Notice2023-16817

Certain Pea Protein From the People's Republic of China: Initiation of Countervailing Duty 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 52116-52120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16817]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-155]


Certain Pea Protein From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable August 1, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton or T.J. Worthington, 
AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0012 
or (202) 482-4567, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On July 12, 2023, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) 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 domestic producer of pea protein.\1\ The CVD petition 
was accompanied by an antidumping duty (AD) 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 12, 2023 (Petition).
    \2\ Id.
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    On July 17, 18, and 25, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ On July 
18, 2023, the petitioner filed requests for extensions of time to 
respond to the supplemental questionnaires.\4\ On July 21 and 26, 2023, 
the petitioner timely filed responses to these requests for additional 
information.\5\
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    \3\ See Commerce's Letter, ``Supplemental Questions,'' dated 
July 17, 2023 (Volume I Supplemental Questionnaire); see also 
Commerce's Letter, ``Supplemental Questions,'' dated July 18, 2023; 
and Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated 
July 25, 2023 (Scope Memorandum).
    \4\ See Petitioner's Letters, ``Request for Extension to Respond 
to Volume I Supplemental Questionnaire,'' dated July 18, 2023; and 
``Request for Extension to Respond to Volume III Supplemental 
Questionnaire,'' dated July 18, 2023.
    \5\ See Petitioner's Letters, ``Response of Petitioner to Volume 
I Supplemental Questionnaire,'' dated July 21, 2023 (General Issues 
Supplement); ``Response of Petitioner to Volume III Supplemental 
Questionnaire,'' dated July 21, 2023; and ``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 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of pea protein in 
China, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating CVD 
investigations, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act.\6\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\7\
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    \6\ See Petition at Volume I (pages 2-3). PURIS Proteins, LLC is 
an interested party, as defined in sections 771(9)(C) and (D) of the 
Act, respectively.
    \7\ See ``Determination of Industry Support for the Petition'' 
section, infra.

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[[Page 52117]]

Period of Investigation

    Because the Petition was filed on July 12, 2023, the period of 
investigation (POI) is January 1, 2022, through December 31, 2022.\8\
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    \8\ See 19 CFR 351.204(b)(2).
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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 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.\9\ On July 21 and 26, 
2023, the petitioner provided clarifications and revised the scope.\10\ 
The description of merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \9\ See Volume I Supplemental Questionnaire at 3-4; see also 
Scope Memorandum.
    \10\ See General Issues Supplement at 1-8 and Exhibits I-S2 and 
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).\11\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\12\ 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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    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed on the record of the concurrent AD 
investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\13\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \13\ 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 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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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\14\ The GOC 
did not request consultations.
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    \14\ See Commerce's Letter, ``Countervailing Duty Petition on 
Certain Pea Protein from the People's Republic of China,'' dated 
July 13, 2023.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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.\17\ 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.\18\
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    \17\ See Petition at Volume I (pages 13-20 and Exhibits I-17 
through I-26); see also General Issues Supplement at 9-15.
    \18\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Certain Pea 
Protein from the People's Republic of China (China Initiation 
Checklist) at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petition 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 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition

[[Page 52118]]

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.\19\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\20\
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    \19\ 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.
    \20\ 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 CVD 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.\21\ 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).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(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.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(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.\24\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\25\
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    \21\ 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 CVD Initiation 
Checklist.
    \22\ See Attachment II of the China CVD Initiation Checklist; 
see also section 702(c)(4)(D) of the Act.
    \23\ See Attachment II of the China CVD Initiation Checklist.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
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    \26\ 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.\27\ We 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.\28\
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    \27\ Id. at Volume I (pages 21-41 and Exhibits I-4, I-6, I-29 
through I-32, and I-34 through I-41.
    \28\ See China CVD 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 
(Attachment III).
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of pea protein from China benefit from countervailable 
subsidies conferred by the GOC. Based on our review of the Petition, we 
find that there is sufficient information to initiate a CVD 
investigation on 23 of 25 programs alleged by the petitioner. For a 
full discussion of the basis for our decision to initiate an 
investigation of each program, see the China CVD Initiation Checklist. 
A public version of the initiation checklist for this investigation is 
available on ACCESS. In accordance with section 703(b)(1) of the Act 
and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 65 days after the date of this 
initiation.

Respondent Selection

    The petitioner identified 18 companies in China as producers and/or 
exporters of pea protein.\29\ Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event that Commerce determines that 
the number of companies is large, and it cannot individually examine 
each company based upon Commerce's resources, Commerce intends to 
select mandatory respondents based on quantity and value (Q&V) 
questionnaires issued to the potential respondents. Commerce normally 
selects mandatory respondents in CVD investigations using U.S. Customs 
and Border Protection (CBP) entry data for U.S. imports under the 
appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings listed in the scope of the investigation. However, for this 
investigation, the main HTSUS subheadings under which the subject 
merchandise would enter (3504.00.1000, 3504.00.5000, and 2106.10.0000) 
are basket categories under which non-subject merchandise may enter. 
Therefore, we cannot rely on CBP entry data in selecting respondents. 
Instead, we intend to issue Q&V questionnaires to each potential 
respondent for which the petitioner has provided a complete address.
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    \29\ See General Issues Supplement at 1 and Exhibit I-S1.
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    Exporters/producers of pea protein from China that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain the Q&V questionnaire from E&C's website 
at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. 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 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. Commerce intends to finalize its 
decision regarding respondent selection within 20 days of publication 
of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version

[[Page 52119]]

of the Petition has been provided to the GOC via ACCESS. Furthermore, 
to the extent practicable, Commerce will attempt to provide a copy of 
the public version of the Petition to each exporter named in the 
Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(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.\30\ A 
negative ITC determination will result in the investigation being 
terminated.\31\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
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    \30\ See section 703(a)(1) of the Act.
    \31\ 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 \32\ 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.\33\ 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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    \32\ See 19 CFR 351.301(b).
    \33\ 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.\34\ 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, Commerce 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, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in this 
investigation.\35\
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    \34\ See 19 CFR 351.302.
    \35\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), 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.\36\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\37\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \36\ See section 782(b) of the Act.
    \37\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, 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 letters of appearance). Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\38\
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    \38\ 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 702 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 5 
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,

[[Page 52120]]

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. 2023-16817 Filed 8-4-23; 8:45 a.m.]
BILLING CODE 3510-DS-P


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