Notice2025-10347
Vanillin From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
June 6, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that vanillin from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2023, through March 31, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 108 (Friday, June 6, 2025)</title>
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[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Notices]
[Pages 24093-24095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10347]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-172]
Vanillin From the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
vanillin from the People's Republic of China (China) is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation is October 1, 2023, through March 31, 2024.
DATES: Applicable June 6, 2025.
FOR FURTHER INFORMATION CONTACT: Claudia Cott or Bryan Hansen, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270 or (202) 482-3683,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 16, 2025, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
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\1\ See Vanillin from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination and Extension of
Provisional Measures, 90 FR 4720 (January 16, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Vanillin from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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The Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Investigation
The product covered by this investigation is vanillin from China.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation from
that published in the Preliminary Determination for the final
determination.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce conducted verification of the sales and factors of
production information submitted by Jiangxi Brother Pharmaceutical Co.,
Ltd. (Jiangxi Brother).\3 \We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by Jiangxi Brother.
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\3\ See Memorandum, ``Verification of Jiangxi Brother
Pharmaceutical Co., Ltd.,'' dated April 10, 2025.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on a review of the record and comments received from
interested parties regarding the Preliminary Determination, and in
consideration of Commerce's verification findings, we made changes
consistent with the pre-verification minor corrections and our
verification findings with respect to Jiangxi Brother.\4\
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\4\ For a full description of these changes, see Issues and
Decision Memorandum.
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[[Page 24094]]
China-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination,\5\ Commerce
continues to find that, pursuant to sections 776(a) and (b) of the Act,
the use of facts otherwise available, with adverse inferences, is
warranted in determining the dumping rate for the China-wide entity.\6
\For this final determination, there is no new information on the
record that would cause us to reconsider our preliminary decision.
Therefore, as facts available with adverse inference, we assigned the
final rate of 379.87 percent, which is the highest individual sale
margin calculated in this investigation,\7\ to the China-wide entity.
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\5\ See Preliminary Determination PDM at 11-13.
\6 \ See sections 776(a)(1) and (2)(A)-(C) and (b) of the Act.
\7 \ See Memorandum, ``Final Analysis Memorandum,'' dated
concurrently with this notice (Final Analysis Memorandum) at 3, for
business proprietary details explaining our continued assignment of
this margin to the China-wide entity.
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Separate Rates
We received comments \8\ on our preliminary separate rate
determination.\9 \Based on our analysis of the comments received, our
preliminary determination with respect to separate rate eligibility
continues to be unchanged in the final determination.\10\
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\8\ See Issues and Decision Memorandum at Comment 4.
\9\ See Preliminary Determination PDM at 7-12.
\10\ See Issues and Decision Memorandum at Comment 4 for our
continued denial of separate rate to Jiaxing Guihua Imp. & Exp. Co.,
Ltd.
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Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\11\ Commerce calculated a producer/exporter combination rate for
Jiangxi Brother and assigned this rate to the companies eligible for a
separate rate.\12\
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\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
\12\ See Preliminary Determination PDM at 7-12.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, October 1, 2023, through March
31, 2024:
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Cash deposit rate
Weighted-average (adjusted for
Exporter Producer dumping margin subsidy offsets)
(percent) (percent) \13\
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Jiangxi Brother Pharmaceutical Co., Ltd.. Jiangxi Brother 190.20 190.15
Pharmaceutical Co., Ltd.
Chongqing Thrive Fine Chemicals Co., Ltd. Chongqing Thrive Fine 190.20 190.15
Chemicals Co., Ltd.
HongKong Wictive Merchants Co., Ltd...... Kunshan Asia Aroma Corp., 190.20 190.15
Ltd.
Kunshan Asia Aroma Corp., Ltd............ Kunshan Asia Aroma Corp., 190.20 190.15
Ltd.
Mianyang Sunshine Bio-Tech Co., Ltd...... Mianyang Sunshine Bio-Tech 190.20 190.15
Co., Ltd.
Shanghai Fuxin Fine Chemical Co., Ltd.... Jiaxing Zhonghua Chemical 190.20 190.15
Co., Ltd.
Shenzhen Siyomicro Bio-Tech Co., Ltd..... Shenzhen Siyomicro Bio-Tech 190.20 190.15
Co., Ltd.
Wuxi Lotus Essence Co., Ltd.............. Jiaxing Zhonghua Chemical 190.20 190.15
Co., Ltd.
