Notice2023-16816
Certain Pea Protein From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52124-52128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16816]
[[Page 52124]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-154]
Certain Pea Protein From the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 1, 2023.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ann Marie Caton, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2972 or (202)
482-2607, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On July 12, 2023, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain pea protein (pea protein) from the People's Republic of China
(China) filed in proper form on behalf of PURIS Proteins, LLC (the
petitioner), a U.S. producer of pea protein.\1\ The Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of pea protein from China.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Pea
Protein from China,'' dated July 11, 2023 (Petition).
\2\ Id.
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On July 17 and 25, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ On July
21 and 26, 2023, the petitioner filed timely responses to these
requests for additional information.\4\
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\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Pea
Protein from the People's Republic of China: Supplemental
Questions,'' dated July 17, 2023; ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Pea Protein from the
People's Republic of China: Supplemental Questions,'' dated July 17,
2023; see also Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated July 25, 2023 (Memorandum to the File on Scope).
\4\ See Petitioner's Letter, ``Antidumping and Countervailing
Duties on Imports of Certain Pea Protein from China: Response of
Petitioner to Volume I of Supplemental Questionnaire,'' dated July
21, 2023 (China AD Supplement); see also Petitioner's Letter,
``Certain Pea Protein from China/Petitioner's Response to Second
Supplemental Questionnaire,'' dated July 26, 2023 (Scope
Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of pea protein
from China are being, or are likely to be, sold in the United States at
less than fair value (LTFV) within the meaning of section 731 of the
Act, and that imports of such pea protein are materially injuring, or
threatening material injury to, the pea protein industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the Petition was filed 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 for the initiation
of the requested AD investigation.\5\
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\5\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is January 1,
2023, through June 30, 2023.
Scope of the Investigation
The product covered by this investigation is pea protein from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
On July 17 and 25, 2023, Commerce requested information 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\ On July 21 and 26,
2023, the petitioner provided clarifications and revised the scope.\7\
The description of merchandise covered by this investigation, as
described in the appendix to this notice, reflects these
clarifications.
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\6\ See General Issues Questionnaire at 3-4; see also Memorandum
to the File on Scope.
\7\ See General Issues Supplement at 2-8 and Exhibit I-S3; see
also Scope Supplement.
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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 and, if necessary, will consult with interested parties prior
to the issuance of the preliminary determination. If scope comments
include factual information,\9\ all such factual information should be
limited to public information. To facilitate preparation of its
questionnaires, Commerce requests that scope comments be submitted by 5
p.m. Eastern Time (ET) on August 21, 2023, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, must be filed by 5 p.m. ET on August
31, 2023, which is ten calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
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'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the record of the concurrent CVD
investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service 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.
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\10\ 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 help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of pea protein to be
reported in response to Commerce's AD questionnaire. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOPs) accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics.
[[Page 52125]]
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, all product
characteristics comments must be filed by 5 p.m. ET on August 21, 2023,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments, which may include factual information, must be filed
by 5 p.m. ET on August 31, 2023, which is 10 calendar days after the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the AD investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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 International Trade Commission (ITC), which
is responsible for determining 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,\11\ 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.\12\
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\11\ See section 771(10) of the Act.
\12\ 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)).
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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.\13\ Based on our analysis of the information
submitted on the record, we have determined that pea protein, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\14\
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\13\ See Petition at Volume I (pages 13-20 and Exhibits I-17
through I-27); see also General Issues Supplement at 9-15.
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Certain Pea
Protein from the People's Republic of China (China AD Initiation
Checklist) at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain Pea
Protein from the People's Republic of China (Attachment II). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(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
2022 production of the domestic like product and compared this to the
estimated total 2022 production of pea protein by the U.S.
industry.\15\ We relied on data provided by the petitioner for purposes
of measuring industry support.\16\
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\15\ See Petition at Volume I (page 4 and Exhibits I-2 through
I-6); see also General Issues Supplement at 8 and Exhibit I-S4.
\16\ See Petition at Volume I (page 4 and Exhibits I-2 through
I-6); see also General Issues Supplement at 8 and Exhibit I-S4. For
further discussion, see Attachment II of the China AD Initiation
Checklist.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\17\ 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).\18\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(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.\19\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(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.\20\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\21\
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\17\ See Petition at Volume I (page 4 and Exhibits I-2 through
I-6); see also General Issues Supplement at 8 and Exhibit I-S4. For
further discussion, see Attachment II of the China AD Initiation
Checklist.
