Initiation of AD and CVD investigations of Certain Pea Protein from China
Commerce Initiates Antidumping and Countervailing Duty Investigations of Certain Pea Protein from the People’s Republic of China
On August 2, 2023, the U.S. Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of certain pea protein from the People’s Republic of China.
Alleged Dumping Margins
| Country | Dumping Margins |
|---|---|
| The People’s Republic of China | 18.48% to 280.31% |
Alleged Subsidies Rates
| Country | Subsidy Rates |
|---|---|
| The People’s Republic of China | Above de minimis* |
*de minimis = less than 1% for developed countries, less than 2% for developing countries
Case Calendar
| Event | AD INVESTIGATION | CVD INVESTIGATION |
|---|---|---|
| Petition Filed | July 12, 2023 | July 12, 2023 |
| Commerce Initiation Date | August 1, 2023 | August 1, 2023 |
| ITC Preliminary Determination* | August 28, 2023 | August 28, 2023 |
| Commerce Preliminary Determination | December 19, 2023 | October 5, 2023 |
| Commerce Final Determination | March 4, 2024 | December 19, 2023 |
| ITC Final Determination** | April 18, 2024 | February 2, 2024 |
| Issuance of Order*** | April 25, 2024 | February 9, 2024 |
NOTE: Commerce’s preliminary and final determination deadlines are governed by statute. For CVD investigations, the deadlines are set forth in sections 703(b) and 705(a)(1) of the Tariff Act of 1930, as amended (the Act). For AD investigations, the deadlines are set forth in sections 733(b) and 735(a) of the Act. These deadlines may be extended under certain circumstances.
* If the International Trade Commission (ITC) makes a negative preliminary determination of injury, then the corresponding AD/CVD investigation(s) will be terminated.
** This will take place only in the event of a final affirmative determination from Commerce.
*** This will take place only in the event of final affirmative determinations from Commerce and the ITC.
Import Statistics
| China | 2020 | 2021 | 2022 |
|---|---|---|---|
| Volume (KG) | 57,091,689 | 73,862,947 | 65,643,485 |
| Value (USD) | $174,890,767 | $ 236,544,280 | $ 267,341,307 |
Source: U.S. Census Bureau, accessed through IHS Markit’s Global Trade Atlas (Harmonized Tariff Schedule of the United States (HTSUS) subheadings 3504.00.1000, 3504.00.5000, and 2106.10.0000). Imports of certain pea protein enter under HTSUS subheadings that may cover subject and non-subject merchandise. Therefore, publicly available import data may not accurately reflect actual imports of certain pea protein covered by the scope of the investigations.
Other Case Information
- The petitioner is PURIS Proteins, LLP (Minneapolis, MN).
- For general information and next steps, please refer to a list of initiation FAQs.
- For more information on subsidy programs, please refer to the subsidies enforcement library.
- Additional case information, including the scope of the investigations, are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Once you log in, please refer to case numbers A-570-154 and C-570-155.
- To date, Commerce maintains 669 AD and CVD orders that provide relief to American companies and industries impacted by unfair trade.