Legal & enforcement
U.S. sets preliminary AD rates on Malaysian fatty acids
Commerce preliminarily found that certain fatty acids from Malaysia are sold, or likely to be sold, in the U.S. at less than fair value, based on January 1 to December 31, 2025. From September 22, 2026, CBP is to suspend liquidation and collect cash deposits of 4.46% for Evyap Sabun Malaysia, 7.06% for the Palm-Oleo group and 5.22% for all others. The final determination is postponed.
What changed
The scope covers fatty acids with C6 to C18 carbon chains, an iodine value below 105 g/100 g and a degree of split of at least 97 percent, as single cuts or blends, including product processed or blended in a third country; acids with 90 percent or more C6, C8 or C10 chains and mixtures under 80 percent fatty acids by weight are excluded.
Named HTSUS lines are 2915.70.0110, 2915.70.0120, 2915.70.0150, 2915.90.1010, 2915.90.1050, 2916.15.1000, 2916.15.5100, 3823.11.0000, 3823.12.0000, 3823.19.2000, 3823.19.4000 and possibly 3824.99.4190; the written scope controls, and Commerce has not yet decided the scope comments. Palm-Oleo Sdn.
Bhd., Palm-Oleo (Klang) Sdn. Bhd. and KL-Kepong Oleomas Sdn. Bhd. are treated as one entity. Deposits are the margins (4.47%, 7.07%, 5.23%) offset for export subsidies in the companion CVD case. The notice makes no critical circumstances finding.
At Evyap's and Palm-Oleo's request, the final is due no later than 135 days after publication, and provisional measures run up to six months instead of four. If it is affirmative, the ITC then decides injury.
What an import team should check
- Check whether each invoice names Evyap Sabun Malaysia Sdn. Bhd. or one of the three Palm-Oleo companies as producer or exporter; other suppliers take the 5.22% all-others deposit.
- Ask your broker to apply the new deposits to fatty acid entries made on or after September 22, 2026, and to flag the change if the companion CVD provisional measures expire first.
- Check chain length, iodine value, degree of split and fatty acid share against the written scope, and diary the final determination due within 135 days of September 22, 2026.