China Pea Protein: Commerce Issues AD Duty Final Determination

The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Aug. 12, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue an AD order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce also is set to issue its final determination in the concurrent countervailing duty investigation on pea protein from China, with CVD rates ranging from 15.15% to 16.52% (see 2407030013). Collection of CV duties is on hold pending the ITC's final injury determination.

Critical Circumstances for All Chinese Companies, Cash Deposits Retroactive 90 Days

Commerce continued to find that all Chinese companies under investigation increased their exports to the U.S. in the run-up to the preliminary determination, in an attempt to get in as much product as possible before the imposition of AD. This "critical circumstances" finding by the agency means Commerce will continue to retroactively suspend liquidation for AD purposes back to 90 days before the preliminary determination, i.e., on or about Nov. 15, 2023.

Suspension of liquidation and CVD cash deposit collection is in effect even earlier, as of Sept. 19, 2023, as a result of Commerce's finding of critical circumstances for all Chinese companies in the CVD investigation.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows:

(The period of investigation is 01/01/23 - 06/30/23. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2402120029 for Commerce's preliminary determination in this investigation.)