BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-154]
Certain Pea Protein from the People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative Critical
Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain pea
protein (pea protein) from the People’s Republic of China (China) is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of investigation is January 1,
2023, through June 30, 2023.
DATES: Applicable [Insert date of publication in the Federal Register].
FOR FURTHER INFORMATION CONTACT: Sofia Pedrelli or Katherine Smith, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-4310 or (202) 482-0557, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2024, Commerce published its Preliminary Determination in the
Federal Register, in which we postponed the final determination until June 27, 2024, and invited
parties to comment on the Preliminary Determination.1

See Certain Pea Protein from the People’s Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 89 FR 10038 (February 13, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum (PDM).
For a summary of the events that occurred since the Preliminary Determination, as well
as a full discussion of the issues raised by parties for this final determination, see the Issues and
Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance’s Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available
to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this investigation is pea protein from China. For a complete
description of the scope of this investigation, see Appendix I.
Scope Comments
On February 7, 2024, Commerce issued a Preliminary Scope Decision Memorandum in
which it determined not to modify the language of the scope as it regards pea protein from
China.3 We received no scope case briefs from interested parties. Therefore, the scope of the
investigation, as contained in the Preliminary Determination, remains unchanged as noted in
appendix I.
Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist for imports of pea protein from
China for the separate rate companies and the China-wide entity, pursuant to section
735(a)(3)(B) of Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. For further
discussion of this issue, see the Issues and Decision Memorandum.

See Memorandum, “Decision Memorandum for the Final Determination in the Less-Than-Fair Value Investigation
of Certain Pea Protein from the People’s Republic of China,” dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, “Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Pea Protein from the
People’s Republic of China: Preliminary Scope Decision Memorandum,” dated February 7, 2024.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by interested parties are
addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as appendix II to this notice.
Application of Total Adverse Facts Available with Respect to the China-Wide Entity
Consistent with the Preliminary Determination, Commerce continues to find, pursuant to
sections 776(a)(1) and (a)(2)(A)-(C) of the Act, that the use of facts available is warranted in
determining the rate of the China-wide entity, which includes Junbang Trading Co., Ltd.
(Junbang) and Yantai Zhongzhen Trading Co.; Yantai Oriental Protein Tech Co.; and Jiugiang
Tinti Food., Ltd. (collectively, the Zhongzhen Companies).4 Furthermore, we continue to find
that an adverse inference is warranted in selecting from the facts otherwise available, pursuant to
section 776(b) of the Act and 19 CFR 351.308(a), because the China-wide entity failed to
cooperate by not acting to the best of its ability to comply with Commerce’s requests for
information. As adverse facts available (AFA), we continue to apply the highest rate from the
petition (i.e., 280.31 percent) because it is a rate derived from information submitted on the
record and achieves the right balance between the goal of inducing future cooperation by the
uncooperative respondent and the rate not being punitive.5
Separate Rates
We preliminarily found certain companies to be eligible for a separate rate in the
Preliminary Determination.6 No interested party commented on our preliminary separate rate
determination with respect to the companies that we found were eligible for a separate rate, and
we have no basis to otherwise reconsider this determination. Accordingly, we continue to find

See Preliminary Determination PDM at 11-15. We preliminarily found that the Zhongzhen Companies should be
treated as a single entity. Id. at 4-5; see also Memorandum, “Preliminary Determination of Affiliation and Single
Entity Determination for Yantai Zhongzhen Trading Co., Ltd.,” dated February 7, 2024. No interested party
commented on this finding, and we continue to find that these companies should be treated as a single entity for our
final determination.
5 See Issues and Decision Memorandum at Comment 5.
6 See Preliminary Determination PDM at 6-7.
that these companies are eligible for a separate rate in the final determination. As noted above,
we continue to treat Junbang and the Zhongzhen Companies as a part of the China-wide entity.
In calculating the rate for non-individually examined separate rate respondents in a nonmarket economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the
Act, which pertains to the calculation of the all-others rate in a market economy LTFV
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall
be an amount equal to the weighted average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding any margins that are zero, de
minimis, or based entirely under section 776 of the Act. The statute further provides that, where
all margins are zero, de minimis, or based entirely on facts available under section 776 of the
Act, Commerce may use “any reasonable method” for assigning the rate to non-selected
respondents.7
The estimated weighted-average dumping margins in this final determination are based
entirely under section 776 of the Act. In investigations where no estimated weighted-average
dumping margins other than zero, de minimis, or those determined entirely under section 776 of
the Act have been established for individually examined entities, in accordance with section
735(c)(5)(B) of the Act, Commerce typically calculates a simple average of the margins alleged
in the petition and applies the results to all other entities not individually examined.8 The simple
average of the petition rates in this LTFV investigation is 122.19 percent.9 See the table below in
the “Final Determination” section of this notice.
Combination Rates

