Notice2026-02562
Erythritol From People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that erythritol 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 (POI) is April 1, 2024, through September 30, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5895-5898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02562]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-192]
Erythritol From 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
erythritol 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 (POI) is April 1, 2024, through September
30, 2024.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: Hannah Lee or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1216 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
Due to the lapse in appropriations and Federal Government shutdown, on
November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\2\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\3\ Accordingly, the deadline for these final
results is now February 4, 2026. For a complete description of the
events that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\4\
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\1\ See Erythritol 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 31962 (July 16, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Erythritol 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 ACCESS. ACCESS is available to registered users
at <a href="http://access.trade.gov">http://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 erythritol from China.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\5\ We received
comments
[[Page 5896]]
from interested parties on the scope of the investigation as it
appeared in the Preliminary Determination. For a summary of the product
coverage comments submitted to the record for this final determination,
and accompanying discussion and analysis of all comments timely
received, see the Final Scope Decision Memorandum.\6\ After analyzing
these comments, we made one change to the scope of the investigation.
Commerce is therefore modifying the scope language as it appeared in
the Initiation Notice and Preliminary Determination. See the scope in
Appendix I to this notice.
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\5\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Erythritol from the People's Republic of
China: Preliminary Scope Decision Memorandum,'' dated July 11, 2025
(Preliminary Scope Memorandum).
\6\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this final determination (Final Scope Decision
Memorandum).
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Verification
Because Commerce found that the mandatory respondents are not
eligible for a separate rate, and are therefore part of the China-wide
entity in this final determination, and because Commerce found that the
China-wide entity has been found to be uncooperative, Commerce did not
conduct verification.\7\
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\7\ See Preliminary Determination.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on analysis of the information and comments received from
interested parties for this final determination, Commerce has made a
change to its preliminary separate rate determination with respect to
Baolingbao Biology Co., Ltd. (Baolingbao). We also made certain changes
to the weighted-average dumping margins assigned to the China-Wide
Entity and to non-examined companies that are eligible for a separate
rate. For a discussion of these changes, see the Issues and Decision
Memorandum.
Application of Adverse Facts Available (AFA) to the China-Wide Entity
Consistent with the Preliminary Determination,\8\ Commerce relied
solely on the use of AFA for the China-wide entity, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), in determining the dumping rate for the China-wide entity.\9\ For
this final determination, we continue to apply AFA to the China-wide
entity. For further discussion, see the Issues and Decision Memorandum.
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\8\ See Preliminary Determination PDM at 17-20.
\9\ See sections 776(a)(1) and (2)(A)-(C) and (b) of the Act.
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Separate Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\10\ Commerce calculated combination rates for the companies that
are eligible for a separate rate. In calculating the rate for separate
rate companies in a non-market economy LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of the Act, which pertains to
the calculation of the all-others rate in a market economy LTFV
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for those companies individually examined, excluding zero and de
minimis rates, and rates based entirely under section 776 of the Act.
There are no estimated weighted-average dumping margins in this final
determination for individually examined companies that are not zero, de
minimis or based entirely under section 776 of the Act. In
investigations where no estimated weighted-average dumping margins
other than zero, de minimis, or those determined entirely under section
776 of the Act have been established for individually examined
entities, in accordance with section 735(c)(5)(B) of the Act, Commerce
typically calculates a simple average of the dumping margins alleged in
the petition and applies the results to all other companies not
individually examined.\11\ However, for this final determination, we
have calculated the estimated weighted-average dumping margin assigned
to the non-examined separate rate companies based on data included in
the petition and surrogate value submissions. See the Issues and
Decision Memorandum for further discussion.
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\10\ 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 at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
\11\ See, e.g., Certain Preserved Mushrooms from Spain: Final
Affirmative Determination of Sales Less Than Fair Value, 88 FR 18120
(March 27, 2023).
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Combination Rates
Consistent with the Preliminary Determination,\12\ and Policy
Bulletin 05.1,\13\ Commerce calculated producer/exporter combination
rates for the non-examined companies that are eligible for a separate
rate in this final determination.
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\12\ See Preliminary Determination.
\13\ See Policy Bulletin 05.1.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period April 1, 2024, through September
30, 2024:
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Cash deposit
Weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
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Beijing Refine Biology Co., Ltd............... Chuzhou Refine Biology Co., Ltd. 85.04 84.95
Hunan Nutramax Inc............................ Hunan Nutramax Inc.............. 85.04 84.95
Shandong Newnature Biotechnology Co., Ltd..... Shandong Sanyuan Biotechnology 85.04 84.95
Co., Ltd.
