[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45924-45925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15196]



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INTERNATIONAL TRADE COMMISSION

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


Certain Pea Protein From China; Institution of Antidumping and 
Countervailing Duty Investigations and Scheduling of Preliminary Phase 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigation Nos. 701-TA-692 and 731-TA-1628 
(Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to 
determine whether there is a reasonable indication that 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,\1\ 
that are alleged to be sold in the United States at less than fair 
value and alleged to be subsidized by the Government of China. Unless 
the Department of Commerce (``Commerce'') extends the time for 
initiation, the Commission must reach a preliminary determination in 
antidumping and countervailing duty investigations in 45 days, or in 
this case by August 28, 2023. The Commission's views must be 
transmitted to Commerce within five business days thereafter, or by 
September 5, 2023.
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    \1\ Subject merchandise may also be reported under HTSUS 
statistical reporting number 2308.00.9890.

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DATES: July 12, 2023.

FOR FURTHER INFORMATION CONTACT: Tyler Berard (202-205-3354), 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: 
    Background.--These investigations are being instituted, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), in response to a petition filed on July 12, 
2023, by PURIS Proteins LLC, Minneapolis, Minnesota.
    For further information concerning the conduct of these 
investigations 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 B (19 CFR part 207).
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping duty and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Office of Investigations will hold an in-person 
staff conference in connection with the preliminary phase of these 
investigations beginning at 9:30 a.m. on August 2, 2023. Requests to 
appear at the conference should be emailed to 
[email protected] (DO NOT FILE ON EDIS) on or before 
July 31, 2023. Please provide an email address for each conference 
participant in the email. Information on conference procedures, format, 
and participation will be available on the Commission's Public 
Calendar. A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to participate by submitting a 
short statement.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document 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.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before 5:15 p.m. on August 7, 2023, a written brief containing 
information and arguments pertinent to the subject matter of the 
investigations. Parties shall file written testimony and supplementary 
material in connection with their presentation at the conference no 
later than noon on August 1, 2023. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 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.
    In accordance with sections 201.16(c) and 207.3 of the 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.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these investigations must certify that the information 
is accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that any 
information that it submits to the Commission during these 
investigations may be disclosed to and used: (i) by the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of these or related investigations or

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reviews, or (b) in internal investigations, audits, reviews, and 
evaluations relating to the programs, personnel, and operations of the 
Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: July 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15196 Filed 7-17-23; 8:45 am]
BILLING CODE 7020-02-P