[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62055-62056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19386]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-155]


Certain Pea Protein From the People's Republic of China: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable September 8, 2023.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson and 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 
and (202) 482-6430, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2023, the U.S. Department of Commerce (Commerce) 
initiated a countervailing duty (CVD) investigation of imports of 
certain pea protein from the People's Republic of China.\1\ Currently, 
the preliminary determination is due no later than October 5, 2023.
---------------------------------------------------------------------------

    \1\ See Certain Pea Protein from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 88 FR 52116 (August 
7, 2023) (Initiation Notice).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires

[[Page 62056]]

Commerce to issue the preliminary determination in a CVD investigation 
within 65 days after the date on which Commerce initiated the 
investigation. However, section 703(c)(1) of the Act permits Commerce 
to postpone the preliminary determination until no later than 130 days 
after the date on which Commerce initiated the investigation if: (A) 
the petitioner makes a timely request for a postponement; or (B) 
Commerce concludes that the parties concerned are cooperating, that the 
investigation is extraordinarily complicated, and that additional time 
is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reasons for the request. Commerce will grant the 
request unless it finds compelling reasons to deny the request.
    On August 29, 2023, the petitioner \2\ submitted a timely request 
that Commerce postpone the preliminary determination in this 
investigation.\3\ The petitioner stated that a postponement of the 
preliminary determination is necessary because the mandatory 
respondents have not yet submitted initial questionnaire responses and 
additional time will be needed to review those responses and issue 
supplemental questionnaires should there be deficiencies.\4\
---------------------------------------------------------------------------

    \2\ The petitioner is PURIS Proteins, LLC.
    \3\ See Petitioner's Letter, ``Request for Extension of 
Preliminary Determination Deadline,'' dated August 29, 2023.
    \4\ Id.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.205(e), the petitioner has stated the 
reasons for requesting a postponement of the preliminary determination, 
and Commerce finds no compelling reason to deny the request. Therefore, 
in accordance with section 703(c)(1)(A) of the Act, Commerce is 
postponing the deadline for the preliminary determination to no later 
than 130 days after the date on which this investigation was initiated, 
i.e., December 11, 2023.\5\ Pursuant to section 705(a)(1) of the Act 
and 19 CFR 351.210(b)(1), the deadline for the final determination of 
this investigation will continue to be 75 days after the date of the 
preliminary determination.
---------------------------------------------------------------------------

    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, December 9, 2023. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19386 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P