See section 735(c)(5)(B) of the Act.
See, e.g., Certain Preserved Mushrooms from Spain: Final Affirmative Determination of Sales Less Than Fair
Value, 88 FR 18120 (March 27, 2023).
9 See Puris Proteins, LLC's Letter, “Response of Petitioner to Volume II Supplemental Questionnaire,” dated July
21, 2023, at Exhibit II-S14; see also Issues and Decision Memorandum at Comment 4.
7
Consistent with the Initiation Notice, Preliminary Determination, and Policy Bulletin
05.1, Commerce calculated combination rates for the respondents that are eligible for a separate
rate in this investigation.10
Final Determination
The final estimated weighted-average dumping margins are as follows:11

Exporter

Producer

Estimated
WeightedAverage
Dumping Margin
(percent)

Cash Deposit
Rate
(Adjusted for
Subsidy
Offset)
(percent)

122.19

111.65

122.19

111.65

Jianyuan International Co.,
Ltd.

Yantai Shuangta Food
Co., Ltd.
Shandong Jianyuan
Bioengineering Co., Ltd.

Jianyuan International Co.,
Ltd.

Hengyuan Biotechnology
Co., Ltd.

122.19

111.65

KTL Pharmaceutical Co.,
Limited

Jiujiang Tiantai Food
Co., Ltd.

122.19

111.65

Linyi Yuwang Vegetable
Protein Co., Ltd.

Linyi Yuwang Vegetable
Protein Co., Ltd.

122.19

111.65

122.19

111.65

122.19

111.65

Fenchem Biotek Ltd.

Nutracean Co., Ltd.
Nutracean Co., Ltd.

Yantai Shuangta Food
Co., Ltd.
Zhaoyuan Junbang
Trading Co., Ltd.

Shandong Yuwang
Ecological Food Industry
Co., Ltd.

Linyi Yuwang Vegetable
Protein Co., Ltd.

122.19

111.65

Yantai T.Full Biotech Co.,
Ltd.

Yantai T.Full Biotech
Co., Ltd.

122.19

111.65

Yosin Biotechnology
(Yantai) Co., Ltd.

Yosin Biotechnology
(Yantai) Co., Ltd.

122.19

111.65

Yosin Import and Export
(Yantai) Co., Ltd.

Yosin Biotechnology
(Yantai) Co., Ltd.

122.19

111.65

See Certain Pea Protein from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation,
88 FR 52124 (August 7, 2023); see also Preliminary Determination; and Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy Countries,” dated April 5, 2005 (Policy Bulletin 05.1), available on
Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf.
11 We continue to find that neither the Zhongzhen Companies nor Junbang, the respondents selected for individual
examination in this investigation, are eligible for a separate rate; thus, the China-wide entity includes the Zhongzhen
Companies and Junbang. See Issues and Decision Memorandum at Comments 1 and 2 for additional details.
Hainan Zhongxin Chemical
Co., Ltd.

Shandong Hua-Thai
Food Products Co., Ltd.

122.19

111.65

Hainan Zhongxin Chemical
Co., Ltd.

Shandong Jundu Talin
Foods Co., Ltd.

122.19

111.65

Hainan Zhongxin Chemical
Co., Ltd.

Yosin Biotechnology
(Yantai) Co., Ltd.

122.19

111.65

Hainan Zhongxin Chemical
Co., Ltd.

Yosin Import and Export
(Yantai) Co., Ltd.

122.19

111.65

Hainan Zhongxin Chemical
Co., Ltd.

Yantai Shuangta Food
Co., Ltd.

