87406 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: December 11, 2023. 

Abdelali Elouaradia, 

Deputy 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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Critical Circumstances 

VI. Analysis of China’s Financial System 

VII. Diversification of China’s Economy 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Subsidies Valuation 

X. Benchmarks and Interest Rates 

XI. Analysis of Programs 

XII. Calculation of the All-Others Rate 

XIII. Recommendation 

[FR Doc. 2023–27699 Filed 12–15–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Limitation of Duty-Free Imports of 

Apparel Articles Assembled in Haiti 

Under the Caribbean Basin Economic 

Recovery Act (CBERA), as Amended 

by the Haitian Hemispheric 

Opportunity Through Partnership 

Encouragement Act (HOPE) 

AGENCY: International Trade 

Administration, Department of 

Commerce. ACTION: Notification of 

annual quantitative limit on imports of 

certain apparel from Haiti. 

SUMMARY: CBERA, as amended, 

provides duty-free treatment for certain 

apparel articles imported directly from 

Haiti. One of the preferences is known 

as the ‘‘value-added’’ provision, which 

requires that apparel meet a minimum 

threshold percentage of value added in 

Haiti, the United States, and/or certain 

beneficiary countries. The provision is 

subject to a quantitative limitation, 

which is calculated as a percentage of 

total apparel imports into the United 

States for each 12-month period. For the 

period from December 20, 2023 through 

December 19, 2024, the quantity of 

imports eligible for preferential 

treatment under the value-added 

provision is 313,655,640 square meters 

equivalent. 

DATES: The new limitations become 

applicable December 20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kayla Johnson, International Trade 

Specialist, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–2532. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 213A of the 

Caribbean Basin Economic Recovery Act 

(19 U.S.C. 2703a) (‘‘CBERA’’), as 

amended; and as implemented by 

Presidential Proc. No. 8114, 72 FR 

13655 (March 22, 2007), and No. 8596, 

75 FR 68153 (November 4, 2010). 

Background: Section 213A(b)(1)(B) of 

CBERA, as amended (19 U.S.C. 

2703a(b)(1)(B)), outlines the 

requirements for certain apparel articles 

imported directly from Haiti to qualify 

for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for 

duty-free treatment, apparel articles 

must be wholly assembled, or knit-toshape, in Haiti from any combination of 

fabrics, fabric components, components 

knit-to-shape, and yarns, as long as the 

sum of the cost or value of materials 

produced in Haiti or one or more 

beneficiary countries, as described in 

CBERA, as amended, or any 

combination thereof, plus the direct 

costs of processing operations 

performed in Haiti or one or more 

beneficiary countries, as described in 

CBERA, as amended, or any 

combination thereof, is not less than an 

applicable percentage of the declared 

customs value of such apparel articles. 

Pursuant to CBERA, as amended, the 

applicable percentage for the period 

December 20, 2023 through December 

19, 2024, is 60 percent. 

For every twelve-month period 

following the effective date of CBERA, 

as amended, duty-free treatment under 

the value-added provision is subject to 

a quantitative limitation. CBERA, as 

amended, provides that the quantitative 

limitation will be recalculated for each 

subsequent 12-month period. Section 

213A(b)(1)(C) of CBERA, as amended 

(19 U.S.C. 2703a(b)(1)(C)), requires that, 

for the twelve-month period beginning 

on December 20, 2023, the quantitative 

limitation for qualifying apparel 

imported from Haiti under the valueadded provision will be an amount 

equivalent to 1.25 percent of the 

aggregate square meter equivalent of all 

apparel articles imported into the 

United States in the most recent 12- 

month period for which data are 

available. The aggregate square meters 

equivalent of all apparel articles 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 87407 

1See Brass Rod from India: Preliminary 

Affirmative Countervailing Duty Determination, 88 

FR 67240 (September 29, 2023) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum (PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of the Countervailing Duty 

Investigation of Brass Rod from India,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

3See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated September 25, 2023 

(Preliminary Scope Memorandum). 

4See 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. 

imported into the United States is 

derived from the set of Harmonized 

System lines listed in the Annex to the 

World Trade Organization Agreement 

on Textiles and Clothing (‘‘ATC’’), and 

the conversion factors for units of 

measure into square meter equivalents 

used by the United States in 

implementing the ATC. For purposes of 

this notice, the most recent 12-month 

period for which data are available as of 

December 20, 2023 is the 12-month 

period ending on October 31, 2023. 

Therefore, for the one-year period 

beginning on December 20, 2023 and 

extending through December 19, 2024, 

the quantity of imports eligible for 

preferential treatment under the valueadded provision is 313,655,640 square 

meters equivalent. Apparel articles 

entered in excess of these quantities will 

be subject to otherwise applicable 

tariffs. 

Jennifer Knight, 

Deputy Assistant Secretary for Textiles, 

Consumer Goods, Materials Industries, 

Critical Minerals and Metals. 

[FR Doc. 2023–27723 Filed 12–15–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–916] 

Brass Rod From India: Final 

Affirmative Countervailing Duty 

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 

brass rod from India. The period of 

investigation is April 1, 2022, through 

March 31, 2023. 

DATES: Applicable December 18, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dusten Hom, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5075. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 29, 2023, Commerce 

published the Preliminary 

Determination in the Federal Register.1

For a complete description of the events 

that followed the Preliminary 

Determination, see the Issues and 

Decision Memorandum.2 The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov. In addition, a complete 

version of the Preliminary 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 brass rod from India. For 

a complete description of the scope of 

this investigation, see Appendix I. 

Scope Comments 

During the course of this 

investigation, Commerce received scope 

comments from interested parties. 

Commerce issued a Preliminary Scope 

Memorandum to address these 

comments and set aside a period of time 

for parties to address scope issues in 

scope-specific case and rebuttal briefs.3

We did not receive timely comments 

from any interested parties on the 

Preliminary Scope Memorandum. Thus, 

we did not make any changes to the 

scope of the investigation from the 

scope published in the Preliminary 

Determination, as noted in Appendix I. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issue raised in the 

case and rebuttal briefs by parties are 

discussed in the Issues and Decision 

Memorandum. For a list of the topics 

discussed, and the issue raised by 

parties to which we responded in the 

Issues and Decision Memorandum, see 

Appendix II. 

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, Commerce 

preliminarily 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.4 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the information received during 

verification and comments received 

from parties, for this final 

determination, we made certain changes 

to the countervailable subsidy rate 

calculations for Rajhans Metals Private 

Limited (RMPL) and for all other 

producers/exporters. For a discussion of 

these changes, see the 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 those exporters and/or 

producers individually investigated, 

excluding any zero and de minimis 

countervailable subsidy rates and any 

rates based entirely under section 776 of 

the Act. 

Commerce calculated an individual 

estimated countervailable subsidy rate 

for RMPL, the only individually 

examined exporter/producer in this 

investigation. Because the only 

individually calculated rate is not zero, 

de minimis, or based entirely under 

section 776 of the Act, the estimated 

weighted-average rate calculated for 

RMPL is the rate assigned to all other 

producers and exporters, pursuant to 

section 705(c)(5)(A)(i) of the Act. 

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist for the period of 

April 1, 2022, through March 31, 2023: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Rajhans Metals Private Limited 5 .................................. 2.24 

All Others .............................. 2.24 


khammond on DSKJM1Z7X2PROD with NOTICES