Notice2024-19071
Certain Pea Protein From the People's Republic of China: Antidumping and Countervailing Duty Orders
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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 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain pea protein (pea protein) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 89 Issue 165 (Monday, August 26, 2024)</title>
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[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Notices]
[Pages 68390-68394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19071]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-154, C-570-155]
Certain Pea Protein From the People's Republic of China:
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain pea protein (pea protein)
from the People's Republic of China (China).
DATES: Applicable August 26, 2024.
FOR FURTHER INFORMATION CONTACT: Sofia Pedrelli (AD) or Kristen Johnson
(CVD), AD/CVD Operations, Offices II and III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4310 or (202) 482-4793, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of
[[Page 68391]]
1930, as amended (the Act), on July 5, 2024, Commerce published in the
Federal Register its affirmative final determination of sales at less-
than-fair-value (LTFV) of pea protein from China \1\ and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of pea protein from China.\2\
As part of these determinations, Commerce made affirmative critical
circumstances findings for the separate rate companies and the China-
wide entity in the AD investigation and for all producers and/or
exporters and non-responsive companies in the CVD investigation.
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\1\ See Certain Pea Protein from the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances Determination, 89 FR 55559
(July 5, 2024) (LTFV Final Determination).
\2\ See Certain Pea Protein from the People's Republic of China:
Final Affirmative Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination, 89 FR 55557 (July
5, 2024) (CVD Final Determination).
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On August 15, 2024, pursuant to sections 735(d) and 705(d) of the
Act, the ITC notified Commerce of its affirmative final determinations
that an industry in the United States is materially injured within the
meaning of sections 735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act by
reason of LTFV imports of pea protein from China and subsidized imports
of pea protein from China.\3\ In addition, the ITC found that critical
circumstances exist with regard to imports from China.\4\
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\3\ See ITC's Letter, ``Notice of ITC Final Determinations,''
dated August 15, 2024; see also Certain Pea Protein from China, Inv.
Nos. 701-TA-692 and 731-TA-1628 (Final), USITC Pub. 5529 (August
2024) (ITC Final Determination Publication), at 3.
\4\ See ITC Final Determination Publication.
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Scope of the Orders
The product covered by these orders is pea protein from China. For
a complete description of the scope of these orders, see the appendix
to this notice.
AD Order
Based on the above-referenced affirmative final determination, in
accordance with section 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Because the ITC determined that imports of pea
protein from China are materially injuring a U.S. industry,
unliquidated entries of such merchandise entered, or withdrawn from
warehouse, for consumption, are subject to the assessment of ADs. In
addition, the ITC found that critical circumstances exist with respect
to imports subject to Commerce's affirmative critical circumstances
finding within the meaning of section 735(b)(4)(A) of the Act. As a
result of Commerce's affirmative critical circumstances determination
under section 735(a)(3) of the Act, and the ITC's affirmative critical
circumstances determination under section 735(b)(4)(A) of the Act,
retroactive duties will be applied to the relevant imports for a period
of 90 days prior to the suspension of liquidation (i.e., 90 days prior
to the date of publication of the affirmative LTFV Preliminary
Determination).\5\
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\5\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), at 876 (``If both agencies
make affirmative critical circumstances determinations in their
final investigations, retroactive duties will be applied for a
period ninety days prior to suspension of liquidation.''); Certain
Pea Protein from the People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 10038 (February 13, 2024) (LTFV Preliminary
Determination).
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of pea protein from China entered, or withdrawn from
warehouse, for consumption, on or after November 15, 2023, which is 90
days prior to the date of publication of the affirmative LTFV
Preliminary Determination, in accordance with the critical
circumstances finding in the LTFV Final Determination, but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determination, as further described below.
Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of pea protein from China, in accordance with section 736 of the Act.
These instructions suspending liquidation will remain in effect until
further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins, with offsets
for export subsidies where appropriate, as indicated in the tables
below. Accordingly, effective the date of publication of the ITC's
final affirmative injury determination, CBP will suspend the
liquidation of entries of subject merchandise, and require, at the same
time that importers would normally deposit estimated duties on the
merchandise, a cash deposit equal to the rates listed below. The
relevant China-wide entity rate applies to all producers or exporters
not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins as published in
Commerce's LTFV Final Determination are as follows:
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Estimated Cash deposit rate
weighted-average (adjusted for
Exporter Producer dumping margin subsidy offset)
(percent) (percent)
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Fenchem Biotek Ltd......................... Yantai Shuangta Food Co., Ltd 122.19 111.65
Jianyuan International Co., Ltd............ Shandong Jianyuan 122.19 111.65
Bioengineering Co., Ltd.
Jianyuan International Co., Ltd............ Hengyuan Biotechnology Co., 122.19 111.65
Ltd.
KTL Pharmaceutical Co., Limited............ Jiujiang Tiantai Food Co., 122.19 111.65
Ltd.
Linyi Yuwang Vegetable Protein Co., Ltd.... Linyi Yuwang Vegetable 122.19 111.65
Protein Co., Ltd.
Nutracean Co., Ltd......................... Yantai Shuangta Food Co., Ltd 122.19 111.65
Nutracean Co., Ltd......................... Zhaoyuan Junbang Trading Co., 122.19 111.65
Ltd.
Shandong Yuwang Ecological Food Industry Linyi Yuwang Vegetable 122.19 111.65
Co., Ltd. Protein Co., Ltd.
[[Page 68392]]
Yantai T. Full Biotech Co., Ltd............ Yantai T. Full Biotech Co., 122.19 111.65
Ltd.
Yosin Biotechnology (Yantai) Co., Ltd...... Yosin Biotechnology (Yantai) 122.19 111.65
Co., Ltd.