\18\ See Attachment II of the China AD Initiation Checklist; see
also section 732(c)(4)(D) of the Act.
\19\ See Attachment II of the China AD Initiation Checklist.
\20\ Id.
\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\22\
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\22\ See Petition at Volume I (pages 21-22 and Exhibits I-6 and
I-29).
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The petitioner contends that the industry's injured condition is
illustrated by the adverse impact on the domestic industry's sales
volumes, market share levels, and return on investments; significant
volume of subject imports; underselling and price depression and/or
suppression; lost sales and revenues; and layoffs.\23\ We
[[Page 52126]]
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.\24\
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\23\ Id. at Volume I (pages 21-41 and Exhibits I-4, I-6, I-29
through I-32, and I-34 through I-41).
\24\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Pea Protein from the People's Republic of China.
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Allegations of Sales at LTFV
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of pea protein from China. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the China AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on a transaction-specific
average unit value (AUV) (i.e., a month and port-specific AUV) derived
from official import data and tied to ship manifest data. The
petitioner made certain adjustments to this U.S. price to calculate a
net ex-factory U.S. price.\25\
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\25\ See China AD Initiation Checklist.
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The petitioner also based EPs on pricing information for sales of,
or offers for sale of, pea protein produced in and exported from China.
The petitioner made certain adjustments to these U.S. prices to
calculate a net ex-factory U.S. price, where applicable.\26\
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\26\ Id.
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Normal Value
Commerce considers China to be an NME country.\27\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on FOPs valued in a surrogate market
economy country, in accordance with section 773(c) of the Act.
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\27\ See, e.g., Antidumping Duty Investigation of Certain
Aluminum Foil from the People's Republic of China: Affirmative
Preliminary Determination of Sales at Less-Than-Fair Value and
Postponement of Final Determination, 82 FR 50858, 50861 (November 2,
2017), and accompanying Preliminary Decision Memorandum at ``China's
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
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The petitioner states that the Republic of Turkey (Turkey) is an
appropriate surrogate country because Turkey is a market economy
country that is at a level of economic development comparable to that
of China and a significant producer of comparable merchandise.\28\ The
petitioner submitted publicly-available information from Turkey to
value all FOPs.\29\ Based on the information provided by the
petitioner, we determine that it is appropriate to use Turkey as a
surrogate country for China for initiation purposes.
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\28\ See Petition at Volume II at 3-4.
\29\ Id. at 4-6 and Exhibit II-12.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selections and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
The petitioner used the product-specific consumption rates of a
U.S. producer of pea protein as a surrogate to value Chinese
manufacturers' FOPs.\30\ Additionally, the petitioner calculated
factory overhead; selling, general and administrative expenses; and
profit based on the experience of a Turkish producer of comparable
merchandise (i.e., milled food products).\31\
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\30\ See Petition at Volume I at 8 and Exhibits I-6, I-17, and
I-18; see also Petition at Volume II at 4 and Exhibit II-13.
\31\ See Petition at Volume II at 4-6 and Exhibit II-12.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of pea protein from China are being, or are likely
to be, sold in the United States at LTFV. Based on comparisons of EP to
NV, in accordance with sections 772 and 773 of the Act, the estimated
dumping margins for pea protein range from 18.48 percent to 280.31
percent ad valorem.\32\
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\32\ See China AD Initiation Checklist for details of the
calculations.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
732 of the Act. Therefore, we are initiating an AD investigation to
determine whether imports of pea protein from China are being, or are
likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner named 18 companies in China as
producers and/or exporters of pea protein.\33\ In accordance with our
standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it determines that the
number of companies is large and it cannot individually examine each
company based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce decides
to limit the number of respondents individually examined pursuant to
section 777A(c)(2) of the Act. Because there are 18 Chinese producers
and/or exporters identified in the Petition, Commerce has determined
that it will issue Q&V questionnaires to each potential respondent for
which the petitioner has provided a complete address.
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\33\ See China AD Supplement at 1 and Exhibit I-S1.
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In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of pea protein from China
that do not receive Q&V questionnaires may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Commerce's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5 p.m. ET on August
15, 2023, which is two weeks from the signature date of this notice.
All Q&V questionnaire responses must be filed electronically via
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above.
