Rezolex files new trade case against imports of Oleoresin Paprika from India

Rezolex, Ltd. Co. (“Petitioner” or “Rezolex”) filed new petitions against imports of oleoresin paprika (“ORP”) from India. The antidumping (“AD”) petition alleges that the imports from India are sold at less than fair value. The countervailing duty (“CVD”) petition alleges that the imports are unfairly subsidized by the government of India.

ORP is a liquid coloring additive. It is a viscous, highly-colored liquid with a red or orange tint. ORP is a liquid extract of the dried fruits of Capsicum peppers that have been ground into powder (i.e., paprika). Capsicum peppers include annum varieties such as sweet paprika, cayenne, chili, Christmas, red, and ornamental chili peppers, as well as frutescens varieties such as tobacco and piri piri peppers. ORP is made using solvent extraction to remove color from dried, ground Capsicum peppers. ORP is used only to impart color and is not used as a spice to flavor food. ORP can be manufactured as an oil- or water-based solution and is marketed and sold on the basis of color, concentration, and weight. ORP’s color properties come from capsorubin (red) and beta-carotene (yellow), with oil-based solutions appearing more orange-red and water-based (aqueous) solutions appearing brighter orange. Not included in the subject merchandise is oleoresin capsicum (“ORC”), which is sold as a flavoring agent or as an ingredient in pepper spray.

Please see below for the full text of the proposed scope for the investigations.

Key Facts

Petitioner: Rezolex

Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill’s international trade team for a listing of individual importers and exporters named in the petitions.

AD/CVD Margins: Petitioner alleged the following AD and CVD margins:

• India: AD margins from 181.02% to 222.53% ad valorem, and a CVD margin above de minimis.

The Investigation

The U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct the investigations. The ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD margins that importers will need to pay on their entries.

Importers will be required to deposit the calculated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC’s preliminary determinations are currently expected by Sept. 18 (CVD) and Dec. 2 (AD). Importers should be aware that entries may be subject to cash deposits before these dates if the DOC finds that there is a surge of imports after the petitions were filed.

Next Steps

All U.S. importers and foreign producers are advised to prepare as soon as possible due to the strict statutory deadlines in these cases. If this product is of interest to you, please contact Clark Hill’s international trade team so that we can provide you with additional information.

The Scope

Petitioner requested that the scope of the merchandise subject to investigation be defined as follows:

The merchandise covered by the scope of this investigation is the coloring additive oleoresin paprika (ORP). ORP is a viscous, highly colored liquid in various shades of red or orange made from the extract of Capsicum peppers. Covered merchandise includes all ORP, 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 ORP 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 ORP 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 ORP may be blended with oil or water before importation or may be imported in its crude or unstandardized form. The scope includes all ORP meeting the specifications above, regardless of whether they are blended with or soluble in oil or water, and regardless of weight, pungency, quality, or solvent content. Further, the scope includes crude or unstandardized ORP extracted or produced in India 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 if performed in India.

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 subheadings 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.

Approximate Key Dates*
Antidumping Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	6/25/2025
DOC Initiation Date	20	7/15/2025
DOC Separate Rate Applications	41	8/5/2025
DOC Q&V Questionnaires	44	8/8/2025
ITC Preliminary Determination	45	8/11/2025
DOC Preliminary AD Determination	160	12/2/2025
DOC Final AD Determination	235	2/16/2026
ITC Final AD Determination	280	4/1/2026
DOC AD Publication of Order	287	4/8/2026
Countervailing Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	6/25/2025
DOC Initiation Date	20	7/15/2025
DOC Q&V Questionnaires	44	8/8/2025
ITC Preliminary Determination	45	8/11/2025
DOC Preliminary CVD Determination	85	9/18/2025
Request for a DOC Hearing	122	10/27/2025
DOC Final CVD Determination	160	12/2/2025
ITC Final CVD Determination	205	1/16/2026
DOC CVD Publication of Order	212	1/23/2026

* All deadlines are approximate and are subject to change throughout the course of an investigation. Deadlines that fall on a weekend or Federal holiday are extended to the next business day, as shown above. Contact Clark Hill for current updates and details.

Contact Clark Hill

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), or other members of Clark Hill’s International Trade Business Unit.

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