China Pea Protein: Prelim CV Cash Deposit Rates Take Effect, Retroactive for Some
The Commerce Department is setting new countervailing duty cash deposit requirements for imports of pea protein from China (C-570-155) after finding illegal subsidization of Chinese producers in the preliminary determination of its CVD investigation. Suspension of liquidation and cash deposit requirements take retroactive effect as of Sept. 19, 2023, due to Commerce's finding of critical circumstances for all Chinese companies.
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Commerce is also considering the imposition of antidumping duties on pea protein from China. The agency's preliminary AD determination on China is currently due Feb. 7 (see 2311240001).
Commerce Finds Critical Circumstances for Some; Cash Deposits Retroactive 90 Days
Commerce made a finding 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 CV duties. This "critical circumstances" finding by the agency means Commerce will retroactively suspend liquidation for these companies back to 90 days before the preliminary determination, i.e., on or about Sept. 19, 2023.
CV Suspension of Liquidation and Cash Deposit Requirements
Commerce says it will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after Sept. 19. Payment of CVD cash deposits will be required as follows:
| Company | CV Rate | Sus Liq |
|---|---|---|
| Yantai Oriental Protein Tech Co., Ltd. | 16.46% | 09/19/23 |
| Zhaoyuan Junbang Trading Co., Ltd. | 15.09% | 09/19/23 |
| Focusherb LLC | 342.53% | 09/19/23 |
| Golden Protein Limited | 342.53% | 09/19/23 |
| Shandong Jianyuan Bioengineering Co. | 342.53% | 09/19/23 |
| Yantai Wanpy International Trade | 342.53% | 09/19/23 |
| All Others | 15.78% | 09/19/23 |
(The period of investigation is 01/01/22 - 12/31/22. See Commerce's notice for more information, including the scope, suspension of liquidation, etc. See 2308140029 for a summary of the initiation of this CVD investigation.)