ITA: Commerce Preliminary Countervailing Duty Investigations of Certain Fatty Acids from Indonesia and Malaysia
- ITA: Commerce Initiates AD and CVD Investigations of Certain Fatty Acids from Indonesia and Malaysia
Mentioned codes
This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.