[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52124-52128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16816]



[[Page 52124]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-154]


Certain Pea Protein From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable August 1, 2023.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Ann Marie Caton, 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) 482-2972 or (202) 
482-2607, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On July 12, 2023, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) 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 U.S. producer of pea protein.\1\ The Petition was 
accompanied by a countervailing duty (CVD) petition concerning imports 
of pea protein from China.\2\
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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 11, 2023 (Petition).
    \2\ Id.
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    On July 17 and 25, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ On July 
21 and 26, 2023, the petitioner filed timely responses to these 
requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Pea 
Protein from the People's Republic of China: Supplemental 
Questions,'' dated July 17, 2023; ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Pea Protein from the 
People's Republic of China: Supplemental Questions,'' dated July 17, 
2023; see also Memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated July 25, 2023 (Memorandum to the File on Scope).
    \4\ See Petitioner's Letter, ``Antidumping and Countervailing 
Duties on Imports of Certain Pea Protein from China: Response of 
Petitioner to Volume I of Supplemental Questionnaire,'' dated July 
21, 2023 (China AD Supplement); see also Petitioner's Letter, 
``Certain Pea Protein from China/Petitioner's Response to Second 
Supplemental Questionnaire,'' dated July 26, 2023 (Scope 
Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of pea protein 
from China are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that imports of such pea protein are materially injuring, or 
threatening material injury to, the pea protein industry in the United 
States. Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the Petition was filed on behalf of the 
domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested AD investigation.\5\
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    \5\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 
2023, through June 30, 2023.

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 the 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.\6\ On July 21 and 26, 
2023, the petitioner provided clarifications and revised the scope.\7\ 
The description of merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \6\ See General Issues Questionnaire at 3-4; see also Memorandum 
to the File on Scope.
    \7\ See General Issues Supplement at 2-8 and Exhibit I-S3; see 
also Scope Supplement.
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    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).\8\ Commerce will consider all scope comments 
received and, if necessary, will consult with interested parties prior 
to the issuance of the preliminary determination. If scope comments 
include factual information,\9\ all such factual information should be 
limited to public information. 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.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the record of the concurrent CVD 
investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\10\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \10\ 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 help 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.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of pea protein to be 
reported in response to Commerce's AD questionnaire. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics.

[[Page 52125]]

In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all product 
characteristics comments must be filed by 5 p.m. 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 10 calendar days after the 
initial comment deadline. All comments and submissions to Commerce must 
be filed electronically using ACCESS, as explained above, on the record 
of the AD investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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,\11\ 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.\12\
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    \11\ See section 771(10) of the Act.
    \12\ 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)).
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    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.\13\ 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.\14\
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    \13\ See Petition at Volume I (pages 13-20 and Exhibits I-17 
through I-27); see also General Issues Supplement at 9-15.
    \14\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Certain Pea 
Protein from the People's Republic of China (China AD Initiation 
Checklist) at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions 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.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition 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.\15\ We relied on data provided by the petitioner for purposes 
of measuring industry support.\16\
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    \15\ 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.
    \16\ 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 AD Initiation 
Checklist.
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    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.\17\ 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).\18\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(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.\19\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(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.\20\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\21\
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    \17\ 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 AD Initiation 
Checklist.
    \18\ See Attachment II of the China AD Initiation Checklist; see 
also section 732(c)(4)(D) of the Act.
    \19\ See Attachment II of the China AD Initiation Checklist.
    \20\ Id.
    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\22\
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    \22\ See Petition at Volume I (pages 21-22 and Exhibits I-6 and 
I-29).
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    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.\23\ We

[[Page 52126]]

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.\24\
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    \23\ Id. at Volume I (pages 21-41 and Exhibits I-4, I-6, I-29 
through I-32, and I-34 through I-41).
    \24\ See China AD 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.
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Allegations of Sales at LTFV

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of imports of pea protein from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the China AD Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on a transaction-specific 
average unit value (AUV) (i.e., a month and port-specific AUV) derived 
from official import data and tied to ship manifest data. The 
petitioner made certain adjustments to this U.S. price to calculate a 
net ex-factory U.S. price.\25\
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    \25\ See China AD Initiation Checklist.
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    The petitioner also based EPs on pricing information for sales of, 
or offers for sale of, pea protein produced in and exported from China. 
The petitioner made certain adjustments to these U.S. prices to 
calculate a net ex-factory U.S. price, where applicable.\26\
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    \26\ Id.
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Normal Value

