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, 55559-55562 [2024-14686]
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Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Critical Circumstances
Determination
V. Subsidies Valuation Information
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VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Application of
Adverse Facts Available (AFA) for the
Provision of Whole Peas for Less Than
Adequate Remuneration (LTAR) Is
Appropriate
Comment 2: Whether the Application of
AFA for the Provision of Electricity for
LTAR Is Appropriate
Comment 3: Whether Policy Loans to the
Pea Protein Industry Are Countervailable
Comment 4: Whether Commerce Should
Apply AFA Regarding the Export Buyer’s
Credits Program (EBCP)
Comment 5: Whether the Income Tax
Deductions for Research and
Development (R&D) Expenses Under the
Enterprise Income Tax (EIT) Law
Program Are Specific
Comment 6: Appropriate Benefit
Calculation for the Income Tax
Deduction for R&D Expenses Program
Comment 7: Whether to Use a Different
Sales Denominator in Junbang’s Income
Tax Program Benefit Calculations
Comment 8: Appropriate Cash Deposit Rate
for Cooperative Exporters
IX. Calculation of the All-Others Rate
X. Recommendation
[FR Doc. 2024–14687 Filed 7–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–154]
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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
certain pea protein (pea protein) from
the People’s Republic of China (China)
is being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
January 1, 2023, through June 30, 2023.
SUMMARY:
DATES:
Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Sofia Pedrelli or Katherine Smith, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4310 or (202) 482–0557,
respectively.
SUPPLEMENTARY INFORMATION:
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55559
Background
On February 13, 2024, Commerce
published its Preliminary Determination
in the Federal Register, in which we
postponed the final determination until
June 27, 2024, and invited parties to
comment on the Preliminary
Determination.1
For a summary of the events that
occurred since the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, see the
Issues and Decision Memorandum.2 The
Issues and Decision Memorandum is a
public document and is made available
to the public 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is pea protein from China.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
On February 7, 2024, Commerce
issued a Preliminary Scope Decision
Memorandum in which it determined
not to modify the language of the scope
as it regards pea protein from China.3
We received no scope case briefs from
interested parties. Therefore, the scope
of the investigation, as contained in the
Preliminary Determination, remains
unchanged as noted in appendix I.
Final Affirmative Determination of
Critical Circumstances
We continue to find that critical
circumstances exist for imports of pea
protein from China for the separate rate
companies and the China-wide entity,
1 See 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)
(Preliminary Determination), and accompanying
Preliminary Decision memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination in the Less-Than-Fair
Value Investigation of Certain Pea Protein from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Pea
Protein from the People’s Republic of China:
Preliminary Scope Decision Memorandum,’’ dated
February 7, 2024.
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Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
pursuant to section 735(a)(3)(B) of Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.206. For further discussion
of this issue, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is attached as
appendix II to this notice.
Application of Total Adverse Facts
Available With Respect to the ChinaWide Entity
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Consistent with the Preliminary
Determination, Commerce continues to
find, pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act, that the use of
facts available is warranted in
determining the rate of the China-wide
entity, which includes Junbang Trading
Co., Ltd. (Junbang) and Yantai
Zhongzhen Trading Co.; Yantai Oriental
Protein Tech Co.; and Jiugiang Tinti
Food., Ltd. (collectively, the Zhongzhen
Companies).4 Furthermore, we continue
to find that an adverse inference is
warranted in selecting from the facts
otherwise available, pursuant to section
776(b) of the Act and 19 CFR 351.308(a),
because the China-wide entity failed to
cooperate by not acting to the best of its
ability to comply with Commerce’s
requests for information. As adverse
facts available (AFA), we continue to
apply the highest rate from the petition
(i.e., 280.31 percent) because it is a rate
derived from information submitted on
the record and achieves the right
balance between the goal of inducing
future cooperation by the uncooperative
respondent and the rate not being
punitive.5
Separate Rates
We preliminarily found certain
companies to be eligible for a separate
rate in the Preliminary Determination.6
No interested party commented on our
preliminary separate rate determination
with respect to the companies that we
found were eligible for a separate rate,
and we have no basis to otherwise
reconsider this determination.
