Notice2023-26031
Certain Pea Protein From the People's Republic of China: Postponement of Preliminary Determination in the 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
November 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 226 (Monday, November 27, 2023)</title>
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[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82831-82832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26031]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-154]
Certain Pea Protein From the People's Republic of China:
Postponement of Preliminary Determination in the Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 27, 2023.
FOR FURTHER INFORMATION CONTACT: Katherine Smith at (202) 482-0557, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2023, the U.S. Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV) investigation of imports of
certain pea protein (pea protein) from the People's Republic of China
(China).\1\ Currently, the preliminary determination is due no later
than December 19, 2023.
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\1\ See Certain Pea Protein from the People's Republic of China:
Initiation of Less-Than-Fair Value Investigation, 88 FR 52124
(August 1, 2023).
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Postponement of Preliminary Determination
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the
Act), requires Commerce to issue the preliminary determination in an
LTFV investigation within 140 days after the date on which Commerce
initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the
Act permits Commerce to postpone the preliminary determination until no
later than 190 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
[[Page 82832]]
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 November 14, 2023, PURIS Proteins, LLC (the petitioner)
submitted a timely request that Commerce postpone the preliminary
determination in the LTFV investigation.\2\ The petitioner states that
it requests postponement due to concerns that Commerce will need more
time to evaluate questionnaire responses submitted by the mandatory
respondents and issue supplemental questionnaires.\3\
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\2\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of the Preliminary Determination,'' dated November 14,
2023.
\3\ Id. at 1.
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For the reasons stated above and because there are no compelling
reasons to deny the request, Commerce, in accordance with section
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary
determination by 50 days (i.e., 190 days after the date on which this
investigation was initiated). As a result, Commerce will issue its
preliminary determination no later than February 7, 2023. In accordance
with section 735(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,
unless postponed.
Commerce is issuing and publishing this notice pursuant to section
733(c)(2) of the Act and 19 CFR 351.205(f)(1).
Dated: November 17, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26031 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 27, 2023.
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