Yosin Import and Export (Yantai) Co., Ltd.. Yosin Biotechnology (Yantai) 122.19 111.65
Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Shandong Hua-Thai Food 122.19 111.65
Products Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Shandong Jundu Talin Foods 122.19 111.65
Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Yosin Biotechnology (Yantai) 122.19 111.65
Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Yosin Import and Export 122.19 111.65
(Yantai) Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Yantai Shuangta Food Co., Ltd 122.19 111.65
China-wide Entity.......................... ............................. 280.31 269.77
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Provisional Measures--AD
Section 733(d) of the Act states that instructions issued under
section 733(d)(1) and (2) of the Act pursuant to an affirmative
preliminary determination may not remain in effect for more than four
months, except where exporters representing a significant proportion of
exports of the subject merchandise request that Commerce extends the
four-month period to no more than six months. At the request of
exporters that account for a significant proportion of exports of pea
protein from China, Commerce extended the four-month period to six
months in this investigation.\6\ Commerce published the LTFV
Preliminary Determination on February 13, 2024.\7\
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\6\ See LTFV Preliminary Determination.
\7\ Id.
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The extended provisional measures period, beginning on the date of
publication of the LTFV Preliminary Determination, ended on August 10,
2024. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
entries of pea protein from China entered, or withdrawn from warehouse,
for consumption, on or after August 11, 2024, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of pea protein from China, in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order. Because the ITC determined that imports of pea protein from
China are materially injuring a U.S. industry, unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption, are subject to the assessment of CVDs. In addition, the
ITC found that critical circumstances exist with respect to imports
from China subject to Commerce's affirmative critical circumstances
finding within the meaning of section 705(b)(4)(A) of the Act. As a
result of Commerce's affirmative critical circumstances determination
under section 705(a)(2) of the Act, and the ITC's affirmative critical
circumstances determination under section 705(b)(4)(A) of the Act,
retroactive duties will be applied to the relevant imports for a period
of 90 days prior to the suspension of liquidation, (i.e., 90 days prior
to the date of publication of the affirmative CVD Preliminary
Determination).\8\
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\8\ See section 705(c)(4) of the Act; see also SAA at 876 (``If
both agencies make affirmative critical circumstances determinations
in their final investigations, retroactive duties will be applied
for a period ninety days prior to suspension of liquidation.'').
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of pea protein from
China. With respect to entries for Yantai Oriental Protein Tech Co.,
Ltd., Zhaoyuan Junbang Trading Co., Ltd., all other producers and/or
exporters, and the non-responsive companies,\9\ CVDs will be assessed
on unliquidated entries of pea protein from China entered, or withdrawn
from warehouse, for consumption, on or after September 19, 2023, which
is 90 days prior to the date of publication of the CVD Preliminary
Determination.\10\ CVDs will not be assessed on entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final affirmative injury determination, as
further described in the ``Provisional Measures--CVD'' section of this
notice.
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\9\ The non-responsive companies are: Focusherb LLC; Golden
Protein Limited; Shandong Jianyuan Bioengineering Co.; and Yantai
Wanpy International Trade.
\10\ See Certain Pea Protein from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 88 FR 87403 (December 18, 2023) (CVD Preliminary
Determination).
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Continuation of Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of pea
protein from China, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
[[Page 68393]]
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\11\ The all-others rate applies to all producers or exporters
not specifically listed below, as appropriate.
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\11\ See section 706(a)(3) of the Act.
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Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates as published in
Commerce's CVD Final Determination are as follows:
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\12\ Commerce finds the following companies to be cross owned
with Yantai Oriental Protein Tech Co., Ltd: Jiujiang Tiantai Food
Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.;
Yantai Yiyuan Bioengineering Co., Ltd.; and Yantai Zhongzhen Trading
Co., Ltd.
\13\ Commerce finds Yantai Shuangta Food Co. Ltd. to be cross
owned with Zhaoyuan Junbang Trading Co., Ltd.
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Subsidy rate (percent
Company ad valorem)
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Yantai Oriental Protein Tech Co., Ltd.\12\..... 16.52
Zhaoyuan Junbang Trading Co., Ltd.\13\......... 15.15
Focusherb LLC.................................. 355.89
Golden Protein Limited......................... 355.89
Shandong Jianyuan Bioengineering Co............ 355.89
Yantai Wanpy International Trade............... 355.89
All Others..................................... 15.84
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on December 18, 2023.\14\ As such, the four-
month period beginning on the date of publication of the CVD
Preliminary Determination ended on April 15, 2024.
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\14\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to CVDs, unliquidated entries of pea protein
from China entered, or withdrawn from warehouse, for consumption, on or
after April 16, 2024, the date on which the provisional measures
expired, until and through the day preceding the date of publication of
the ITC's final injury determination in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\15\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\16\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\15\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\16\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \17\
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\17\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the opportunity notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \18\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those
[[Page 68394]]
orders for which they qualify as an interested party. Pursuant to 19
CFR 351.225(n)(3), the petitioner and the Government of China will not
need to resubmit their entries of appearance each year to continue to
be included on the annual inquiry service list. However, the petitioner
and the Government of China are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\18\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to pea
protein from China, pursuant to section 736(a) and 706(a) of the Act.
Interested parties can find a list of AD and CVD orders currently in
effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are published in accordance with sections 736(a) and
706(a) of the Act, and 19 CFR 351.211(b).
Dated: August 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistance Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The product within the scope of these orders 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 these
orders. 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 these orders. 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 these orders unless specifically excluded. The
following products, by way of example, are outside and/or
specifically excluded from the scope of these orders:
<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 is dispositive.
[FR Doc. 2024-19071 Filed 8-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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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.