Accordingly, we continue to find that
these companies are eligible for a
separate rate in the final determination.
As noted above, we continue to treat
Junbang and the Zhongzhen Companies
as a part of the China-wide entity.
In calculating the rate for nonindividually examined separate rate
respondents in a non-market economy
LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of
the Act, which pertains to the
calculation of the all-others rate in a
market economy LTFV investigation, for
guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for those companies
individually examined, excluding any
margins that are zero, de minimis, or
based entirely under section 776 of the
Act. The statute further provides that,
where all margins are zero, de minimis,
or based entirely on facts available
under section 776 of the Act, Commerce
may use ‘‘any reasonable method’’ for
assigning the rate to non-selected
respondents.7
The estimated weighted-average
dumping margins in this final
determination are based entirely under
section 776 of the Act. In investigations
where no estimated weighted-average
dumping margins other than zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually examined
entities, in accordance with section
735(c)(5)(B) of the Act, Commerce
typically calculates a simple average of
the margins alleged in the petition and
applies the results to all other entities
not individually examined.8 The simple
average of the petition rates in this
LTFV investigation is 122.19
percent.9 See the table below in the
‘‘Final Determination’’ section of this
notice.
Combination Rates
Consistent with the Initiation Notice,
Preliminary Determination, and Policy
Bulletin 05.1, Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.10
Final Determination
The final estimated weighted-average
dumping margins are as follows: 11
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Fenchem Biotek Ltd .....................................................
Jianyuan International Co., Ltd ....................................
Jianyuan International Co., Ltd ....................................
KTL Pharmaceutical Co., Limited .................................
Linyi Yuwang Vegetable Protein Co., Ltd ....................
Nutracean Co., Ltd .......................................................
Nutracean Co., Ltd .......................................................
Shandong Yuwang Ecological Food Industry Co., Ltd
Yantai T.Full Biotech Co., Ltd ......................................
Yosin Biotechnology (Yantai) Co., Ltd .........................
Yantai Shuangta Food Co., Ltd ....................................
Shandong Jianyuan Bioengineering Co., Ltd ...............
Hengyuan Biotechnology Co., Ltd ................................
Jiujiang Tiantai Food Co., Ltd ......................................
Linyi Yuwang Vegetable Protein Co., Ltd ....................
Yantai Shuangta Food Co., Ltd ....................................
Zhaoyuan Junbang Trading Co., Ltd ...........................
Linyi Yuwang Vegetable Protein Co., Ltd ....................
Yantai T.Full Biotech Co., Ltd ......................................
Yosin Biotechnology (Yantai) Co., Ltd .........................
4 See Preliminary Determination PDM at 11–15.
We preliminarily found that the Zhongzhen
Companies should be treated as a single entity. Id.
at 4–5; see also Memorandum, ‘‘Preliminary
Determination of Affiliation and Single Entity
Determination for Yantai Zhongzhen Trading Co.,
Ltd.,’’ dated February 7, 2024. No interested party
commented on this finding, and we continue to find
that these companies should be treated as a single
entity for our final determination.
5 See Issues and Decision Memorandum at
Comment 5.
6 See Preliminary Determination PDM at 6–7.
7 See section 735(c)(5)(B) of the Act.
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8 See, e.g., Certain Preserved Mushrooms from
Spain: Final Affirmative Determination of Sales
Less Than Fair Value, 88 FR 18120 (March 27,
2023).
9 See Puris Proteins, LLC’s Letter, ‘‘Response of
Petitioner to Volume II Supplemental
Questionnaire,’’ dated July 21, 2023, at Exhibit II–
S14; see also Issues and Decision Memorandum at
Comment 4.
10 See Certain Pea Protein from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 88 FR 52124 (August 7, 2023);
see also Preliminary Determination; and
Enforcement and Compliance’s Policy Bulletin No.
