New Trade Case on Imports of Vanillin From China

New U.S. antidumping (“AD”) duty and countervailing duty petitions were filed on June 5 by Solvay USA, LLC (“Solvay” or “Petitioner”) against imports of vanillin from China.

The subject merchandise, vanillin, is the main flavor component in vanilla beans and is responsible for its typical vanilla taste. It is an organic compound, both naturally occurring and synthetically produced. It is used in flavorings, foods, perfumes, and pharmaceuticals. Please see the scope section below for a full description of the proposed subject merchandise.

The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. If the ITC finds that this standard is met, the cases will move to the DOC, which will calculate the preliminary AD and CVD duty margins.

The DOC’s preliminary determinations are currently expected by Aug. 29 (CVD) and Nov. 12 (AD). On the date of publication of DOC’s preliminary determinations, importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.

Importers should also be aware that entries may be subject to cash deposits 90 days before the DOC preliminary determinations if the DOC issues a finding of “critical circumstances,” meaning that imports increased by at least 15 percent following the filing of the petition compared to a similar period (typically three months) before the petition.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available. A schedule of approximate key dates is attached below.

The following are key facts about this trade case:

Petitioner: Solvay USA LLC

Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.

AD/CVD margins:  Petitioner alleged the following AD/CVD margins:

• Antidumping duty margins of 520.08% ad valorem for vanillin and of 551.06% ad valorem for ethylvanillin; and
• Countervailing duty margins above de minimis. 

Merchandise covered by the scope of the case:

The merchandise covered by the investigation is vanillin, with the molecular formula C8H8O3 or C9H10O3. For purposes of this investigation, vanillin consists of natural vanillin, synthetic vanillin (also known as 4-Hydroxy-3-methoxybenzaldehyde), bio-sourced synthetic vanillin (“biovanillin”), 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. Products with the chemical formula C9H10O3 (ethylvanillin) are also included within the scope. 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 investigations, irrespective of purity, particle size, physical form, packaging, or production process.

Merchandise subject to the investigations are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 2912.41.0000 and 2912.42.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the merchandise covered by the investigations is dispositive.

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 member of Clark Hill’s International Trade Business Unit.

Approximate Key Dates*
Antidumping Duty Investigations
Event	No. of Days	Date of Action
Petition Filed	0	6/5/2024
Initiation Date	20	6/25/2024
	ITC Preliminary Investigations**
Questionnaires Due	14	6/19/2024
Request to appear at hearing	18	† 6/23/2024
Hearing	21	6/26/2024
Briefs	26	7/1/2024
ITC Vote	43	7/18/2024
ITC Preliminary Determination	45	† 7/20/2024
	DOC Investigations
DOC Preliminary AD Determination	160	11/12/2024
DOC Final AD Determination	235	† 1/26/2025
	ITC Final Investigations
ITC Final AD Determination	280	3/12/2025
	DOC Final Investigations
DOC AD Publication of Order	287	3/19/2025
Countervailing Duty Investigations
Event	No. of Days	Date of Action
Petition Filed	0	6/5/2024
Initiation Date	20	6/25/2024
ITC Determination of Reasonable Indication of Injury	45	† 7/20/2024
DOC Preliminary CVD Determination	85	8/29/2024
Submission of factual information	95	† 9/8/2024
Request for a hearing	122	† 10/5/2024
Briefs	142	10/25/2024
DOC Final CVD Determination	160	11/12/2024
ITC Final CVD Determination	205	12/27/2024
DOC CVD Publication of Order	212	1/3/2025

* These dates may be extended.

** The ITC preliminary dates may change slightly once the ITC publishes its notice of institution in the Federal Register. When the notice is published, parties will have seven days to file an entry of appearance at the ITC and apply for access to confidential information through counsel under Administrative Protective Order.

† Indicates a deadline that currently falls on a weekend or Federal holiday, which will be extended to the next business day.

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