BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-173]
Vanillin from the People’s Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY:

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

DATES:

Applicable June 25, 2024.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 4822769.
SUPPLEMENTARY INFORMATION:
The Petition
On June 5, 2024, the U.S. Department of Commerce (Commerce) received a
countervailing duty (CVD) petition concerning imports of vanillin from the People’s Republic of
China (China) filed in proper form on behalf of Solvay USA LLC (the petitioner), a domestic
producer of vanillin.1 The Petition was accompanied by an antidumping duty (AD) petition
concerning imports of vanillin from China.2
On June 7, 14, and 18, 2024, Commerce requested supplemental information from the
petitioner regarding the Petition, to which the petitioner responded on June 11, 18, and 21, 2024,
respectively.3
See Petitioner’s Letter, “Petitions for the Imposition of Antidumping and Countervailing Duties” dated June 5,
2024 (Petition).
2 Id.
3 See Commerce’s Letters, “Supplemental Questions,” dated June 7, 2024 (First General Issues Questionnaire);
“Supplemental Questions,” dated June 14, 2024, and “Supplemental Questions,” dated June 18, 2024; see also
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 Chinese producers of vanillin, and
that such imports are materially injuring, or threatening material injury to, the industry producing
vanillin in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), the alleged programs for which we are initiating this CVD investigation are
supported by information in the Petition that is reasonably available to the petitioner.
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.4
Period of Investigation
Because the Petition was filed on June 5, 2024, the period of investigation (POI) is
January 1, 2023, through December 31, 2023.5
Scope of the Investigation
The merchandise covered by this investigation is vanillin from China. For a full
description of the scope of this investigation, see the appendix to this notice.
Comments on Scope of the Investigation
Between June 7 and June 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

Memorandum, “Phone Call with Counsel to the Petitioner,” dated June 17, 2024 (June 17 Memorandum); see also
Petitioner’s Letters, “Petitioner’s Response to Supplemental Questions Regarding Common Issues and Injury
Volume I of the Petitions,” dated June 11, 2024 (First General Issues Supplement); “Petitioner’s Response to
Supplemental Questions Regarding Common Issues and Injury Volume I of the Petitions” dated June 18, 2024
(Second General Issues Supplement); and “Petitioner’s Response to Supplemental Questions Regarding
Countervailing Duties Allegations Volume III of the Petitions,” dated June 21, 2024.
4 See section on “Determination of Industry Support for the Petition,” infra.
5 See 19 CFR 351.204(b)(2).
6 See First General Issues Questionnaire; see also June 17 Memorandum.

Between June 11 and 18, 2024, the petitioner provided clarifications and revised the scope
language.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 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, all such factual information should be limited to public information.9 To facilitate
preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00
p.m. Eastern Time (ET) on July 15, 2024, which is 20 calendar days from the signature date of
this notice. Any rebuttal scope comments, which may include factual information, must be filed
by 5:00 p.m. ET on July 25, 2024, which is 10 calendar days from the initial comment deadline.
Commerce requests that any factual information that the parties consider relevant to the
scope of the investigation be submitted during the time period identified above. However, if a
party subsequently finds that additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and request permission to
submit the additional information. All scope comments must also be filed 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

See First General Issues Supplement at 2-4 and Exhibits I-Supp-2 and I-Supp-3; see also Second General Issues
Supplement at 2-3.
8 See Antidumping Duties; Countervailing Duties, 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”).
System (ACCESS), unless an exception applies.10 An electronically filed document must be
received successfully in its entirety by the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOC of
the receipt of the Petition and provided an opportunity for consultations with respect to the
Petition.11 The GOC did not request consultations.
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic
industry. Section 702(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 702(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 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

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
https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
11 See Commerce’s Letter “Invitation for Consultations to Discuss the Countervailing Duty Petition on Vanillin from
the People’s Republic of China,” dated June 12, 2024.
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 must
apply the same statutory definition regarding the domestic like product,12 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.13
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.14 Based on our analysis of the
information submitted on the record, we have determined that vanillin, as defined in the scope,
constitutes a single domestic like product, and we have analyzed industry support in terms of that
domestic like product.15
In determining whether the petitioner has standing under section 702(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 2023 production of the domestic like

See section 771(10) of the Act.
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 865 F. 2d 240 (Fed. Cir. 1989)).
14 See Petition at Volume I (pages 7-9 and Exhibit I-8); see also First General Issues Supplement at 7-8 and Exhibits
I-Supp-3.
15 For a discussion of the domestic like product analysis as applied to this case and information regarding industry
support, see Checklist, “Vanillin from the People’s Republic of China,” dated concurrently with, and hereby adopted
by, this notice (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Vanillin from the People’s Republic of China. This
checklist is on file electronically via ACCESS.
12
product.16 The petitioner estimated the production of the domestic like product for the remaining
U.S. producers of vanillin based on its knowledge of the industry.17 We relied on data provided
by the petitioner for purposes of measuring industry support.18
Our review of the data provided in the Petition, the First General Issues Supplement, the
Second General Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the Petition.19 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).20 Second, the domestic
producers (or workers) have met the statutory criteria for industry support under section
702(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.21 Finally, the
domestic producers (or workers) have met the statutory criteria for industry support under
section 702(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.22
Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry
within the meaning of section 702(b)(1) of the Act.23
Injury Test