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122.19
122.19
122.19
122.19
122.19
122.19
122.19
122.19
122.19
122.19
Cash deposit
rate
(adjusted
for subsidy
offset)
(percent)
111.65
111.65
111.65
111.65
111.65
111.65
111.65
111.65
111.65
111.65
05.1, regarding, ‘‘Separate-Rates Practice and
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries,’’ dated April 5, 2004 (Policy Bulletin
05.1), available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
11 We continue to find that neither the Zhongzhen
Companies nor Junbang, the respondents selected
for individual examination in this investigation, are
eligible for a separate rate; thus the China-wide
entity includes the Zhongzhen Companies and
Junbang. See Issues and Decision memorandum at
Comments 1 and 2 for additional details.
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Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
Cash deposit
rate
(adjusted
for subsidy
offset)
(percent)
Exporter
Producer
Yosin Import and Export (Yantai) Co., Ltd ...................
Hainan Zhongxin Chemical Co., Ltd ............................
Hainan Zhongxin Chemical Co., Ltd ............................
Hainan Zhongxin Chemical Co., Ltd ............................
Hainan Zhongxin Chemical Co., Ltd ............................
Hainan Zhongxin Chemical Co., Ltd ............................
Yosin Biotechnology (Yantai) Co., Ltd .........................
Shandong Hua-Thai Food Products Co., Ltd ...............
Shandong Jundu Talin Foods Co., Ltd ........................
Yosin Biotechnology (Yantai) Co., Ltd .........................
Yosin Import and Export (Yantai) Co., Ltd ...................
Yantai Shuangta Food Co., Ltd ....................................
122.19
122.19
122.19
122.19
122.19
122.19
111.65
111.65
111.65
111.65
111.65
111.65
China-wide Entity .....................................................................................................................................................
280.31
269.77
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination within five days of its
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
However, because Commerce continues
to find the mandatory respondents are
part of the China-wide entity, applied
total AFA to the China-wide entity in
this investigation in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the petition,
there are no calculations to disclose.
Continuation of Suspension of
Liquidation
ddrumheller on DSK120RN23PROD with NOTICES1
Estimated
weightedaverage
dumping
margin
(percent)
In accordance with section 735(c)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for the non-selected separate rate
companies and the China-wide entity,
we will instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of subject
merchandise, as described in Appendix
I of this notice, 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 Preliminary
Determination in the Federal Register.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. However, suspension of
liquidation of provisional measures in
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the companion CVD investigation has
been discontinued; therefore, we are not
instructing CBP to collect cash deposits
based upon the adjusted estimated
weighted-average dumping margin for
those export subsidies at this time.12
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the amount by which the normal value
exceeds the U.S. price as follows: (1) for
the producer/exporter combinations
listed in the table above, the cash
deposit rate is equal to the estimated
weighted-average dumping margin
listed for that combination in the table;
(2) for all combinations of Chinese
producers/exporters of subject
merchandise that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third country
exporters of subject merchandise not
listed in the table above, the cash
deposit rate is the cash deposit rate
applicable to the Chinese producer/
exporter combination (or China-wide
entity) that supplied that third-country
exporter. These suspension of
liquidation instructions will remain in
effect until further notice.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
at LTFV. Because the final
12 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); see also section 703(d) of the
Act, which states that the provisional measures may
not be in effect for more than four months, which
in the companion CVD case is 120 days after the
publication of the preliminary determination, or
April 14, 2023.
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determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
pea protein from China no later than 45
days after this final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded or
canceled, and suspension of liquidation
will be lifted. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order (APO)
This notice will serve as the final
reminder to the parties subject to an
APO of their responsibility concerning
the destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
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
This determination and this notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act, and 19 CFR 351.210(c).
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Dated: June 27, 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.
