On June 12, 2023, PURIS Proteins, LLC (“Petitioner”) filed a petition for the imposition of antidumping duties and countervailing duties on U.S. imports of certain pea protein from China.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise that Petitioner intends to be
included in the scope of these investigations:
The product within the scope of these investigations 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 more than 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.
The scope includes HPC pea protein described above that is blended, combined, or mixed with non-subject pea protein or with other products, including, but not limited to, 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 these investigations. 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 5
percent of the blend, combination, or mixture on a dry weight basis.
The merchandise covered by the scope are 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.
PETITIONERS
PURIS Proteins, LLC
COUNSEL FOR PETITIONERS
KING & SPALDING LLP
1700 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
(202) 737-0500
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II
ESTIMATED SCHEDULE
| Event | Earliest Date |
| Petition Filed | July 12, 2023 |
| DOC Initiation | August 1, 2023 |
| ITC Preliminary Investigation: | |
| Questionnaires Due | July 26, 2023 |
| Request to appear at hearing | July 31, 2023 |
| Hearing | August 2, 2023 |
| Briefs | August 7, 2023 |
| ITC Vote | August 26, 2023 |
| DOC Investigation Schedule: | |
| DOC Preliminary Antidumping Determination | December 19, 2023 |
| DOC Final Antidumping Determination | March 3, 2024 |
| DOC Preliminary Countervailing Determination | October 5, 2023 |
| DOC Final Countervailing Determination | December 19, 2023 |
| ITC Final Investigation: | |
| ITC Final AD Determination | April 17, 2024 |
| ITC Final CVD Determination | February 2, 2024 |
ALLEGED DUMPING MARGINS
China: 23.86% to 291.74%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
For a list of subsidies alleged by the Petitioner, please see Attachment III
IMPORTS OF SUBJECT MERCHANDISE
| 2023 | ||||||
|---|---|---|---|---|---|---|
| Jan | Feb | Mar | Apr | May | Jun | |
| China HTS No. 3504.00.5000 | ||||||
| Quantity (kilogram) | 3,205,515 | 3,843,858 | 4,037,043 | 3,135,759 | n/a | n/a |
| Value ($) | 12,213,510 | 15,402,634 | 15,150,650 | 11,339,034 | n/a | n/a |
| AUV ($/kilogram) | 3.81 | 4.01 | 3.75 | 3.62 | n/a | n/a |
CONTACT US
For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.