Certain Pea Protein From the People's Republic of China: Initiation of Countervailing Duty Investigation, 52116-52120 [2023-16817]
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
rate for the intermediate company(ies)
involved in the transaction.7
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
KPB and LG Chem will be zero; (2) for
companies not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review or a prior segment of the
proceeding but the producer is, then the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 33.10 percent, the all-others rate
established in the less-than-fair-value
investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Order, 85 FR at 17866.
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Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of this review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: August 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–16825 Filed 8–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–155]
Certain Pea Protein From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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
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
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
AGENCY:
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
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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.
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).
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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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
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.
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.
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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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.
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.
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
8 See
19 CFR 351.204(b)(2).
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.
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’’).
9 See
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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.
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
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: https://access.trade.gov/
help.aspx and a handbook can be found at: https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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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52117
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
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
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
15 See
section 771(10) of the Act.
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)).
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.
16 See
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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
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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Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
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.
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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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
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
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
26 See Petition at Volume I (pages 21–22 and
Exhibits I–6 and I–29.
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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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.
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 https://
www.trade.gov/ec-adcvd-caseannouncements. 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
29 See General Issues Supplement at 1 and Exhibit
I–S1.
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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.
Submission of Factual Information
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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.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
30 See
section 703(a)(1) of the Act.
31 Id.
32 See
19 CFR 351.301(b).
33 See 19 CFR 351.301(b)(2).
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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
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.
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
34 See
19 CFR 351.302.
19 CFR 301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at: https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
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:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
35 See
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52119
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.38
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:
• burgers, snack bars, bakery products,
sugar and gum confectionary products, milk,
38 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\07AUN1.SGM
07AUN1
52120
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
cheese, baby food, sauces and seasonings,
and pet food, even when such products are
made with HPC pea protein.
• 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.
• HPC pea protein that has been further
processed to create a small crunchy nugget
commonly described as a pea protein crisp.
• 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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on certain steel
nails (steel nails) from the Sultanate of
Oman (Oman). This review covers 17
exporters and producers from Oman.
The period of review (POR) is July 1,
2021, through June 30, 2022. The sole
mandatory respondent in this review is
Oman Fasteners, LLC (Oman Fasteners).
Commerce preliminarily determines
that sales of subject merchandise have
not been made below normal value (NV)
by Oman Fasteners during the POR. In
addition, we preliminarily find that
Geekay Wires Ltd. (Geekay), Astrotech
Steels Private Ltd. (Astrotech), Trinity
Steel Pvt. Ltd. (Trinity), and Modern
Factory for Metal Products, LLC
(Modern) had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance,
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2022, Commerce published
in the Federal Register a notice of
opportunity 1 to request an
administrative review of the
antidumping duty (AD) Order on steel
nails from Oman.2 On September 6,
2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the Order.3
On March 2, 2023, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.213(h)(2), Commerce extended the
due date for the preliminary results by
118 days until July 28, 2023.4 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
A list of the topics included in the
Preliminary Decision Memorandum is
included as the appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
scope of this Order is steel nails from
Oman. A complete description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.6
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 39461 (July 1, 2022).
2 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 2, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2021–2022:
Certain Steel Nails from the Sultanate of Oman’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 Id.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Preliminary Determination of No
Shipments
Based upon the no-shipment
certifications received by Commerce,
and our review of the U.S. Customs and
Border Protection (CBP) data, we
preliminary find that Geekay, Astrotech,
Trinity, and Modern had no shipments
during the POR. CBP did not provide
any information to contradict the claims
of no shipments during the POR.7
Consistent with Commerce’s practice,
we will not rescind the review with
respect to Geekay, Astrotech, Trinity,
and Modern in these preliminary
results, but rather will complete the
review and issue appropriate
liquidation instructions to CBP based on
the final results.8 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ However,
section 735(c)(5)(B) of the Act provides
that if the estimated weighted average
dumping margins for exporters and
producers individually examined are all
zero, de minimis, or based entirely on
facts available, Commerce may use any
reasonable method to establish the
estimated all-others rate.
7 See Memorandum, ‘‘No Shipment Inquiry for
Various Companies During the Period 07/01/2021
Through 06/30/2022,’’ {sic} dated July 20, 2023.
8 See, e.g., Welded Line Pipe from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2016–2017, 84 FR
4046, 4047 (February 14, 2019), unchanged in
Welded Line Pipe from the Republic of Korea: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2016–2017, 84 FR 27762 (June 14, 2019).
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52116-52120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16817]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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: https://access.trade.gov/help.aspx and a handbook
can be found at: https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\14\ See Commerce's Letter, ``Countervailing Duty Petition on
Certain Pea Protein from the People's Republic of China,'' dated
July 13, 2023.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\26\ See Petition at Volume I (pages 21-22 and Exhibits I-6 and
I-29.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\29\ See General Issues Supplement at 1 and Exhibit I-S1.
---------------------------------------------------------------------------
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 https://www.trade.gov/ec-adcvd-case-announcements. 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.
---------------------------------------------------------------------------
\30\ See section 703(a)(1) of the Act.
\31\ Id.
---------------------------------------------------------------------------
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: https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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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:
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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:
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.
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.
HPC pea protein that has been further processed to
create a small crunchy nugget commonly described as a pea protein
crisp.
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
