• Effective Date: Aug 21, 2024
  • Period of Review: Jan 01, 2022 to Dec 31, 2022
  • Cite as: 89 FR 68390 • Cite date: Aug 26, 2024
1. On 08/26/2024, Commerce published in the Federal Register its countervailing duty order on certain pea protein from the People's Republic of China (89 FR 68390). 2. The merchandise covered by this order 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 order. 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 order. 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 order unless specifically excluded. The following products, by way of example, are outside and/or specifically excluded from the scope of the order: - 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 is dispositive. 3. For imports of pea protein from China, CBP shall suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 08/21/2024 (date of publication of the International Trade Commission final determination in the Federal Register). Effective 08/21/2024, CBP shall require a cash deposit equal to the percentage identified below. Producer and/or Exporter: All Others Case Number: C-570-155-000 Cash Deposit: 15.84 percent Producer and/or Exporter: Yantai Oriental Protein Tech Co., Ltd.; Jiujiang Tiantai Food Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.; Yantai Yiyuan Bioengineering Co., Ltd; Yantai Zhongzhen Trading Co., Ltd. Case Number: C-570-155-001 Cash Deposit: 16.52 percent Producer and/or Exporter: Zhaoyuan Junbang Trading Co., Ltd.; Yantai Shuangta Food Co. Ltd. Case Number: C-570-155-002 Cash Deposit: 15.15 percent Producer and/or Exporter: Focusherb LLC Case Number: C-570-155-003 Cash Deposit: 355.89 percent Producer and/or Exporter: Golden Protein Limited Case Number: C-570-155-004 Cash Deposit: 355.89 percent Producer and/or Exporter: Shandong Jianyuan Bioengineering Co. Case Number: C-570-155-005 Cash Deposit: 355.89 percent Producer and/or Exporter: Yantai Wanpy International Trade Case Number: C-570-155-006 Cash Deposit: 355.89 percent 4. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII:KJ) 5. There are no restrictions on the release of this information. Alexander Amdur