See Petition at Volume I (Exhibits I-2 and I-11); see also First General Issues Supplement at 5, 8, and Exhibits ISupp-4 and I-Supp-7.
17 See Petition at Volume I (page 2 and Exhibit I-2); see also First General Issues Supplement at 5-7 and Exhibits ISupp-4, I-Supp-5, I-Supp-8 and I-Supp-9; and Second General Issues Supplement at 1-2.
18 See Petition at Volume I (page 2 and Exhibits I-2 and I-11); see also First General Issues Supplement at 5-8 and
Exhibits I-Supp-4 and I-Supp-7; and Second General Issues Supplement at 1-2.
19 See Attachment II of the China CVD Initiation Checklist.
20 Id.; see also section 702(c)(4)(D) of the Act.
21 See Attachment II of the China CVD Initiation Checklist.
22 Id.
23 Id.
Because China is a “Subsidies Agreement Country” within the meaning of section 701(b)
of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must
determine whether imports of the subject merchandise from China materially injure, or threaten
material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are benefitting from
countervailable subsidies and that such imports are causing, or threaten to cause, material injury
to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the
Act.24
The petitioner contends that the industry’s injured condition is illustrated by a significant
volume of subject imports; significant market share of subject imports; underselling and price
depression and/or suppression; decline in financial performance and operating income; declines
in production, shipments, capacity utilization, and employment variables; and lost sales and
revenues.25 We assessed the allegations and supporting evidence regarding material injury,
threat of material injury, causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the statutory requirements for
initiation.26
Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental responses, we find that
they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD
investigation to determine whether imports of vanillin from China benefit from countervailable
subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR

See Petition at Volume I (pages 11-12 and Exhibit I-10).
Id. at 10-21 and Exhibits I-5 and I-9 through I-15.
26 See China CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury
and Causation for the Antidumping and Countervailing Duty Petitions Covering Vanillin from the People’s
Republic of China.
24
351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Based on our review of the Petition, we find that there is sufficient information to initiate
a CVD investigation on all 56 programs alleged by the petitioner. For a full discussion of the
basis for our decision to initiate an investigation of each program, see the CVD Initiation
Checklist. A public version of the initiation checklist for this investigation is available in
ACCESS.
Respondent Selection
The petitioner identified 42 companies in China as producers and/or exporters of
vanillin.27 Commerce intends to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in this investigation. In the event that Commerce determines that
the number of companies identified is large, and it cannot individually examine each company
based upon Commerce’s resources, Commerce intends to select mandatory respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports of vanillin from China during
the POI under the appropriate Harmonized Tariff Schedule of the United States subheading(s)
listed in the “Scope of the Investigation” in the appendix.
On June 20, 2024, Commerce released CBP data on imports of vanillin from China under
administrative protective order (APO) to all parties with access to information protected by APO
and indicated that interested parties wishing to comment on CBP data and/or respondent
selection must do so within three business days of the date of publication of this notice in the
Federal Register.28 Comments must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or
respondent selection.

27
See Petition at Exhibit I-7.
See Memorandum, “Release of U.S. Customs and Border Protection Entry Data,” dated June 20, 2024.

Interested parties must submit applications for disclosure under APO in accordance with
19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s
website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of
the public version of the Petition has been provided to the GOC via ACCESS. Furthermore, to
the extent practicable, Commerce 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 its initiation, as required by section 702(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 subject imports are materially injuring, or
threatening material injury to, a U.S. industry.29 A negative ITC determination will result in the
investigation being terminated.30 Otherwise, this CVD 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 of production 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

29
See section 703(a)(1) of the Act.
Id.

submitted31 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.32 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(c), 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 351.301.33 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, Commerce 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; Commerce will grant untimely filed requests for the extension of time limits only in
limited cases where we determine, based on 19 CFR 351.302(c), that extraordinary
circumstances exist. Parties should review Commerce’s regulations concerning time limits for
submission of factual information prior to submitting factual information in this investigation.34

See 19 CFR 351.301(b).
See 19 CFR 351.301(b)(2).
33 See 19 CFR 351.302.
34 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), and
Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the
Antidumping and Countervailing Duty Laws, 89 FR 20766 (March 25, 2024).
31
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to
the accuracy and completeness of that information.35 Parties must use the certification formats
provided in 19 CFR 351.303(g).36 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 administrative protective
order 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
letters of appearance). Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).37
This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19
CFR 351.203(c).
Dated: June 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

See section 782(b) of the Act.
See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final
Rule, available at: https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
37 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty
Proceedings, 88 FR 67069 (September 29, 2023).
35
Appendix
Scope of the Investigation
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, bio-sourced synthetic vanillin (biovanillin) (each also known as 4-Hydroxy-3methoxybenzaldehyde), 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. 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
investigation, irrespective of purity, particle size, or physical form.
Merchandise subject to the investigation is specified within the Harmonized Tariff Schedule of
the United States (HTSUS) under subheading 2912.41.0000 and 2912.42.0000. The HTSUS
subheadings and CAS registry numbers are provided for convenience and customs purposes
only. The written description of the merchandise covered by the investigation is dispositive.
[FR Doc. 2024-14458 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]