```

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 1957-1962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00258]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-192]

Erythritol From the People's Republic of China: Initiation of 
Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Brian Smith, Office VIII, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1766.

SUPPLEMENTARY INFORMATION:

The Petition

    On December 13, 2024, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
erythritol from the People's Republic of China (China) filed in proper 
form on behalf of Cargill, Incorporated (the petitioner), a U.S. 
producer of erythritol.\1\ The AD Petition was accompanied by a 
countervailing duty (CVD) petition concerning imports of erythritol 
from China.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated December 13, 2024 
(Petition).
    \2\ Id.
---------------------------------------------------------------------------

    On December 17, 2024, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in supplemental 
questionnaires.\3\ On December 19, 2024, the petitioner filed timely 
responses to these requests for additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
December 17, 2024 (General Issues Questionnaire); and ``Supplemental 
Questions,'' dated December 17, 2024.
    \4\ See Petitioner's Letters, ``Response to Supplemental 
Petition Questionnaire,'' dated December 19, 2024 (General Issues 
Supplement); and ``Response to Supplemental Petition 
Questionnaire,'' dated December 19, 2024.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of erythritol 
from China are being, or are

[[Page 1958]]

likely to be, sold in the United States at less than fair value (LTFV) 
within the meaning of section 731 of the Act, and that imports of such 
products are materially injuring, or threatening material injury to, 
the erythritol industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petition was accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigation.\5\
---------------------------------------------------------------------------

    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on December 13, 2024, and because 
China is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) for the LTFV 
investigation is April 1, 2024, through September 30, 2024.

Scope of the Investigation

    The product covered by this investigation is erythritol from China. 
For a full description of the scope of this investigation, see the 
appendix to this notice.

Comments on the Scope of the Investigation

    On December 17, 2024, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\6\ On December 19, 2024, the petitioner provided clarifications 
and revised the scope.\7\ The description of merchandise covered by 
this investigation, as described in the appendix to this notice, 
reflects these clarifications.
---------------------------------------------------------------------------

    \6\ See General Issues Questionnaire.
    \7\ See General Issues Supplement at 2-3 and Exhibit GEN-S-2.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on January 22, 2025, which 20 calendar days from the 
signature date of this notice. Any rebuttal comments, which may include 
factual information, and should also be limited to public information, 
must be filed by 5:00 p.m. ET on February 3, 2025, which is the next 
business day after 10 calendar days from the initial comment 
deadline.\10\
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b)(1). The deadline for scope rebuttal 
comments falls on February 1, 2025, which is a Saturday. In 
accordance with 19 CFR 351.303(b)(1), Commerce will accept scope 
rebuttal comments filed by 5:00 p.m. ET on February 3, 2025 (``For 
both electronically filed and manually filed documents, if the 
applicable due date falls on a non-business day, the Secretary will 
accept documents that are filed on the next business day.'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of erythritol to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) accurately, as well as to develop appropriate product 
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
January 22, 2025, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on 
February 3, 2025, which is the next business day after 10 calendar days 
from the initial comment deadline.\12\ All comments and submissions to 
Commerce must be filed electronically using ACCESS, as explained above, 
on the record of the LTFV investigation.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303(b)(1). The deadline for rebuttal 
comments on product characteristics falls on February 1, 2025, which 
is a Saturday. In accordance with 19 CFR 351.303(b)(1), Commerce 
will accept comments filed by 5:00 p.m. ET on February 3, 2025 
(``For both electronically filed and manually filed documents, if 
the applicable due date falls on a non-business day, the Secretary 
will accept documents that are filed on the next business day.'').
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a

[[Page 1959]]

whole of a domestic like product. Thus, to determine whether a petition 
has the requisite industry support, the statute directs Commerce to 
look to producers and workers who produce the domestic like product. 
The U.S. International Trade Commission (ITC), which is responsible for 
determining whether ``the domestic industry'' has been injured, must 
also determine what constitutes a domestic like product in order to 
define the industry. While both Commerce and the ITC apply the same 
statutory definition regarding the domestic like product,\13\ they do 
so for different purposes and pursuant to a separate and distinct 
authority. In addition, Commerce's determination is subject to 
limitations of time and information. Although this may result in 
different definitions of the like product, such differences do not 
render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that erythritol, as defined 
in the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------

    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Antidumping Duty Investigation Initiation Checklist: 
Erythritol from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (China AD Initiation 
Checklist), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Erythritol 
from the People's Republic of China (Attachment II). This checklist 
is on file electronically via ACCESS.
    \16\ See Attachment II of the China AD Initiation Checklist.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2023.\17\ The petitioner 
stated that there are no other known producers of erythritol in the 
United States; therefore, the Petition is supported by 100 percent of 
the U.S. industry.\18\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\19\
---------------------------------------------------------------------------

    \17\ Id.
    \18\ Id.
    \19\ For further discussion, see Attachment II of the China AD 
Initiation Checklist.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\20\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
---------------------------------------------------------------------------

    \20\ Id.
    \21\ Id.; see also section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the China AD Initiation Checklist.
    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports from China exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------

    \25\ For further information regarding negligibility and the 
injury allegation, see China AD Initiation Checklist at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Erythritol from the People's Republic of China (Attachment 
III).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; reduced market share; underselling and price depression and/or 
suppression; lost sales and revenues; and declines in the domestic 
industry's production, capacity utilization, U.S. shipments, employment 
variables, and financial performance.\26\ We assessed the allegations 
and supporting evidence regarding material injury, threat of material 
injury, causation, cumulation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\27\
---------------------------------------------------------------------------

    \26\ See Attachment III of the China AD Initiation Checklist.
