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

EventEarliest Date
Petition FiledJuly 12, 2023
DOC InitiationAugust 1, 2023
ITC Preliminary Investigation:
Questionnaires DueJuly 26, 2023
Request to appear at hearingJuly 31, 2023
HearingAugust 2, 2023
BriefsAugust 7, 2023
ITC VoteAugust 26, 2023
  
DOC Investigation Schedule: 
DOC Preliminary Antidumping DeterminationDecember 19, 2023
DOC Final Antidumping DeterminationMarch 3, 2024
DOC Preliminary Countervailing DeterminationOctober 5, 2023
DOC Final Countervailing DeterminationDecember 19, 2023
  
ITC Final Investigation: 
ITC Final AD DeterminationApril 17, 2024
ITC Final CVD DeterminationFebruary 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
 JanFebMarAprMayJun
China HTS
No. 3504.00.5000
      
Quantity
(kilogram)
3,205,5153,843,8584,037,0433,135,759n/an/a
Value
($)
12,213,51015,402,63415,150,65011,339,034n/an/a
AUV
($/kilogram)
3.814.013.753.62n/an/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.