Baolingbao Biology Co., Ltd................... Baolingbao Biology Co., Ltd..... 85.04 84.86
China-Wide Entity............................. ................................ * 184.26 184.26
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* This rate is based on facts available with adverse inferences.
[[Page 5897]]
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination 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).
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we instructed
U.S. Customs and Border Protection (CBP) 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 July 16, 2025, the date of publication in the
Federal Register of the Preliminary Determination.
In accordance with section 733(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after January
12, 2026, the first day provisional measures were no longer in effect,
but to continue the suspension of liquidation of all entries of subject
merchandise on or before January 11, 2026.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue an antidumping duty
order, reinstate the suspension of liquidation under section 736(a) of
the Act, and require a cash deposit of estimated antidumping duties for
entries of subject merchandise in the amounts indicated above,
effective on the date of publication of the ITC's affirmative final
determination in the Federal Register. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated, and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon resumption of suspension of liquidation, Commerce will
also instruct CBP to require a cash deposit for estimated antidumping
duties for appropriate entries as follows: (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 subject merchandise that
have not established eligibility for a separate rate, the cash deposit
rate will be equal to the cash deposit rate listed for the China-wide
entity in the table above; and (3) for all third-country exporters of
the subject merchandise that are not listed in the table above, the
cash deposit rate is the cash deposit rate applicable to the Chinese
producer/exporter combination or the China-wide entity that supplied
that third-country exporter. These suspension of liquidation
instructions will remain in effect until further notice.
To determine the cash deposit rates as the result of an LTFV
investigation, Commerce normally adjusts the estimated weighted-average
dumping margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation.. Accordingly, where
Commerce has made a final affirmative determination of countervailable
export subsides, Commerce offsets the estimated weighted average
dumping margins in the LTFV investigation by the appropriate export
subsidy rate from the companion CVD investigation. As Commerce made an
affirmative determination for export subsidies, we have offset the
calculated estimated weighted-average dumping margins in the above
table by the appropriate export subsidy rates to calculate the
applicable cash deposit rates. In the companion CVD final
determination, Commerce determined that Sanyuan did not benefit from
export subsidies, Baolingbao had an export subsidy rate of 0.18
percent, and all-other companies had an export subsidy rate of 0.09
percent.\14\ With respect to the China-wide entity, as AFA, the export
subsidy offset is equal to the lesser of the export subsidy rates found
for any company in the CVD final determination because the source of
the U.S. price in the AFA rate applied to the China-wide entity is not
publicly known, i.e., 0.00. Therefore, there continues to be no offset
for export subsidies for the estimated weighted-average dumping margin
determined for the China-wide entity.
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\14\ See Erythritol from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, dated concurrently
with this notice.
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U.S. International Trade Commission (ITC)
In accordance with section 735(d) of the Act, we will notify the
ITC of this affirmative final determination of sales at LTFV. Because
the final determination in this investigation is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of erythritol no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits 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 instructions by Commerce, antidumping duties on all imports of
the subject merchandise that are entered, or withdrawn from warehouse,
for consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Suspension of Liquidation''
section.
Administrative Protective Order (APO)
This notice serves 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 sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: February 4, 2026.
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 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 C4 H10
O4 and a Chemical Abstracts 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-
Tetrahydryoxybutane.
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 this investigation covers
all physical forms and grades of erythritol, including organic
erythritol.
[[Page 5898]]
The merchandise covered by this investigation is classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 2905.49.4000. Erythritol may also enter under HTSUS
subheading 2106.90.9998. Although the HTSUS subheadings and the CAS
registry number are provided for convenience and customs purposes,
the written description of the merchandise covered by this
investigation is dispositive.
Specifically excluded from the scope are certain tabletop sugar
substitute products that contain erythritol as an ingredient.
Tabletop sugar substitute products include erythritol as an
ingredient as well as a high intensity sweeter such as monk fruit,
stevia, sucralose, aspartame, and saccharin. The following tabletop
sugar substitute products are excluded: finished goods packaged and
labeled for retail sale or individual consumption.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Adjustments to Cash Deposit Rates for Export Subsidies
IV. Separate Rates
V. Changes Since the Preliminary Determination
VI. Rate Selection for Separate Rate Companies
VII. Discussion of the Issues
Comment 1: Sanyuan's Separate Rate Status
Comment 2: Application of AFA to Sanyuan as Part of the China-
Wide Entity
Comment 3: Commerce's Placement of Factual Information on the
Record
Comment 4: Sanyuan's Request for On-Site Verification
Comment 5: Baolingbao's Separate Rate Status
Comment 6: Baolingbao's Request to be a Voluntary Respondent
VIII. Recommendation
[FR Doc. 2026-02562 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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