Certain Pea Protein From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 15895-15896 [2024-04577]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15895-15896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04577]



[[Page 15895]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-692 and 731-TA-1628 (Final)]


Certain Pea Protein From China; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-692 and 731-TA-1628 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of certain pea protein from China, 
provided for in subheadings 3504.00.10, 3504.00.50, and 2106.10.00 of 
the Harmonized Tariff Schedule of the United States, preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized and sold at less-than-fair-value.

DATES: February 13, 2024.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as 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 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 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, 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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of pea protein, and that such products are being 
sold in the United States at less than fair value within the meaning of 
Sec.  733 of the Act (19 U.S.C. 1673b). The investigations were 
requested in petitions filed on July 12, 2023, by PURIS Proteins, LLC, 
Minneapolis, Minnesota.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document

[[Page 15896]]

Information System (EDIS, https://edis.usitc.gov.) No in-person paper-
based filings or paper copies of any electronic filings will be 
accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on June 11, 
2024, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
June 25, 2024. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Wednesday, 
June 19, 2024. Any requests to appear as a witness via videoconference 
must be included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the investigation, may in their discretion for good cause 
shown, grant such a request. Requests to appear as remote witness due 
to illness or a positive COVID-19 test result may be submitted by 3 
p.m. the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Thursday, 
June 20, 2024. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4 p.m. on June 24, 2024. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is June 18, 2024. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is July 2, 2024. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before July 2, 2024. On July 19, 2024, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before July 23, 2024, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.
    By order of the Commission.

    Issued: February 29, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04577 Filed 3-4-24; 8:45 am]
BILLING CODE 7020-02-P