Notice2023-15196
Certain Pea Protein From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
Primary source
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Published
July 18, 2023
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-692 and 731-TA-1628 (Preliminary) pursuant to the Tariff Act of 1930 ("the Act") to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain pea protein from China, provided for in subheadings 3504.00.10, 3504.00.50, and 2106.10.00 of the Harmonized Tariff Schedule of the United States,\1\ that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce ("Commerce") extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by August 28, 2023. The Commission's views must be transmitted to Commerce within five business days thereafter, or by September 5, 2023. ---------------------------------------------------------------------------
Full Text
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<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
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[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45924-45925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15196]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-692 and 731-TA-1628 (Preliminary)]
Certain Pea Protein From China; Institution of Antidumping and
Countervailing Duty Investigations and Scheduling of Preliminary Phase
Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase antidumping and
countervailing duty investigation Nos. 701-TA-692 and 731-TA-1628
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to
determine whether there is a reasonable indication that an industry in
the United States is materially injured or threatened with material
injury, or the establishment of an industry in the United States is
materially retarded, by reason of imports of certain pea protein from
China, provided for in subheadings 3504.00.10, 3504.00.50, and
2106.10.00 of the Harmonized Tariff Schedule of the United States,\1\
that are alleged to be sold in the United States at less than fair
value and alleged to be subsidized by the Government of China. Unless
the Department of Commerce (``Commerce'') extends the time for
initiation, the Commission must reach a preliminary determination in
antidumping and countervailing duty investigations in 45 days, or in
this case by August 28, 2023. The Commission's views must be
transmitted to Commerce within five business days thereafter, or by
September 5, 2023.
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\1\ Subject merchandise may also be reported under HTSUS
statistical reporting number 2308.00.9890.
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DATES: July 12, 2023.
FOR FURTHER INFORMATION CONTACT: Tyler Berard (202-205-3354), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--These investigations are being instituted, pursuant to
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C.
1671b(a) and 1673b(a)), in response to a petition filed on July 12,
2023, by PURIS Proteins LLC, Minneapolis, Minnesota.
For further information concerning the conduct of these
investigations and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A and
B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in sections 201.11 and 207.10
of the Commission's rules, not later than seven days after publication
of this notice in the Federal Register. Industrial users and (if the
merchandise under investigation is sold at the retail level)
representative consumer organizations have the right to appear as
parties in Commission antidumping duty and countervailing duty
investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to these investigations upon the
expiration of the period for filing entries of appearance.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in these investigations available to authorized
applicants representing interested parties (as defined in 19 U.S.C.
1677(9)) who are parties to the investigations under the APO issued in
the investigations, provided that the application is made not later
than seven days after the publication of this notice in the Federal
Register. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Conference.--The Office of Investigations will hold an in-person
staff conference in connection with the preliminary phase of these
investigations beginning at 9:30 a.m. on August 2, 2023. Requests to
appear at the conference should be emailed to
<a href="/cdn-cgi/l/email-protection#80f0f2e5ece9ede9eee1f2f9e3efeee6e5f2e5eee3e5f3c0f5f3e9f4e3aee7eff6"><span class="__cf_email__" data-cfemail="5f2f2d3a33363236313e2d263c3031393a2d3a313c3a2c1f2a2c362b3c71383029">[email protected]</span></a> (DO NOT FILE ON EDIS) on or before
July 31, 2023. Please provide an email address for each conference
participant in the email. Information on conference procedures, format,
and participation will be available on the Commission's Public
Calendar. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to participate by submitting a
short statement.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Written submissions.--As provided in sections 201.8 and 207.15 of
the Commission's rules, any person may submit to the Commission on or
before 5:15 p.m. on August 7, 2023, a written brief containing
information and arguments pertinent to the subject matter of the
investigations. Parties shall file written testimony and supplementary
material in connection with their presentation at the conference no
later than noon on August 1, 2023. All written submissions must conform
with the provisions of section 201.8 of the Commission's rules; any
submissions that contain BPI must also conform with the requirements of
sections 201.6, 207.3, and 207.7 of the Commission's rules. The
Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigations must be served on all
other parties to the investigations (as identified by either the public
or BPI service list), and a certificate of service must be timely
filed. The Secretary will not accept a document for filing without a
certificate of service.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these investigations must certify that the information
is accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will acknowledge that any
information that it submits to the Commission during these
investigations may be disclosed to and used: (i) by the Commission, its
employees and Offices, and contract personnel (a) for developing or
maintaining the records of these or related investigations or
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reviews, or (b) in internal investigations, audits, reviews, and
evaluations relating to the programs, personnel, and operations of the
Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.12 of the Commission's rules.
By order of the Commission.
Issued: July 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15196 Filed 7-17-23; 8:45 am]
BILLING CODE 7020-02-P
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