India Oleoresin Paprika: New AD/CVD Investigations Deadlines & Scope
The Commerce Department recently initiated antidumping duty and countervailing duty investigations on oleoresin paprika from India (A-533-938/C-533-939). The AD investigation period is April 1, 2024, through March 31, 2025. The CVD investigation period is calendar year 2024.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized oleoresin paprika are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Aug. 11 according to a Commerce fact sheet, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in September for CVD and in December for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially set new AD/CVD cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will select respondents for individual examination in its AD/CVD investigations based on CBP import data. Comments on respondent selection are due July 25.
Scope of the AD/CVD Investigations
"The merchandise covered by the scope of this investigation is the coloring additive oleoresin paprika. Oleoresin paprika is a viscous, highly colored liquid in various shades of red or orange made from the extract of Capsicum peppers. Covered merchandise includes all oleoresin paprika, regardless of pepper variety, with an American Spice Trade Association (ASTA) value of at least 500 or a color unit (CU) value of at least 20,000 as determined by spectrophotometric measurement. The Chemical Abstracts Service (CAS) Registry numbers for oleoresin paprika are 68917-78-2 and 84625-29-6; the Center for Food Safety and Applied Nutrition (CFSAN) number is 977006-45-3; the Flavoring Extract Manufacturers' Association (FEMA) number is 2834; and the E number is E160c. Subject oleoresin paprika may also be referred to by other product names, including, but not limited to, paprika oleoresin, oleoresin of paprika, paprika extract, extract of paprika, paprika oil or paprika essential oil.
"Subject oleoresin paprika may be blended with oil or water prior to importation or may be imported in its crude or unstandardized form. Subject oleoresin paprika may also be blended with emulsifiers or preservatives. The scope includes all oleoresin paprika meeting the specifications above regardless of whether blended with or soluble in oil or water, and regardless of weight, pungency, quality, solvent content or additives. Further, the scope includes crude or unstandardized oleoresin paprika that has been blended, finished, packaged or otherwise processed in a third country, if the blending, finishing, packaging, or processing performed would not otherwise remove the merchandise from the scope. Oleoresin paprika that is otherwise subject to this investigation is not excluded when commingled with oleoresin paprika from sources not subject to this investigation, or when commingled with other oleoresins. Only the subject component of such commingled products is covered by the scope of this investigation.
"The merchandise subject to this investigation is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3203.00.8000 and 3301.90.1010. Subject merchandise may also enter under HTSUS subheading 1301.90.9190, 1302.19.9140, and 3205.00.0500. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive."
Comments on the scope of these investigations are due by 5 p.m. EDT on Aug. 4.