Cargill Files New Trade Case Against Imports of Erythritol from the People’s Republic of China
The Petition
U.S. producer Cargill Incorporated (“Cargill” or “Petitioner”) filed a new petition against imports of erythritol from China, alleging that the imports are dumped and unfairly subsidized. Cargill’s petition asks the U.S. government to impose antidumping (“AD”) and countervailing duties (“CVD”) on these imports from China.
Erythritol is a natural zero-calorie bulk sweetener with a look and taste similar to sugar. It typically appears as a white crystalline, odorless product that rapidly dissolves in water. Erythritol is most commonly used as a clean-tasting natural alternative to sugar, but can also be used as a flavor modifier, formulation aid, humectant, stabilizer, thickener, sequestrant, texturizer, and pharmaceutical excipient. It is often used as an ingredient in beverages, sweet biscuits, cookies, dairy, and dessert products. It is also used in chewing gums, personal care and cosmetics, health and nutrition products, chocolate confectionaries, and snacks and cereal bars. It has a zero glycemic index and is highly digestible, making it an ideal zero-calorie sugar replacer. It is preferred over other types of sweeteners and sugar because of certain unique characteristics, including that it has shelf-life enhancing functionality, is highly stable at a wide range of pH levels, depresses freezing points, resists high heat, and has oral health benefits.
It may also be blended with other types of sweeteners or sugars to achieve reductions in calories or different flavor effects, such as erythritol’s cooling effect in the mouth. Please see below for the full text of the proposed scope for the investigations.
Key Facts
Petitioner: Cargill
Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill’s international trade team for a listing of individual importers and exporters named in the petitions.
AD/CVD margins: Petitioners alleged the following AD and CVD margins:
- China: AD margins from 270% to 450.64%, ad valorem, and a CVD margin above de minimis.
The Investigation
The U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct the investigations. The ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margins that importers will need to pay on their entries.
Importers will be required to deposit the calculated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC’s preliminary determinations are currently expected by March 10, 2025 (CVD) and May 22, 2025 (AD). Importers should be aware that entries may be subject to cash deposits before these dates if the DOC finds that there is a surge of imports after the petition was filed.
Next Steps
All U.S. importers and foreign producers are advised to prepare as soon as possible due to the strict statutory deadlines in these cases. If this product is of interest to you, please contact Clark Hill’s international trade team so that we can provide you with additional information.
A schedule of approximate key dates is attached below.
The Scope
The following language describes the imported merchandise that Petitioners intend to cover in these investigations:
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.
| Approximate Key Dates* | ||
| Antidumping Duty Investigation | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 12/13/2024 |
| DOC Initiation Date | 20 | 1/2/2025 |
| DOC Q&V Questionnaires | 44 | 1/27/2025 |
| ITC Preliminary Determination | 45 | 1/27/2025 |
| DOC Separate Rate Applications | 50 | 2/3/2025 |
| DOC Preliminary AD Determination | 160 | 5/22/2025 |
| DOC Final AD Determination | 235 | 8/5/2025 |
| ITC Final AD Determination | 280 | 9/19/2025 |
| DOC AD Publication of Order | 287 | 9/26/2025 |
| Countervailing Duty Investigation | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 12/13/2024 |
| DOC Initiation Date | 20 | 1/2/2025 |
| DOC Q&V Questionnaires | 44 | 1/27/2025 |
| ITC Preliminary Determination | 45 | 1/27/2025 |
| DOC Preliminary CVD Determination | 85 | 3/10/2025 |
| Request for a DOC Hearing | 122 | 4/14/2025 |
| DOC Final CVD Determination | 160 | 5/22/2025 |
| ITC Final CVD Determination | 205 | 7/7/2025 |
| DOC CVD Publication of Order | 212 | 7/14/2025 |
Contact Clark Hill
If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Sally Alghazali (salghazali@clarkhill.com; 202-572-8676), or other members of Clark Hill’s International Trade Business Unit.
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