On May 12, 2026, GDLSK successfully obtained judgement from the U.S. Court of International Trade (CIT), in favor of GDLSK clients Neimenggu Fufeng Biotechnologies Co., et al. (Fufeng) which will result in a recalculated zero antidumping duty rate for imports of xanthan gum which entered the United States between July 1, 2020, and June 30, 2021. This is an increasingly rare occurrence in which the U.S. Department of Commerce (DOC), after appeal to the CIT, found a Chinese company not to be dumping.
The CIT judgement reflects the end of a long and hard-fought victory for GDLSK. Fufeng was initially assigned a 17.36% ADD rate for the 2020-21 period. GDLSK appealed the finding to the CIT and was first required to rebut the Government’s contention that Fufeng had failed to exhaust administrative remedies as a technical obstacle to the appeal. The CIT agreed and in December 2024, permitted Fufeng’s appeal to proceed. On remand, the DOC maintained Fufeng’s 17.36% ADD rate. GDLSK was able to demonstrate the unlawfulness of that rate based on the DOC’s valuation of energy inputs. The CIT agreed and in January 2026 invalidated the DOC’s remand calculation. On the second remand, the DOC capitulated and reassigned Fufeng a zero ADD rate. The adjusted rate was affirmed by the CIT in the May 12, 2026 decision.
GDLSK is proud to have achieved this extraordinary result. If you have questions about this appeal or are interested in appealing an unfavorable ADD rate to the CIT, contact GDLSK Partners Dharmendra Choudhary or Jordan Kahn.