Interested parties must submit applications for disclosure under
[[Page 52127]]
administrative protective order in accordance with 19 CFR 351.305(b).
Instructions for filing such applications may be found on Commerce's
website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Commerce intends to make its decisions regarding respondent selection
within 20 days of publication of this notice.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers who submit a separate rate application and are selected as
mandatory respondents will be eligible for consideration for separate
rate status only if they respond to all parts of Commerce's AD
questionnaire as mandatory respondents. Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines in
order to receive consideration for separate rate status. Companies not
filing a timely Q&V questionnaire response will not receive separate
rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\34\
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\34\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Distribution of Copies of the AD Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the government of China, via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petition to each exporter named in the AD Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(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 imports of pea protein from China are materially
injuring, or threatening material injury to, a U.S. industry.\35\ A
negative ITC determination will result in the investigation being
terminated.\36\ Otherwise, this AD investigation will proceed according
to statutory and regulatory time limits.
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\35\ See section 733(a) of the Act.
\36\ Id.
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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 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 submitted \37\ 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.\38\ 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.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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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, 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. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10 a.m. ET on the due date.
Under certain circumstances, we 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; under limited circumstances,
Commerce will grant untimely filed requests for the extension of time
limits, where we determine, based on 19 CFR 351.302, that extraordinary
circumstances exist. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in this investigation.\39\
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\39\ See 19 CFR 351.302; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
[[Page 52128]]
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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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 letter of appearance).\42\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\43\
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\42\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\43\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The product within the scope of this investigation is high
protein content (HPC) pea protein, which is a protein derived from
peas (including, but not limited to, yellow field peas and green
field peas) and which contains at least 65 percent protein on a dry
weight basis. HPC pea protein may also be identified as, for
example, pea protein concentrate, pea protein isolate, hydrolyzed
pea protein, pea peptides, and fermented pea protein. Pea protein,
including HPC pea protein, has the Chemical Abstracts Service (CAS)
registry number 222400-29-5.
The scope covers HPC pea protein in all physical forms,
including all liquid (e.g., solution) and solid (e.g., powder)
forms, regardless of packaging or the inclusion of additives (e.g.,
flavoring, suspension agents, preservatives).
The scope also includes HPC pea protein described above that is
blended, combined, or mixed with non-subject pea protein or with
other ingredients (e.g., proteins derived from other sources,
fibers, carbohydrates, sweeteners, and fats) to make products such
as protein powders, dry beverage blends, and protein fortified
beverages. For any such blended, combined, or mixed products, only
the HPC pea protein component is covered by the scope of this
investigation. HPC pea protein that has been blended, combined, or
mixed with other products is included within the scope, regardless
of whether the blending, combining, or mixing occurs in third
countries.
HPC pea protein that is otherwise within the scope is covered
when commingled (i.e., blended, combined, or mixed) with HPC pea
protein from sources not subject to this investigation. Only the
subject component of the commingled product is covered by the scope.
A blend, combination, or mixture is excluded from the scope if
the total HPC pea protein content of the blend, combination, or
mixture (regardless of the source or sources) comprises less than
five percent of the blend, combination, or mixture on a dry weight
basis.
All products that meet the written physical description are
within the scope of the investigation unless specifically excluded.
The following products, by way of example, are outside and/or
specifically excluded from the scope of the investigation:
<bullet> burgers, snack bars, bakery products, sugar and gum
confectionary products, milk, cheese, baby food, sauces and
seasonings, and pet food, even when such products are made with HPC
pea protein.
<bullet> HPC pea protein that has gone through an extrusion
process to alter the HPC pea protein at the structural and
functional level, resulting in a product with a fibrous structure
which resembles muscle meat upon hydration. These products are
commonly described as textured pea protein or texturized pea
protein.
<bullet> HPC pea protein that has been further processed to
create a small crunchy nugget commonly described as a pea protein
crisp.
<bullet> protein derived from chickpeas.
The merchandise covered by the scope is currently classified
under Harmonized Tariff Schedule of the United States (HTSUS)
categories 3504.00.1000, 3504.00.5000, and 2106.10.0000. Such
merchandise may also enter the U.S. market under HTSUS category
2308.00.9890. Although HTSUS categories and the CAS registry number
are provided for convenience and customs purposes, the written
description of the scope of the investigation is dispositive.
[FR Doc. 2023-16816 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.