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Appendix I
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 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
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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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Adjustment Under Section 777A(f) of the
Act
IV. Adjustments to Cash Deposit Rates for
Export Subsidies
V. Final Affirmative Determination of Critical
Circumstances
VI. Discussion of the Issues
Comment 1: The Zhongzhen Companies’
Separate Rate Status
Comment 2: Junbang’s Separate Rate Status
Comment 3: Calculation and Reporting
Methodology
Comment 4: Rate Assigned to Separate Rate
Companies
Comment 5: China-wide Entity Rate
Comment 6: Critical Circumstances
Comment 7: Verification
VII. Recommendation
[FR Doc. 2024–14686 Filed 7–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results and Final
Partial Rescission of Antidumping
Duty Administrative Review; and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has determined
that Shenzhen Sungold Solar Co., Ltd.
(Sungold), and the companies to which
Commerce granted separate rates, did
not sell subject merchandise at prices
below normal value (NV) during the
period December 1, 2021, through
November 30, 2022, the period of
review (POR). Commerce also
AGENCY:
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determined that certain companies do
not qualify for a separate rate, and that
it is appropriate to rescind this review
with respect to certain companies that
did not ship subject merchandise during
the POR.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts or Paola Aleman Ordaz,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223 or
(202) 482–4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2024, Commerce
published the Preliminary Results of
this review in the Federal Register.1 For
details regarding the events that
occurred since publication of the
Preliminary Results in the Federal
Register, see the Issues and Decision
Memorandum.2 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The merchandise covered by the
Order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials. For a complete
description of the scope of the Order,
see the Issues Decision Memorandum.
Analysis of Comments Received
We addressed all the issues raised in
interested parties’ case and rebuttal
briefs in the Issues and Decision
Memorandum. A list of the issues raised
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Administrative Review,
and Preliminary Determination of No Shipments;
2021–2022, 89 FR 457 (January 4, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum ‘‘Decision Memorandum for
the Final Results of the Administrative Review of
the Antidumping Duty Order on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China;
2021–2022’’ dated concurrently with, and adopted
by, this notice (Issues and Decision Memorandum).
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (Order).
E:\FR\FM\05JYN1.SGM
05JYN1
]]>Agencies
[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55559-55562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14686]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-154]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain pea protein (pea protein) from the People's Republic of China
(China) is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation is January 1, 2023,
through June 30, 2023.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Sofia Pedrelli or Katherine Smith, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4310 or (202)
482-0557, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2024, Commerce published its Preliminary
Determination in the Federal Register, in which we postponed the final
determination until June 27, 2024, and invited parties to comment on
the Preliminary Determination.\1\
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\1\ See 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) (Preliminary
Determination), and accompanying Preliminary Decision memorandum
(PDM).
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For a summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, see the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is made available to the public 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Less-Than-Fair Value Investigation of Certain
Pea Protein from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is pea protein from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
On February 7, 2024, Commerce issued a Preliminary Scope Decision
Memorandum in which it determined not to modify the language of the
scope as it regards pea protein from China.\3\ We received no scope
case briefs from interested parties. Therefore, the scope of the
investigation, as contained in the Preliminary Determination, remains
unchanged as noted in appendix I.
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\3\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Pea Protein from the People's
Republic of China: Preliminary Scope Decision Memorandum,'' dated
February 7, 2024.
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Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist for imports
of pea protein from China for the separate rate companies and the
China-wide entity,
[[Page 55560]]
pursuant to section 735(a)(3)(B) of Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.206. For further discussion of this issue, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties are addressed in the Issues and Decision Memorandum.
A list of the issues addressed in the Issues and Decision Memorandum is
attached as appendix II to this notice.
Application of Total Adverse Facts Available With Respect to the China-
Wide Entity
Consistent with the Preliminary Determination, Commerce continues
to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of the Act,
that the use of facts available is warranted in determining the rate of
the China-wide entity, which includes Junbang Trading Co., Ltd.
