Preliminary ITC AD/CVD Determinations on Erythritol

Feb. 18, 2025
By: Chaney A. Finn

The International Trade Commission published its preliminary determination regarding the import of Erythritol from the People’s Republic of China. As a result of an investigation, the ITC found that there is reasonable indication that an industry in the United States is materially injured by reason of imports of erythritol from China, provided for in subheading 2905.49.40 of the Harmonized Tariff Schedule of the United States. Imports of erythritol are alleged to be sold in the United States at less than fair value (antidumping) and alleged to be subsidized by the government of China (countervailing).

Erythritol is a naturally abundant sweetener used in calorie-reduced foods, candies, and baked goods. As way of background, the investigation was initiated when agriculture giant Cargill, Inc. filed a petition with the Commerce Department and the International Trade Commission requesting the imposition of antidumping (AD) and countervailing (CVD) duties on U.S. imports of erythritol from China.

The Commissions public report of its preliminary determination is expected to be available by March 3, 2025. Due to these preliminary injury findings and a Commission vote affirming to continue investigations, the Commerce Department will also continue its investigations of damages.

The Commerce Departments preliminary antidumping duty determination for China due on or about May 22, 2025, and its preliminary countervailing duty determination for China on March 10, 2025. The ITC will then commence the final phase of investigations. A final phase notice of scheduling will be published upon the Commerce Departments preliminary determinations.

According to the Federal Register notice of the preliminary findings, parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Any other party may file an entry of appearance for the final phase of the investigations after publication of the final phase notice of scheduling. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations.

Should you have questions regarding the scope of the case, managing imports during the course of the investigations, or any other trade-related questions, do not hesitate to contact any attorney at Barnes, Richardson & Colburn.