Petition Summary: Erythritol from The People’s Republic of China

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On December 13, 2024, Cargill, Incorporated (“Cargill” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Erythritol from the People’s Republic of China (“China”).

SCOPE OF THE INVESTIGATION

The following language describes the imported merchandise from China:

The product within the scope of this investigation is erythritol, which is a sugar alcohol, commonly referred to as a polyol, typically produced by the fermentation of glucose using enzymes and yeast or yeast-like fungi (though the scope includes erythritol produced using any other feedstock or organism). Erythritol is an organic compound with the molecular formula C4H10O4 and a Chemical Abstract Service (“CAS”) registry number of 149-32-6. Other names for erythritol include meso-erythritol, (2R, 3S)-butan-1,2,3,4-tetrol, butane-1,2,3,4-tetrol, or meso-1,2,3,4-Tetrahydroxybutane.

Erythritol typically appears as a white crystalline, odorless product that rapidly dissolves in water. While erythritol is typically produced in the crystalline form or as a fine powder or in directly compressible form, the scope of these investigations covers all physical forms and grades of erythritol.

The merchandise covered by this investigation is classifiable under HTSUS subheadings 2905.49.4000 and 2106.90.9998. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by this investigation is dispositive.

PETITIONER

Cargill, Incorporated

15407 McGinty Rd. W.

Wayzata, MN 55391

https://www.cargill.com

COUNSEL FOR PETITIONER

Mayer Brown LLP

1999 K Street, NW

Washington, DC 20006

(202) 263-3000

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by the Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

Below is an estimated schedule.  Please note that the Commerce Department deadlines are likely to be extended for both the AD and CVD investigations.

Event Earliest Date
Petition Filed December 13, 2024
DOC Initiation January 2, 2025
   
ITC Preliminary Investigation:  
Questionnaires Due December 27, 2024
Request to appear at hearing                                      January 1, 2025
Hearing January 3, 2025
Briefs January 8, 2025
ITC Vote January 27, 2025
   
DOC Investigation Schedule:  
DOC Preliminary Antidumping Determination May 22, 2025
DOC Final Antidumping Determination August 5, 2025
DOC Preliminary Countervailing Determination March 8, 2025
DOC Final Countervailing Determination May 22, 2025
   
ITC Final Investigation:  
ITC Final AD Determination                  September 19, 2025
ITC Final CVD Determination               July 6, 2025

ALLEGED DUMPING MARGINS

China:              31.9% – 235.6%

Periods of Investigation:  The antidumping duty period of investigation will be April 1, 2024 through September 30, 2024.  The countervailing duty period of investigation will be January 1, 2023 through December 31, 2023.

ALLEGED COUNTERVAILING DUTY MARGINS

Above de minimis

ALLEGED SUBSIDIES

For a list of alleged subsidies the Petitioner, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

  2021 2022 2023 Jan. – Sept. 2023 Jan – Sept. 2024
China          
Volume (lbs*) 75,397 49,391 38,029 27,726 30,841
Import Value (USD) 15,752,543 64,346,730 30,032,887 22,025,624 23,726,888
AUV (USD/lbs) 0.2089 1.3028 0.7897 0.7944 0.7693
*Quantity in Thousand Pounds

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Husch Blackwell LLP

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