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USA Dept. Commerce Issues Prelim Affirmative Determination of Anti-Dumping from Chinese Pea Protein Producers

Preliminary Affirmative Determination in the Antidumping Duty (AD) Investigation of Certain Pea Protein from the People’s Republic of China

In a significant development impacting international trade, the U.S. Department of Commerce has announced a preliminary affirmative determination in the ongoing antidumping duty (AD) investigation concerning certain pea protein originating from the People’s Republic of China (China). This decision, unveiled on February 8, 2024, marks a crucial step in addressing concerns related to unfair trade practices in the pea protein market.

Commerce’s preliminary determination comes amidst a concurrent countervailing duty investigation on imports of Certain Pea Protein from China, indicating a comprehensive approach to safeguarding fair competition within the industry.

Key Findings and Implications

The preliminary dumping rates revealed by Commerce shed light on the extent of alleged unfair pricing practices employed by various exporters and producers. Notably, entities such as Fenchem Biotek Ltd., Jianyuan International Co., Ltd., and Nutracean Co., Ltd., among others, have been assigned dumping rates of 122.19%, with corresponding cash deposit rates adjusted for subsidy offsets set at 111.65%.

Furthermore, the investigation timeline, as outlined by Commerce, offers insights into the procedural milestones, including the filing of petitions, initiation of investigations, and anticipated final determinations. Stakeholders are closely monitoring these developments, recognizing the potential implications for market dynamics and trade relations between the United States and China.

Case Calendar

Event Date
Petitions Filed July 12, 2023
Commerce Initiation Date August 1, 2023
ITC Preliminary Determination August 28, 2023
Commerce Preliminary Determination February 7, 2024
Commerce Final Determination June 24, 2024
ITC Final Determination August 8, 2024
Issuance of Order** August 15, 2024

NOTE: Commerce’s preliminary and final determination deadlines are governed by statute. For AD investigations, the deadlines are set forth in sections 733(b) and 735(a)(1) of the Tariff Act of 1930, as amended.    
* 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 by Commerce and the International Trade Commission (ITC).

Important Statistics

China 2020 2021 2022
Volume (KG) 57,091,689 73,862,947 65,643,485
Value (USD) $174,890,767 $174,890,767 $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.

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