122.19

111.65

280.31

269.77

China-wide Entity
Disclosure

Normally, Commerce discloses to interested parties the calculations performed in
connection with a final determination within five days of its public announcement or, if there is
no public announcement, within five days of the date of publication of this notice in accordance
with 19 CFR 351.224(b). However, because Commerce continues to find the mandatory
respondents are part of the China-wide entity, applied total AFA to the China-wide entity in this
investigation in accordance with section 776 of the Act, and the applied AFA rate is based solely
on the petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce continues to find that
critical circumstances exist for the non-selected separate rate companies and the China-wide
entity, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of subject merchandise, as described in Appendix I of this notice, entered, or
withdrawn from warehouse, for consumption, on or after November 15, 2023, which is 90 days
prior to the date of publication of the affirmative Preliminary Determination in the Federal
Register.
To determine the cash deposit rate, Commerce normally adjusts the estimated weightedaverage dumping margin by the amount of domestic subsidy pass-through and export subsidies

determined in a companion countervailing duty (CVD) proceeding when CVD provisional
measures are in effect. Accordingly, where Commerce makes an affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated
weighted-average dumping margin by the appropriate rates. However, suspension of liquidation
of provisional measures in the companion CVD investigation has been discontinued; therefore,
we are not instructing CBP to collect cash deposits based upon the adjusted estimated weightedaverage dumping margin for those export subsidies at this time.12
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct
CBP to require a cash deposit for such entries of merchandise equal to the amount by which the
normal value exceeds the U.S. price as follows: (1) for the producer/exporter combinations
listed in the table above, the cash deposit rate is equal to the estimated weighted-average
dumping margin listed for that combination in the table; (2) for all combinations of Chinese
producers/exporters of subject merchandise that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third country exporters of subject
merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or China-wide entity) that supplied that thirdcountry exporter. These suspension of liquidation instructions will remain in effect until further
notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the ITC of our final
affirmative determination of sales at LTFV. Because the final determination in this proceeding
is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final

See Certain Pea Protein from the People’s Republic of China: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 88 FR 87403, (December 18, 2023); see also section
703(d) of the Act, which states that the provisional measures may not be in effect for more than four months, which
in the companion CVD case is 120 days after the publication of the preliminary determination, or April 15, 2023.
determination as to whether the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of pea protein from China no later than 45
days after this final determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and all cash deposits will be
refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports of the subject
merchandise that are entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in the “Continuation of
Suspension of Liquidation” section.
Administrative Protective Order (APO)
This notice will serve as the final reminder to the parties subject to an APO of their
responsibility concerning the destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: June 27, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistance Secretary for Enforcement and Compliance.

Appendix I
Scope of the Investigation
The product within the scope of this investigation 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 at least 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 or the inclusion of additives (e.g., flavoring,
suspension agents, preservatives).
The scope also includes HPC pea protein described above that is blended, combined, or mixed
with non-subject pea protein or with other ingredients (e.g., proteins derived from other sources,
fibers, carbohydrates, sweeteners, and fats) to make products such as 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 this investigation.
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
five percent of the blend, combination, or mixture on a dry weight basis.
All products that meet the written physical description are within the scope of the investigation
unless specifically excluded. The following products, by way of example, are outside and/or
specifically excluded from the scope of the investigation:
•

burgers, snack bars, bakery products, sugar and gum confectionary products, milk,
cheese, baby food, sauces and seasonings, and pet food, even when such products are
made with HPC pea protein;

•

HPC pea protein that has gone through an extrusion process to alter the HPC pea protein
at the structural and functional level, resulting in a product with a fibrous structure which
resembles muscle meat upon hydration. These products are commonly described as
textured pea protein or texturized pea protein;

•

HPC pea protein that has been further processed to create a small crunchy nugget
commonly described as a pea protein crisp;

•

protein derived from chickpeas.

The merchandise covered by the scope is 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.

Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I.
II.
III.
IV.
V.
VI.

VII.

Summary
Background
Adjustment under Section 777A(f) of the Act
Adjustments to Cash Deposit Rates for Export Subsidies
Final Affirmative Determination of Critical Circumstances
Discussion of the Issues
Comment 1: The Zhongzhen Companies’ Separate Rate Status
Comment 2: Junbang’s Separate Rate Status
Comment 3: Calculation and Reporting Methodology
Comment 4: Rate Assigned to Separate Rate Companies
Comment 5: China-wide Entity Rate
Comment 6: Critical Circumstances
Comment 7: Verification
Recommendation

[FR Doc. 2024-14686 Filed: 7/3/2024 8:45 am; Publication Date: 7/5/2024]