Notice2026-06008
Erythritol From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
Primary source
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
March 27, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on erythritol from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Notices]
[Pages 14812-14815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06008]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-192, C-570-193]
Erythritol From the People's Republic of China: Antidumping Duty
and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on erythritol from the People's
Republic of China (China).
DATES: Applicable March 27, 2026.
FOR FURTHER INFORMATION CONTACT: Hannah Lee and Brian Smith (AD), or
Christopher Doyle (CVD), AD/CVD Operations, Offices VIII and IX,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-1216, (202) 482-1766, and (202) 482-5882,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on February 10, 2026, Commerce published
its affirmative final determination of sales at less than fair value
(LTFV) for erythritol from China,\1\ and its affirmative final
determination that countervailable subsidies are being provided to
producers and exporters of erythritol from China.\2\
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\1\ See Erythritol from the People's Republic of China: Final
Affirmative Determination of Sales at Less-Than-Fair-Value, 91 FR
5895 (February 10, 2026) (AD Final Determination).
\2\ See Erythritol from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, 91 FR 5920 (February
10, 2026).
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On March 23, 2026, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of LTFV imports of erythritol from China, and subsidized imports of
erythritol from China, within the meaning of sections 705(b)(1)(A)(i)
and 735(b)(1)(A)(i) of the Act.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated March 23, 2026 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is erythritol from China. For a
complete description of the scope of the orders, see the appendix to
this notice.
AD Order
On March 23, 2026, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of erythritol
from China that is sold in the United States at LTFV.\4\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Because the ITC determined that imports of
erythritol from China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from China, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\4\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce intends to direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed
[[Page 14813]]
export price) of the merchandise on all relevant entries of erythritol
from China. Antidumping duties will be assessed on unliquidated entries
of erythritol from China entered, or withdrawn from warehouse, for
consumption on or after July 16, 2025, the date of publication of the
AD Preliminary Determination,\5\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination, as further
described below.
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\5\ See Erythritol from 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) (AD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, Commerce intends to instruct CBP to reinstitute the suspension
of liquidation of erythritol from China, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register in accordance with section 736 of the Act. These
instructions suspending liquidations will remain in effect until
further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant export subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the table below. The rate for
the China-wide entity applies to all producers and exporters not
specifically listed, as appropriate. These cash deposit requirements
will remain in effect until further notice.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Weighted-average Cash deposit rate
Exporter Producer dumping margin (adjusted for subsidy
(percent) offsets) (percent) \6\
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Beijing Refine Biology Co., Ltd...... Chuzhou Refine Biology 85.04 84.95
Co., Ltd.
Hunan Nutramax Inc................... Hunan Nutramax Inc..... 85.04 84.95
Shandong Newnature Biotechnology Co., Shandong Sanyuan 85.04 84.95
Ltd. Biotechnology Co., Ltd.
Baolingbao Biology Co., Ltd.......... Baolingbao Biology Co., 85.04 84.86
Ltd.
China-wide Entity.................... * 184.26 184.26
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* This rate is based on facts available with adverse inferences.
Provisional Measures--AD
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\6\ See AD Final Determination, 91 FR at 5897.
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Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of erythritol from China, Commerce extended the four-month
period to no more than six months.\7\ In the underlying investigation,
Commerce published the AD Preliminary Determination on July 16, 2025.
Therefore, the six-month period beginning on the date of the
publication of the AD Preliminary Determination ended on January 11,
2026. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of erythritol from China entered, or withdrawn from warehouse, for
consumption on or after January 12, 2026, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
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\7\ See AD Preliminary Determination.
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CVD Order
As stated above, on March 23, 2026, the ITC notified Commerce of
its final determination that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of erythritol from China.\8\
Therefore, in accordance with section 705(c)(2) of the Act, Commerce is
issuing this CVD order. Moreover, because the ITC determined that
imports of erythritol from China are materially injuring a U.S.
industry, unliquidated entries of subject merchandise from China
entered, or withdrawn from warehouse, for consumption, are subject to
the assessment of countervailing duties.
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\8\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instructions by Commerce,
countervailing duties on all relevant entries of erythritol from China,
which are entered, or withdrawn from warehouse, for consumption on or
after May 16, 2025, the date of publication of the CVD Preliminary
Determination,\9\ but will not include entries occurring after the
expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described below.
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\9\ See Erythritol from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 90 FR 21000 (May 16, 2025) (CVD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of erythritol
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction
[[Page 14814]]
by Commerce, pursuant to section 706(a)(1) of the Act, countervailing
duties on each entry of subject merchandise in an amount based on the
net countervailable subsidy rates below. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final injury determination in the Federal Register, CBP will require,
at the same time as importers would normally deposit estimated customs
duties on this merchandise, a cash deposit equal to the rates listed in
the table below.\10\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate. These cash
deposit requirements will remain in effect until further notice.
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\10\ See section 706(a)(3) of the Act.
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Estimated Countervailing Subsidy Rates
The estimated countervailing subsidy rates are as follows:
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Subsidy rate
Company (percent ad
valorem)
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Baolingbao Biology Co., Ltd............................. 4.54
Shandong Sanyuan Biotechnology Co., Ltd................. 8.63
All Others.............................................. 8.12
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on May 16, 2025.\11\ As such, the four-month
period beginning on the date of the publication of the CVD Preliminary
Determination ended on September 12, 2025.
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\11\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of erythritol from China or withdrawn from warehouse, for
consumption, on or after September 13, 2025, the first date on which
the provisional measures were no longer in effect, until and through
the day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\12\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\13\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\12\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\13\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \14\
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\14\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\15\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\15\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for the Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \16\ Accordingly, as stated
above, the petitioner and the Government of China (GOC) should submit
their initial entries of appearance after publication of this notice in
order to appear in the first annual inquiry service lists for these
orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the GOC
will not need to resubmit their entries of appearance each year to
continue to be included on the annual inquiry service list. However,
the petitioner and the GOC are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\16\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
erythritol from China, pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of AD and CVD orders currently
in effect at <a href="https://www.trade.gov/datavisualization/adcvd-proceedings">https://www.trade.gov/datavisualization/adcvd-proceedings</a>.
These AD and CVD orders are issued and published in accordance with
sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b).
[[Page 14815]]
Dated: March 24, 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
Scope of the Orders
The product within the scope of these orders 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 these orders covers all
physical forms and grades of erythritol, including organic
erythritol.
The merchandise covered by these orders 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 these orders 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.
[FR Doc. 2026-06008 Filed 3-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 27, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.