By Trend News Line 2024-07-05 00:00:00.
The U.S. Department of Commerce has issued a final determination that countervailable subsidies are being provided to producers and exporters of certain pea protein from China. The investigation period covered is from January 1, 2022, through December 31, 2022, with the decision applicable from July 5, 2024.
Following the Preliminary Determination published on December 18, 2023, and the Post-Preliminary Determination issued on April 23, 2024, Commerce has continued its investigation into the matter. Interested parties were invited to comment, and the subsequent Issues and Decision Memorandum outlines the events that have transpired since the Preliminary Determination.
The scope of the investigation pertains to pea protein originating from China, as detailed in Appendix I. On February 7, 2024, Commerce issued a Preliminary Scope Decision Memorandum reaffirming the scope as previously determined. No scope case briefs were submitted by interested parties, thus maintaining the scope outlined in the Preliminary Determination.
The subsidy programs under investigation, along with the issues raised in the case and rebuttal briefs, are discussed in detail in the Issues and Decision Memorandum. The methodology employed by Commerce in conducting the investigation aligns with section 701 of the Tariff Act of 1930, ensuring a thorough analysis of subsidy programs.
Despite challenges in conducting on-site verifications, Commerce took steps to verify the information relied upon virtually, as permitted under the Act. Changes to subsidy rate calculations for certain companies were made based on verification findings and comments received from interested parties.
Commerce has determined that critical circumstances exist with respect to imports of pea protein from China for specific companies, including Junbang and Yantai Oriental. An all-others rate has been established based on individual subsidy rates calculated for these companies.
The final determination by Commerce establishes estimated countervailable subsidy rates for the companies involved, with disclosure of calculations and analysis to interested parties within the specified timeframe. The suspension of liquidation for entries of subject merchandise from China is outlined, with instructions to U.S. Customs and Border Protection to adhere to the directives.
In compliance with section 705(d) of the Act, the International Trade Commission will be notified of the final affirmative determination, allowing for a comprehensive assessment of the impact on the domestic industry. Access to relevant information will be granted to the ITC to facilitate their determination.
Overall, the final determination by Commerce underscores the commitment to fair trade practices and ensuring a level playing field for all stakeholders involved in the international trade of pea protein. The culmination of this investigation marks a significant milestone in upholding trade regulations and safeguarding the interests of domestic producers and exporters..
– countervailing duty determination
– critical circumstances determination.