Xiamen Bestally Biotechnology Co., Ltd... Xiamen Oamic Biotech Co., 190.20 190.15
Ltd.
China-Wide Entity........................ ............................ * 379.87 379.82
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* Rate based on facts available with adverse inferences.
Disclosure
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\13\ See Vanillin from The People's Republic of China: Final
Affirmative Countervailing Duty Determination, signed concurrently
with this notice; see also Final Analysis Memorandum for the export
subsidy rate that we deducted from the weighted-average dumping
margin to adjust the cash deposit rate.
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Commerce intends to disclose the calculations performed in this
final determination to interested parties 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 the Federal Register
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption, on or after January 16,
2025, the date of publication of the Preliminary Determination in the
Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon publication of this notice, we will instruct CBP to
require a cash deposit for estimated antidumping duties for appropriate
entries.
Commerce will instruct CBP to require the following cash deposits
of estimated antidumping duties for all appropriate entries: (1) for
the producer/exporter combinations listed in the table above, the
applicable cash deposit rate is listed in the table for that
combination; (2) for all combinations of Chinese producers/exporters of
the merchandise under consideration that have not established
eligibility for separate rates, the cash deposit rate will be equal to
the estimated weighted-average dumping margin established for the
China-wide entity; and (3) for all third country exporters of
merchandise under consideration not listed in the table above, the cash
deposit rate is the cash deposit rate applicable to the Chinese
producer/exporter combination (or China-wide entity) that supplied that
third-country exporter or, if the exporter/producer combination does
not have its own rate, the cash deposit rate will be the China-wide
rate. These suspension of liquidation instructions will remain in
effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where Commerce has made a final affirmative determination for
countervailable export subsidies, Commerce offsets the estimated
weighted-average dumping margin by the appropriate CVD rate. Commerce
has continued to adjust the cash deposit rate for export subsidies in
the companion CVD investigation by the appropriate export subsidy rate
as
[[Page 24095]]
indicated in the above chart. However, the suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\14\ therefore, we are not instructing CBP to collect cash deposits
based upon the adjusted estimated weighted-average dumping margin for
those export subsidies at this time. If the U.S. International Trade
Commission (ITC) makes a final affirmative determination of injury due
to both dumping and subsidies, then the cash deposit rate will be
revised effective on the date of the publication of the ITC's final
affirmative determination in the Federal Register to be the company-
specific estimated weighted-average dumping margin adjusted for export
subsidies.
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\14\ See Vanillin from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 89 FR 90671 (November 18, 2024), as corrected in
Vanillin from the People's Republic of China: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination; Correction,
90 FR 8267 (January 28, 2025); see also section 703(d) of the Act,
which states that the provisional measures may not be in effect for
more than four months, which in the companion CVD case is 120 days
after the publication of the preliminary determination, or March 18,
2025 (i.e., last day provisional measures are in effect).
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ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine, within 45
days, whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
vanillin. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated, all
cash deposits posted will be refunded, and suspension of liquidation
will be lifted. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order (APO)
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: June 2, 2025.
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 investigation is vanillin, with
the molecular formula C<INF>8</INF>H<INF>8</INF>O<INF>3</INF> or
C<INF>9</INF>H<INF>10</INF>O<INF>3</INF>. For purposes of this
investigation, vanillin consists of natural vanillin, synthetic
vanillin, bio-sourced synthetic vanillin (biovanillin) (each also
known as 4-Hydroxy-3- methoxybenzaldehyde), and ethylvanillin (also
known as 3-Ethoxy-4- hydroxybenzaldehyde). Vanillin covered by this
investigation is a chemical compound with the Chemical Abstracts
Service (CAS) number 121-33-5 or 121-32-4. Vanillin is covered by
the investigation regardless of whether it is in a crystalline
powder or crystal form. Vanillin is covered by the scope of the
investigation, irrespective of purity, particle size, or physical
form.
Merchandise subject to the investigation is specified within the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 2912.41.0000 and 2912.42.0000. The HTSUS subheadings and
CAS registry numbers are provided for convenience and customs
purposes only. The written description of the merchandise covered by
the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Glyoxylic Acid
Comment 2: Hydroquinone
Comment 3: Financial Statements
Comment 4: Separate Rate Denial
Comment 5: Verification Request
VI. Recommendation
[FR Doc. 2025-10347 Filed 6-5-25; 8:45 am]
BILLING CODE 3510-DS-P
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