    Commerce considers China to be an NME country.\27\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
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    \27\ See, e.g., Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value and 
Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 
2017), and accompanying Preliminary Decision Memorandum at ``China's 
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
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    The petitioner states that the Republic of Turkey (Turkey) is an 
appropriate surrogate country because Turkey is a market economy 
country that is at a level of economic development comparable to that 
of China and a significant producer of comparable merchandise.\28\ The 
petitioner submitted publicly-available information from Turkey to 
value all FOPs.\29\ Based on the information provided by the 
petitioner, we determine that it is appropriate to use Turkey as a 
surrogate country for China for initiation purposes.
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    \28\ See Petition at Volume II at 3-4.
    \29\ Id. at 4-6 and Exhibit II-12.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selections and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    The petitioner used the product-specific consumption rates of a 
U.S. producer of pea protein as a surrogate to value Chinese 
manufacturers' FOPs.\30\ Additionally, the petitioner calculated 
factory overhead; selling, general and administrative expenses; and 
profit based on the experience of a Turkish producer of comparable 
merchandise (i.e., milled food products).\31\
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    \30\ See Petition at Volume I at 8 and Exhibits I-6, I-17, and 
I-18; see also Petition at Volume II at 4 and Exhibit II-13.
    \31\ See Petition at Volume II at 4-6 and Exhibit II-12.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of pea protein from China are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of EP to 
NV, in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins for pea protein range from 18.48 percent to 280.31 
percent ad valorem.\32\
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    \32\ See China AD Initiation Checklist for details of the 
calculations.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that the Petition meets the requirements of section 
732 of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of pea protein from China are being, or are 
likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioner named 18 companies in China as 
producers and/or exporters of pea protein.\33\ In accordance with our 
standard practice for respondent selection in AD investigations 
involving NME countries, Commerce selects respondents based on quantity 
and value (Q&V) questionnaires in cases where it determines that the 
number of companies is large and it cannot individually examine each 
company based upon its resources. Therefore, considering the number of 
producers and/or exporters identified in the Petition, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce decides 
to limit the number of respondents individually examined pursuant to 
section 777A(c)(2) of the Act. Because there are 18 Chinese producers 
and/or exporters identified in the Petition, Commerce has determined 
that it will issue Q&V questionnaires to each potential respondent for 
which the petitioner has provided a complete address.
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    \33\ See China AD Supplement at 1 and Exhibit I-S1.
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    In addition, Commerce will post the Q&V questionnaires along with 
filing instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of pea protein from China 
that do not receive Q&V questionnaires may still submit a response to 
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire 
from Commerce's website. In accordance with the standard practice for 
respondent selection in AD cases involving NME countries, in the event 
Commerce decides to limit the number of respondents individually 
investigated, Commerce intends to base respondent selection on the 
responses to the Q&V questionnaire that it receives.
    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 questionnaire 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.
    Interested parties must submit applications for disclosure under

[[Page 52127]]

administrative protective order in accordance with 19 CFR 351.305(b). 
Instructions for filing such applications may be found on Commerce's 
website at https://www.trade.gov/administrative-protective-orders. 
Commerce intends to make its decisions regarding respondent selection 
within 20 days of publication of this notice.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers who submit a separate rate application and are selected as 
mandatory respondents will be eligible for consideration for separate 
rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
companies from China submit a response both to the Q&V questionnaire 
and to the separate rate application by the respective deadlines in 
order to receive consideration for separate rate status. Companies not 
filing a timely Q&V questionnaire response will not receive separate 
rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\34\
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    \34\ See Enforcement and Compliance's Policy Bulletin 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the government of China, via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the AD Petition to each exporter named in the AD Petition, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(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.\35\ A 
negative ITC determination will result in the investigation being 
terminated.\36\ Otherwise, this AD investigation will proceed according 
to statutory and regulatory time limits.
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    \35\ See section 733(a) of the Act.
    \36\ Id.
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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 \37\ 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.\38\ 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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    \37\ See 19 CFR 351.301(b).
    \38\ 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. 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, we 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, standalone submission; under limited circumstances, 
Commerce will grant untimely filed requests for the extension of time 
limits, where we determine, based on 19 CFR 351.302, that extraordinary 
circumstances exist. Parties should review Commerce's regulations 
concerning the extension of time limits and the Time Limits Final Rule 
prior to submitting factual information in this investigation.\39\
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    \39\ See 19 CFR 351.302; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), 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.\40\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\41\ Commerce intends to reject factual submissions if the

[[Page 52128]]

submitting party does not comply with the applicable certification 
requirements.
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    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are 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 letter of appearance).\42\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\43\
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    \42\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \43\ 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 732(c)(2) 
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 
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.

[FR Doc. 2023-16816 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P