New AD/CVD Petitions: Pea Protein from China

On July 12, 2023, PURIS Proteins filed antidumping (AD) and countervailing obligation (CVD) petitions in opposition to Pea Protein from China. Pea Protein is normally bought in powder kind and is a meals ingredient for meals bought to people who’re allergic to glutens (e.g., snack bars, plant-based meat merchandise, different gluten-free meals).

The U.S. Division of Commerce (“DOC”) and U.S. Worldwide Commerce Fee (“ITC”) will conduct investigations to additional study the allegations made within the petition. DOC will examine whether or not the named topic imports are being bought to the USA at lower than honest worth (“dumping”) or profit from unfair authorities subsidies. ITC will examine whether or not the topic imports are inflicting “materials damage” or “menace of fabric damage” to the home business. Each businesses should make affirmative findings of damage or menace of damage (ITC) or of dumping or subsidies (DOC) for AD/CVD duties to be imposed on the topic imports.

Scope

The proposed scope definition of this case covers excessive protein content material (“HPC”) pea protein, which is a protein derived from peas (together with, however not restricted to, yellow discipline peas and inexperienced discipline peas) containing greater than 65 % protein on a dry weight foundation. HPC pea protein may be recognized as pea protein focus, pea protein isolate, hydrolyzed pea protein, pea peptides, and fermented pea protein. Pea protein, together with HPC pea protein, has the Chemical Abstracts Service (“CAS”) registry quantity 222400-29-5.

The scope covers HPC pea protein in all bodily varieties, together with all liquid (e.g.,resolution) and strong (e.g., powder) varieties, no matter packaging.

The scope contains HPC pea protein described above that’s blended, mixed, or blended with non-subject pea protein or with different merchandise, together with with protein powders, dry beverage blends, and protein fortified drinks. For any such blended, mixed, or blended merchandise, solely the HPC pea protein element is roofed by the scope of those investigations. HPC pea protein that has been blended, mixed, or blended with different merchandise is included throughout the scope, no matter whether or not the mixing, combining, or mixing happens in third nations.

HPC pea protein in any other case throughout the scope is roofed when blended, mixed, or blended with HPC pea protein from sources not topic to this investigation, although solely the topic element of the commingled product is roofed by the scope.

A mix, mixture, or combination is excluded from the scope of those investigations if its complete HPC pea protein content material (whatever the supply or sources) constitutes lower than 5 % of the mix, mixture, or combination on a dry weight foundation.

The merchandise coated by the scope is assessed beneath classes 3504.00.1000, 3504.00.5000, and 2106.10.0000 of the Harmonized Tariff Schedule of the USA (“HTSUS”). This merchandise may enter the U.S. market beneath HTSUS class 2308.00.9890.

See the total proposed scope definition right here.

Alleged AD/CVD Margins

Petitioner calculated estimated dumping margins for China at 23.86% to 291.74%.

Petitioner didn’t present particular Chinese language subsidy margin calculations.

Named China Exporters/ Producers

Petitioner included an inventory of corporations it believes to be the producers and exporters of the topic merchandise. See the connected listing of those producers and exporters right here. Many of those Chinese language exporters/producers are primarily based in Shandong Province.

Named Importers

Petitioner included an inventory of corporations it believes to be the U.S. importers of the topic merchandise. See the connected listing of those U.S. and Canadian importers right here.

Estimated Schedule of Investigations

July 12, 2023 – Petitions filed

August 1, 2023 – DOC initiates investigation

August 2, 2023 – ITC Workers Convention

August 26, 2023 – ITC preliminary willpower

December 9, 2023 – DOC CVD preliminary willpower, assuming an prolonged deadline. It is going to be 100/5/23 if the deadline shouldn’t be prolonged.

February 7, 2024 – DOC AD preliminary willpower (assuming prolonged deadline) It is going to be 12/19/23 if the deadline shouldn’t be prolonged.

June 21, 2024 – DOC closing willpower (prolonged)

August 5, 2024 – ITC closing willpower (prolonged)

August 12, 2024 – DOC AD/CVD orders issued (prolonged)

Firms impacted by these investigations/proceedings will probably be certain by strict statutory deadlines and thus ought to start making ready their defenses as shortly as doable. If your organization is concerned with this merchandise, please be happy to contact Harris Bricken to obtain further data because it turns into out there.

Companies topic to those investigations/proceedings might want to navigate stringent statutory deadlines, necessitating instant graduation of protection preparation. If your organization is concerned with merchandise throughout the scope of those investigations, please be happy to succeed in out to our worldwide commerce workforce for related updates and help. We might help you in gaining an knowledgeable understanding of the pea protein state of affairs and in formulating a proactive technique for responding to it.