Preliminary Determination in the CVD Investigation of Certain Pea Protein from China
Preliminary Affirmative Determination in the Countervailing Duty Investigation of Certain Pea Protein from the People’s Republic of China
On December 12, 2023, the U.S. Department of Commerce (Commerce) announced its preliminary affirmative determination in the countervailing duty (CVD) investigation of certain pea protein from the People’s Republic of China (China).
Preliminary Subsidy Rates:
| Country | Exporter/Producer | Subsidy Rates (percent) |
|---|---|---|
| China | Yantai Oriental Protein Tech Co., Ltd.1 | 16.46 |
| Zhaoyuan Junbang Trading Co., Ltd.2 | 15.09 | |
| Focusherb LLC | 342.53 | |
| Golden Protein Limited | 342.53 | |
| Shandong Jianyuan Bioengineering Co. | 342.53 | |
| Yantai Wanpy International Trade | 342.53 | |
| All Others | 15.78 |
1 Commerce preliminary finds the following companies to be cross-owned with Yantai Oriental: Jiujiang Tiantai Food Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.; Yantai Yiyuan Bioengineering Co., Ltd; and Yantai Zhongzhen Trading Co., Ltd.
2 Commerce preliminary finds Yantai Shuangta Food Co. Ltd. to be cross-owned with Junbang.
Case Calendar:
| Event | CVD INVESTIGATIONS |
|---|---|
| Petition Filed | July 12, 2023 |
| Commerce Initiation Date | August 1, 2023 |
| ITC Preliminary Determination* | August 28, 2023 |
| Commerce Preliminary Determination | December 11, 2023 |
| Commerce Final Determination | April 22, 2024 |
| ITC Final Determination** | June 6, 2024 |
| Issuance of Order*** | June 13, 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. These deadlines may be extended under certain circumstances.
* If the International Trade Commission (ITC) makes a negative preliminary determination of injury, then the corresponding 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 preliminary FAQs.
- For more information on subsidy programs, please refer to the subsidies enforcement library.
- Additional case information including the scope of the investigation, 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 number C-570-155.
- To date, Commerce maintains 676 AD and CVD orders that provide relief to American companies and industries impacted by unfair trade.