(Junbang) and Yantai Zhongzhen Trading Co.; Yantai Oriental Protein
Tech Co.; and Jiugiang Tinti Food., Ltd. (collectively, the Zhongzhen
Companies).\4\ Furthermore, we continue to find that an adverse
inference is warranted in selecting from the facts otherwise available,
pursuant to section 776(b) of the Act and 19 CFR 351.308(a), because
the China-wide entity failed to cooperate by not acting to the best of
its ability to comply with Commerce's requests for information. As
adverse facts available (AFA), we continue to apply the highest rate
from the petition (i.e., 280.31 percent) because it is a rate derived
from information submitted on the record and achieves the right balance
between the goal of inducing future cooperation by the uncooperative
respondent and the rate not being punitive.\5\
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\4\ See Preliminary Determination PDM at 11-15. We preliminarily
found that the Zhongzhen Companies should be treated as a single
entity. Id. at 4-5; see also Memorandum, ``Preliminary Determination
of Affiliation and Single Entity Determination for Yantai Zhongzhen
Trading Co., Ltd.,'' dated February 7, 2024. No interested party
commented on this finding, and we continue to find that these
companies should be treated as a single entity for our final
determination.
\5\ See Issues and Decision Memorandum at Comment 5.
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Separate Rates
We preliminarily found certain companies to be eligible for a
separate rate in the Preliminary Determination.\6\ No interested party
commented on our preliminary separate rate determination with respect
to the companies that we found were eligible for a separate rate, and
we have no basis to otherwise reconsider this determination.
Accordingly, we continue to find that these companies are eligible for
a separate rate in the final determination. As noted above, we continue
to treat Junbang and the Zhongzhen Companies as a part of the China-
wide entity.
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\6\ See Preliminary Determination PDM at 6-7.
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In calculating the rate for non-individually examined separate rate
respondents in a non-market economy LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of the Act, which pertains to
the calculation of the all-others rate in a market economy LTFV
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for those companies individually examined, excluding any margins that
are zero, de minimis, or based entirely under section 776 of the Act.
The statute further provides that, where all margins are zero, de
minimis, or based entirely on facts available under section 776 of the
Act, Commerce may use ``any reasonable method'' for assigning the rate
to non-selected respondents.\7\
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\7\ See section 735(c)(5)(B) of the Act.
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The estimated weighted-average dumping margins in this final
determination are based entirely under section 776 of the Act. In
investigations where no estimated weighted-average dumping margins
other than zero, de minimis, or those determined entirely under section
776 of the Act have been established for individually examined
entities, in accordance with section 735(c)(5)(B) of the Act, Commerce
typically calculates a simple average of the margins alleged in the
petition and applies the results to all other entities not individually
examined.\8\ The simple average of the petition rates in this LTFV
investigation is 122.19 percent.\9\ See the table below in the ``Final
Determination'' section of this notice.
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\8\ See, e.g., Certain Preserved Mushrooms from Spain: Final
Affirmative Determination of Sales Less Than Fair Value, 88 FR 18120
(March 27, 2023).
\9\ See Puris Proteins, LLC's Letter, ``Response of Petitioner
to Volume II Supplemental Questionnaire,'' dated July 21, 2023, at
Exhibit II-S14; see also Issues and Decision Memorandum at Comment
4.
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Combination Rates
Consistent with the Initiation Notice, Preliminary Determination,
and Policy Bulletin 05.1, Commerce calculated combination rates for the
respondents that are eligible for a separate rate in this
investigation.\10\
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\10\ See Certain Pea Protein from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 88 FR 52124
(August 7, 2023); see also Preliminary Determination; and
Enforcement and Compliance's Policy Bulletin No. 05.1, regarding,
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
dated April 5, 2004 (Policy Bulletin 05.1), available on Commerce's
website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows: \11\
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\11\ We continue to find that neither the Zhongzhen Companies
nor Junbang, the respondents selected for individual examination in
this investigation, are eligible for a separate rate; thus the
China-wide entity includes the Zhongzhen Companies and Junbang. See
Issues and Decision memorandum at Comments 1 and 2 for additional
details.
