Notice2023-19386
Certain Pea Protein From the People's Republic of China: Postponement of Preliminary Determination in the 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
September 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62055-62056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19386]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-155]
Certain Pea Protein From the People's Republic of China:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson and Laura Griffith,
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) 482-4793
and (202) 482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2023, the U.S. Department of Commerce (Commerce)
initiated a countervailing duty (CVD) investigation of imports of
certain pea protein from the People's Republic of China.\1\ Currently,
the preliminary determination is due no later than October 5, 2023.
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\1\ See Certain Pea Protein from the People's Republic of China:
Initiation of Countervailing Duty Investigation, 88 FR 52116 (August
7, 2023) (Initiation Notice).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires
[[Page 62056]]
Commerce to issue the preliminary determination in a CVD investigation
within 65 days after the date on which Commerce initiated the
investigation. However, section 703(c)(1) of the Act permits Commerce
to postpone the preliminary determination until no later than 130 days
after the date on which Commerce initiated the investigation if: (A)
the petitioner makes a timely request for a postponement; or (B)
Commerce concludes that the parties concerned are cooperating, that the
investigation is extraordinarily complicated, and that additional time
is necessary to make a preliminary determination. Under 19 CFR
351.205(e), the petitioner must submit a request for postponement 25
days or more before the scheduled date of the preliminary determination
and must state the reasons for the request. Commerce will grant the
request unless it finds compelling reasons to deny the request.
On August 29, 2023, the petitioner \2\ submitted a timely request
that Commerce postpone the preliminary determination in this
investigation.\3\ The petitioner stated that a postponement of the
preliminary determination is necessary because the mandatory
respondents have not yet submitted initial questionnaire responses and
additional time will be needed to review those responses and issue
supplemental questionnaires should there be deficiencies.\4\
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\2\ The petitioner is PURIS Proteins, LLC.
\3\ See Petitioner's Letter, ``Request for Extension of
Preliminary Determination Deadline,'' dated August 29, 2023.
\4\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to no later
than 130 days after the date on which this investigation was initiated,
i.e., December 11, 2023.\5\ Pursuant to section 705(a)(1) of the Act
and 19 CFR 351.210(b)(1), the deadline for the final determination of
this investigation will continue to be 75 days after the date of the
preliminary determination.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Saturday, December 9, 2023.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19386 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2023.
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