Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 1957 

1See Paper File Folders from Cambodia: 

Initiation of Countervailing Duty Investigation, 89 

FR 91331 (November 19, 2024). 

2The petitioner is the Coalition of Domestic 

Folder Manufacturers. 

3See Petitioner’s Letter, ‘‘Petitioner’s Request For 

Postponement of the Preliminary Determination,’’ 

dated December 19, 2024. 

4 Id. 

5Postponing the preliminary determination to 

130 days after the date of initiation would place the 

deadline on Saturday, March 22, 2025. Commerce’s 

practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate 

deadline is the next business day. See Notice of 

Clarification: Application of ‘‘Next Business Day’’ 

Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 

FR 24533 (May 10, 2005). 

1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated December 13, 2024 (Petition). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated December 17, 2024 (General 

Issues Questionnaire); and ‘‘Supplemental 

Questions,’’ dated December 17, 2024. 

4See 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. 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Departmental PRA Clearance Officer, Office 

of the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2025–00270 Filed 1–8–25; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–555–006] 

Paper File Folders From the Kingdom 

of Cambodia: Postponement of 

Preliminary Determination in the 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 10, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler or Brandon James, 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) 482–6241 

and (202) 482–7472, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 12, 2024, the U.S. 

Department of Commerce (Commerce) 

initiated the countervailing duty (CVD) 

investigation of imports of paper file 

folders from the Kingdom of Cambodia 

(Cambodia).1 Currently, the preliminary 

determination is due no later than 

January 16, 2025. 

Postponement of Preliminary 

Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a CVD investigation 

within 65 days after the date on which 

Commerce initiated the investigation. 

However, section 703(c)(1) of the Act 

permits Commerce to postpone the 

preliminary determination until no later 

than 130 days after the date on which 

Commerce initiated the investigation if: 

(A) the petitioner 2 makes a timely 

request for a postponement; or (B) 

Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On December 19, 2024, the petitioner 

submitted a timely request that 

Commerce postpone the preliminary 

CVD determination.3 The petitioner 

stated that it requests postponement for 

Commerce to analyze initial responses 

and to issue supplemental 

questionnaires prior to making its 

preliminary CVD determination.4

In accordance with 19 CFR 

351.205(e), the petitioner submitted its 

request for postponement of the 

preliminary determination in this 

investigation 25 days or more before the 

scheduled date of the preliminary 

determination and has stated the 

reasons for requesting a postponement 

of the preliminary determination, and 

Commerce finds no compelling reason 

to deny the request. Therefore, in 

accordance with section 703(c)(1)(A) of 

the Act, Commerce is postponing the 

deadline for the preliminary 

determination to no later than 130 days 

after the date on which the investigation 

was initiated, i.e., March 24, 2025.5

Pursuant to section 705(a)(1) of the Act 

and 19 CFR 351.210(b)(1), the deadline 

for the final determination of the 

investigation will continue to be 75 days 

after the date of the preliminary 

determination. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 703(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: January 3, 2025. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2025–00326 Filed 1–8–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–192] 

Erythritol From the People’s Republic 

of China: Initiation of Less-Than-FairValue 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

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

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 


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5See section on ‘‘Determination of Industry 

Support for the Petition,’’ infra. 

6See General Issues Questionnaire. 

7See General Issues Supplement at 2–3 and 

Exhibit GEN–S–2. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See 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.’’). 

11See 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. 

12See 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.’’). 

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

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. 

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

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. 

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. 

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 


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13See section 771(10) of the Act. 

14See 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)). 

15For 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. 

16See Attachment II of the China AD Initiation 

Checklist. 

17 Id. 

18 Id. 

19For further discussion, see Attachment II of the 

China AD Initiation Checklist. 

20 Id. 

21 Id.; see also section 732(c)(4)(D) of the Act. 

22See Attachment II of the China AD Initiation 

Checklist. 

23 Id. 

24 Id. 

25For 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). 

26See Attachment III of the China AD Initiation 

Checklist. 

27 Id. 

28See China AD Initiation Checklist. 

29 Id. 

30See, 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 LessContinued 

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

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

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

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

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

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

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 portspecific 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

Normal Value 

Commerce considers China to be an 

NME country.30 In accordance with 


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Than-Fair Value and Final Affirmative 

Determination of Critical Circumstances, 88 FR 

34485 (May 30, 2023). 

31See China AD Initiation Checklist. 

32 Id. 

33See, 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. 

34See China AD Initiation Checklist. 

35 Id. 

36 Id. 

37See 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. 

38See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Entry Data,’’ dated December 

31, 2024. 

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. 

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 Tu ̈rkiye 

(Tu ̈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 Tu ̈rkiye to value 

labor for initiation purposes. 

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 productspecific 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

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

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

Commerce will post the Q&V 

questionnaires along with filing 

instructions on Commerce’s website at 

https://www.trade.gov/ec-adcvd-caseannouncements. 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/administrativeprotective-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 


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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 1961 

39See 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. 

40See section 733(a) of the Act. 

41 Id. 

42See 19 CFR 351.301(b). 

43See 19 CFR 351.301(b)(2). 

44See 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. 

45See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

46See section 782(b) of the Act. 

47See 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. 

48See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

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}hile continuing the practice of 

assigning separate rates only to exporters, all 

separate rates that {Commerce} 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} 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

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. 

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. 

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

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. 

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

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 


khammond on DSK9W7S144PROD with NOTICES
1962 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties,’’ December 13, 2024 (Petition). 

2 Id. 

3See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated December 17, 2024 (General 

Issues Questionnaire); and ‘‘Supplemental 

Questions,’’ dated December 17, 2024. 

4See 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. 

5See section on ‘‘Determination of Industry 

Support for the Petition,’’ infra. 

6See 19 CFR 351.204(b)(2). 

7See General Issues Questionnaire. 

8See General Issues Supplement at 2–3 and 

Exhibit GEN–S–2. 

9See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 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.’’). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–193] 

Erythritol From the People’s Republic 

of China: Initiation of Countervailing 

Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable January 2, 2025. 

FOR FURTHER INFORMATION CONTACT: Ajay 

Menon, Office IX, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0208. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On December 13, 2024, the U.S. 

Department of Commerce (Commerce) 

received a countervailing duty (CVD) 

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 CVD 

Petition was accompanied by an 

antidumping duty (AD) petition 

concerning imports of erythritol from 

China.2

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

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of 

erythritol in China, and that such 

imports are materially injuring, or 

threatening material injury to, the 

domestic industry producing erythritol 

in the United States. Consistent with 

section 702(b)(1) of the Act and 19 CFR 

351.202(b), for those alleged programs 

on which we are initiating a CVD 

investigation, 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 with respect to the initiation of 

the requested CVD investigation.5

Period of Investigation 

Because the Petition was filed on 

December 13, 2024, the period of 

investigation for the CVD investigation 

is January 1, 2023, through December 

31, 2023.6

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.7 On 

December 19, 2024, the petitioner 

provided clarifications and revised the 

scope.8 The description of merchandise 

covered by this investigation, as 

described in the appendix to this notice, 

reflects these clarifications. 

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).9 Commerce will consider 

all 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, all such 

factual information should be limited to 

public information.10 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.11

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the investigation 

be submitted during that time 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 AD 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), 


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