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offset)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Fenchem Biotek Ltd......................... Yantai Shuangta Food Co., Ltd...... 122.19 111.65
Jianyuan International Co., Ltd............ Shandong Jianyuan Bioengineering 122.19 111.65
Co., Ltd.
Jianyuan International Co., Ltd............ Hengyuan Biotechnology Co., Ltd.... 122.19 111.65
KTL Pharmaceutical Co., Limited............ Jiujiang Tiantai Food Co., Ltd..... 122.19 111.65
Linyi Yuwang Vegetable Protein Co., Ltd.... Linyi Yuwang Vegetable Protein Co., 122.19 111.65
Ltd.
Nutracean Co., Ltd......................... Yantai Shuangta Food Co., Ltd...... 122.19 111.65
Nutracean Co., Ltd......................... Zhaoyuan Junbang Trading Co., Ltd.. 122.19 111.65
Shandong Yuwang Ecological Food Industry Linyi Yuwang Vegetable Protein Co., 122.19 111.65
Co., Ltd. Ltd.
Yantai T.Full Biotech Co., Ltd............. Yantai T.Full Biotech Co., Ltd..... 122.19 111.65
Yosin Biotechnology (Yantai) Co., Ltd...... Yosin Biotechnology (Yantai) Co., 122.19 111.65
Ltd.
[[Page 55561]]
Yosin Import and Export (Yantai) Co., Ltd.. Yosin Biotechnology (Yantai) Co., 122.19 111.65
Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Shandong Hua-Thai Food Products 122.19 111.65
Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Shandong Jundu Talin Foods Co., Ltd 122.19 111.65
Hainan Zhongxin Chemical Co., Ltd.......... Yosin Biotechnology (Yantai) Co., 122.19 111.65
Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Yosin Import and Export (Yantai) 122.19 111.65
Co., Ltd.
Hainan Zhongxin Chemical Co., Ltd.......... Yantai Shuangta Food Co., Ltd...... 122.19 111.65
-------------------------------
China-wide Entity............................................................... 280.31 269.77
----------------------------------------------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
its public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b). However, because Commerce continues to find the
mandatory respondents are part of the China-wide entity, applied total
AFA to the China-wide entity in this investigation in accordance with
section 776 of the Act, and the applied AFA rate is based solely on the
petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for the non-
selected separate rate companies and the China-wide entity, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise, as described in Appendix I
of this notice, 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 Preliminary Determination in the Federal
Register.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. However, suspension of liquidation of
provisional measures in the companion CVD investigation has been
discontinued; therefore, we are not instructing CBP to collect cash
deposits based upon the adjusted estimated weighted-average dumping
margin for those export subsidies at this time.\12\
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\12\ 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); see also section
703(d) of the Act, which states that the provisional measures may
not be in effect for more than four months, which in the companion
CVD case is 120 days after the publication of the preliminary
determination, or April 14, 2023.
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Chinese
producers/exporters of subject merchandise that have not established
eligibility for their own separate rates, the cash deposit rate will be
equal to the estimated weighted-average dumping margin established for
the China-wide entity; and (3) for all third country exporters of
subject merchandise not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination (or China-wide entity) that supplied that third-
country exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of pea protein from China no later than 45 days after
this final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded or canceled, and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order (APO)
This notice will serve as the final reminder to the parties subject
to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
[[Page 55562]]
Dated: June 27, 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 I
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
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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Adjustment Under Section 777A(f) of the Act
IV. Adjustments to Cash Deposit Rates for Export Subsidies
V. Final Affirmative Determination of Critical Circumstances
VI. Discussion of the Issues
Comment 1: The Zhongzhen Companies' Separate Rate Status
Comment 2: Junbang's Separate Rate Status
Comment 3: Calculation and Reporting Methodology
Comment 4: Rate Assigned to Separate Rate Companies
Comment 5: China-wide Entity Rate
Comment 6: Critical Circumstances
Comment 7: Verification
VII. Recommendation
[FR Doc. 2024-14686 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P