    \27\ Id.
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate a LTFV investigation 
of imports of erythritol from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the China AD Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on transaction-specific 
average unit values (AUVs) (i.e., month- and port-specific AUVs) 
derived from official import statistics and tied to ship manifest 
data.\28\ The petitioner made certain adjustments to U.S. price to 
calculate a net ex-factory U.S. price, where applicable.\29\
---------------------------------------------------------------------------

    \28\ See China AD Initiation Checklist.
    \29\ Id.
---------------------------------------------------------------------------

Normal Value

    Commerce considers China to be an NME country.\30\ In accordance 
with

[[Page 1960]]

section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this LTFV investigation. Accordingly, we 
base NV on FOPs valued in a surrogate market economy country in 
accordance with section 773(c) of the Act.
---------------------------------------------------------------------------

    \30\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
---------------------------------------------------------------------------

    The petitioner claims that Malaysia is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of comparable merchandise.\31\ The petitioner provided 
publicly available information from Malaysia to value all FOPs except 
labor.\32\ Consistent with Commerce's recent practice in cases 
involving Malaysia as a surrogate country,\33\ to value labor, the 
petitioner provided data from another surrogate country, the Republic 
of T[uuml]rkiye (T[uuml]rkiye). Based on the information provided by 
the petitioner, we believe it is appropriate to use Malaysia as a 
surrogate country for China to value all FOPs except labor and 
T[uuml]rkiye to value labor for initiation purposes.
---------------------------------------------------------------------------

    \31\ See China AD Initiation Checklist.
    \32\ Id.
    \33\ See, e.g., Certain Collated Steel Staples from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; and Final Determination of No Shipments; 2021-2022, 88 FR 
85242 (December 7, 2023), and accompanying Issues and Decision 
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and 
Tube from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 88 FR 15671 (March 14, 
2023), and accompanying IDM at Comment 2.
---------------------------------------------------------------------------

    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used its own production experience and product-specific 
consumption rates as a surrogate to value Chinese manufacturers' 
FOPs.\34\ Additionally, the petitioner calculated factory overhead, 
selling, general, and administrative expenses, and profit based on the 
experience of a Malaysian producer of comparable merchandise.\35\
---------------------------------------------------------------------------

    \34\ See China AD Initiation Checklist.
    \35\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of erythritol from China are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of EP to 
NV in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins for erythritol from China covered by this initiation 
range from 270.00 to 450.64 percent.\36\
---------------------------------------------------------------------------

    \36\ Id.
---------------------------------------------------------------------------

Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating a LTFV investigation to determine 
whether imports of erythritol are being, or are likely to be, sold in 
the United States at LTFV. In accordance with section 733(b)(1)(A) of 
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petition, the petitioner identified 83 companies in China as 
producers and/or exporters of erythritol.\37\ Our standard practice for 
respondent selection in AD investigations involving NME countries is to 
select respondents based on quantity and value (Q&V) questionnaires in 
cases where Commerce has determined that the number of companies is 
large, and it cannot individually examine each company based upon its 
resources. Therefore, considering the number of producers and/or 
exporters identified in the Petition, Commerce will solicit Q&V 
information that can serve as a basis for selecting exporters for 
individual examination in the event that Commerce determines that the 
number is large and decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are 83 Chinese producers and/or exporters identified in 
the Petition, Commerce has determined that it will issue Q&V 
questionnaires to the largest producers and/or exporters in China that 
are identified in the U.S. Customs and Border Protection POI entry data 
for which there is complete address information on the record.\38\
---------------------------------------------------------------------------

    \37\ See Petition at Volume I (pages I-7 and I-8 and Exhibit I-
5); see also General Issues Supplement at 1 and Exhibit GEN-S-1.
    \38\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated December 31, 2024.
---------------------------------------------------------------------------

    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of erythritol from China that 
do not receive Q&V questionnaires may still submit a response to the 
Q&V questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Chinese producers/exporters no later than 
5:00 p.m. ET on January 16, 2025, which is two weeks from the signature 
date of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). As stated above, instructions for filing such applications 
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely

[[Page 1961]]

Q&V questionnaire response will not receive separate rate 
consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the {weighted average{time}  of the individually 
calculated rates. This practice is referred to as the application of 
``combination rates'' because such rates apply to specific 
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise 
both exported by the firm in question and produced by a firm that 
supplied the exporter during the period of investigation.\39\
---------------------------------------------------------------------------

    \39\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005), at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the Government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of erythritol from China are materially 
injuring, or threatening material injury to, a U.S. industry.\40\ A 
negative ITC determination will result in the investigation being 
terminated.\41\ Otherwise, this LTFV investigation will proceed 
according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \40\ See section 733(a) of the Act.
    \41\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
---------------------------------------------------------------------------

    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\44\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\45\
---------------------------------------------------------------------------

    \44\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letter of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\48\
---------------------------------------------------------------------------

    \48\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: January 2, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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

[[Page 1962]]

with the molecular formula C4H10O4 
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.
    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 are provided 
for convenience and customs purposes, the written description of the 
merchandise covered by this investigation is dispositive.

[FR Doc. 2025-00258 Filed 1-8-25; 8:45 am]
BILLING CODE 3510-DS-P
```