BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-155]
Certain Pea Protein from the People’s Republic of China: Final Affirmative
Countervailing Duty Determination 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 countervailable
subsidies are being provided to producers and exporters of certain pea protein (pea protein) from
the People’s Republic of China (China). The period of investigation is January 1, 2022, through
December 31, 2022.
DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Laura Griffith, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-4793 or (202) 482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 18, 2023, Commerce published its Preliminary Determination in the
Federal Register and invited interested parties to comment.1 Subsequently, on April 23, 2024,
Commerce issued its Post-Preliminary Determination.2 For a complete description of the events

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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum (PDM).
2 See Memorandum, “Post-Preliminary Decision Memorandum for the Countervailing Duty Investigation on Certain
Pea Protein from the People’s Republic of China,” dated April 23, 2024.
that followed the Preliminary Determination, see the Issues and Decision Memorandum.3 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.4 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.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in the case and rebuttal
briefs that were submitted by parties in this investigation, are discussed in the Issues and
Decision Memorandum. For a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section 701 of the Tariff Act
of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable,

See Memorandum, “Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty
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).
4 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.
Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that
gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of
the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts otherwise
available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act.
For a full discussion of our application of adverse facts available, see the Preliminary
Determination PDM6 and section “Use of Facts Otherwise Available and Application of Adverse
Inferences” in the Issues and Decision Memorandum.
Verification
Commerce was unable to conduct on-site verifications of the information relied on in
making its final determination in this investigation. However, in January 2024, we took
additional steps in lieu of on-site verifications to verify the information relied upon in making
this final determination, in accordance with section 782(i) of the Act, by conducting virtual
verifications of Yantai Oriental Protein Tech Co., Ltd. (Yantai Oriental) and Zhaoyuan Junbang
Trading Co., Ltd. (Junbang).
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested parties and our
verification findings, we made certain changes to the subsidy rate calculations for Junbang and
Yantai Oriental. For a discussion of these changes, see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
Pursuant to sections 705(a)(2), 776(a), and 776(b) of the Act, and 19 CFR 351.206,
Commerce continues to find that critical circumstances exist with respect to imports of pea
protein from China for Junbang, Yantai Oriental, all other producers and/or exporters, and the
non-responsive companies. For further information on Commerce’s critical circumstances

See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding specificity.
6 See Preliminary Determination PDM at 8-36.
analysis, see the section “Final Critical Circumstances Determination” in the accompanying
Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others
rate equal to the weighted-average countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de minimis, or rates based
entirely under section 776 of the Act. We continue to calculate individual estimated
countervailable subsidy rates for Junbang and Yantai Oriental that are not zero, de minimis, or
based entirely on facts otherwise available. Therefore, we determined the all-others rate using
the estimated countervailable subsidy rates calculated for Junbang and Yantai Oriental. For
further information, see the section “Calculation of the All-Others Rate” in the accompanying
Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated countervailable subsidy rates exist:
Company
Yantai Oriental Protein Tech Co., Ltd.7
Zhaoyuan Junbang Trading Co., Ltd.8
Focusherb LLC
Golden Protein Limited
Shandong Jianyuan Bioengineering Co.
Yantai Wanpy International Trade
All Others

Subsidy Rate
(percent ad valorem)
16.52
15.15
355.89
355.89
355.89
355.89
15.84

Disclosure
Commerce intends to disclose to interested parties the calculations and analysis
performed in this final determination within five days of any public announcement or, if there is

Commerce 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.
8 Commerce finds Yantai Shuangta Food Co. Ltd. to be cross-owned with Junbang.
no public announcement, within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, pursuant to sections 703(d)(1)(B) and
(d)(2) of the Act, and because we preliminarily determined that critical circumstances existed
with respect to Junbang, Yantai Oriental, all other producers and/or exporters, and the nonresponsive companies, we instructed U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise from China that were entered, or withdrawn from
warehouse, for consumption, on or after September 19, 2023, which is 90 days prior to the date
of the publication of the Preliminary Determination in the Federal Register. In accordance with
section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse on, or after, April 16, 2024,
but to continue the suspension of liquidation of all entries of subject merchandise between
September 19, 2023 and April 15, 2024.
If the U.S. International Trade Commission (ITC) issues a final affirmative injury
determination, we will issue a countervailing duty order, reinstate the suspension of liquidation
under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for
entries of subject merchandise in the amounts indicated above. If the ITC determines that
material injury, or threat of material injury, does not exist, this proceeding will be terminated,
and all estimated duties deposited or securities posted as a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the ITC of our final
affirmative determination that countervailable subsidies are being provided to producers and
exporters of pea protein from China. Because the final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will make its final 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 our
final determination. In addition, we are making available to the ITC all non-privileged and
nonproprietary information related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided the ITC confirms that it
will not disclose such information, either publicly or under an administrative protective order
(APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material injury does not exist, this
proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that
such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess,
upon further instruction by Commerce, countervailing 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
In the event that the ITC issues a final negative injury determination, this notice will
serve as the only reminder to 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/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 is issued and published pursuant to sections 705(d) and 777(i) 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 Assistant 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.
VIII.

IX.
X.

Summary
Background
Scope of the Investigation
Final Critical Circumstances Determination
Subsidies Valuation Information
Use of Facts Otherwise Available and Application of Adverse Inferences
Analysis of Programs
Discussion of the Issues
Comment 1: Whether the Application of Adverse Facts Available (AFA) for the
Provision of Whole Peas for Less Than Adequate Remuneration (LTAR)
Is Appropriate
Comment 2: Whether the Application of AFA for the Provision of Electricity for LTAR
Is Appropriate
Comment 3: Whether Policy Loans to the Pea Protein Industry Are Countervailable
Comment 4: Whether Commerce Should Apply AFA Regarding the Export Buyer’s
Credits Program (EBCP)
Comment 5: Whether the Income Tax Deductions for Research and Development (R&D)
Expenses Under the Enterprise Income Tax (EIT) Law Program Are
Specific
Comment 6: Appropriate Benefit Calculation for the Income Tax Deduction for R&D
Expenses Program
Comment 7: Whether to Use a Different Sales Denominator in Junbang’s Income Tax
Program Benefit Calculations
Comment 8: Appropriate Cash Deposit Rate for Cooperative Exporters
Calculation of the All-Others Rate
Recommendation

[FR Doc. 2024-14687 Filed: 7/3/2024 8:45 am; Publication Date: 7/5/2024]