Certain Pea Protein From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
| Published date | 05 March 2024 |
| Record Number | 2024-04577 |
| Citation | 89 FR 15895 |
| Court | International Trade Commission |
| Section | Notices |
Federal Register, Volume 89 Issue 44 (Tuesday, March 5, 2024)
[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]]
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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.
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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
