10038 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

4 Id., 88 FR at 69908. 

5For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 6See Order, 82 FR at 42791. 

continue to determine that Dynasol 

Elastomeros had no shipments of 

subject merchandise during the POR. 

Partial Rescission 

In the Preliminary Results, we 

notified parties of our intent to rescind 

this administrative review for Dynasol, 

as it is a U.S. importer and is, therefore, 

not eligible for review.4 Because we 

continue to find that Dynasol is not 

eligible for review, we are rescinding 

this review with respect to Dynasol. 

Final Results of the Review 

We determine that the following 

weighted-average dumping margins 

exist for the POR, September 1, 2021, 

through August 31, 2022: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Industrias Negromex S.A. de 

C.V .......................................... 0.00 

Continental Tire de Mexico S.A. 

de C.V ..................................... 0.00 

Hyundai Glovis Mexico, S. de 

R.L. de C.V ............................. 0.00 

Pirelli Neumaticos, S.A. de C.V 0.00 

Disclosure 

Because Commerce received no 

comments on the Preliminary Results, 

we have not modified our analysis and 

no decision memorandum accompanies 

this Federal Register notice. We are 

adopting the Preliminary Results as the 

final results of this review. 

Consequently, there are no new 

calculations to disclose in accordance 

with 19 CFR 351.224(b) for these final 

results. 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b)(1), 

Commerce will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

Negromex, because its weighted-average 

dumping margin is zero, we will 

instruct CBP to liquidate entries 

reported in this review without regard 

to antidumping duties. Consistent with 

Commerce’s assessment practice, for 

entries of subject merchandise during 

the POR produced by Negromex for 

which it did not know its merchandise 

was destined for the United States, we 

will instruct CBP to liquidate 

unreviewed entries at the all-others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction.5

For the companies which were not 

selected for individual examination, we 

will instruct CBP to liquidate the 

appropriate entries without regard to 

antidumping duties. Further, because 

we continue to find that Dynasol 

Elastomeros had no shipments of 

subject merchandise during the POR, we 

will instruct CBP to liquidate any 

suspended entries of subject 

merchandise associated with Dynasol 

Elastomeros at the all-others rate. For 

Dynasol, for which this administrative 

review is rescinded, antidumping duties 

shall be assessed at a rate equal to the 

cash deposit of antidumping duties 

required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 41 days after the date of 

publication of the final results of this 

review in the Federal Register, in 

accordance with 19 CFR 356.8(a). 

Cash Deposit Requirements 

The following cash deposit 

requirements for estimated antidumping 

duties will be effective for all shipments 

of subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 

administrative review in the Federal 

Register, as provided by section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for the companies under 

review will be zero; (2) for merchandise 

exported by a producer or exporter not 

covered in this review but covered in a 

prior completed segment of the 

proceeding, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recentlycompleted segment of this proceeding; 

(3) if the exporter is not a firm covered 

in this review, a prior review, or the 

original less-than-fair-value (LTFV) 

investigation, but the producer has been 

covered in a completed segment of this 

proceeding, the cash deposit rate will be 

the company-specific rate established 

for the most recent period for the 

producer of the merchandise; (4) the 

cash deposit rate for all other producers 

or exporters will continue to be 19.52 

percent,6 the all-others rate established 

in the LTFV investigation. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials, or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(1). 

Dated: February 6, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

[FR Doc. 2024–02915 Filed 2–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–154] 

Certain Pea Protein From the People’s 

Republic of China: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Preliminary 

Affirmative Determination of Critical 

Circumstances, Postponement of Final 

Determination, and Extension of 

Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that certain pea protein (pea 


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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 10039 

1See Certain Pea Protein from the People’s 

Republic of China: Initiation of Less-Than-FairValue Investigation, 88 FR 52124 (August 7, 2023) 

(Initiation Notice). 

2See Certain Pea Protein from the People’s 

Republic of China: Postponement of Preliminary 

Determination in the Less-Than-Fair-Value 

Investigation, 88 FR 82831 (November 27, 2023). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Certain Pea 

Protein from the People’s Republic of China,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated concurrently with this notice 

(Preliminary Scope Decision Memorandum). 

7See Initiation Notice, 88 FR at 52127. 

8See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on Commerce’s website at 

https://enforcement.trade.gov/policy/bull05-1.pdf. 

9See the Preliminary Decision Memorandum for 

additional details. 

10See, e.g., Certain Preserved Mushrooms from 

Spain: Final Affirmative Determination of Sales 

Less Than Fair Value, 88 FR 18120 (March 27, 

2023). 

11See Puris Proteins, LLC’s Letter, ‘‘Response of 

Petitioner to Volume II Supplemental 

Questionnaire,’’ dated July 21, 2023, at Exhibit II– 

S14; see also Preliminary Decision Memorandum, 

for additional details. 

12We preliminarily find that the following 

companies should be treated as a single entity: 

Yantai Zhongzhen Trading Co., Ltd; Yantai Oriental 

Protein Tech., Ltd; and Jiujiang Tiantai Food Co., 

Ltd. (collectively, the Zhongzhen Companies). 

Furthermore, we preliminarily find that neither the 

Zhongzhen Companies nor Zhaoyuan Junbang 

Trading Co., Ltd. (Junbang), the respondents 

selected for individual examination in this 

investigation, are eligible for a separate rate; thus, 

the China-wide entity preliminarily includes the 

Continued 

protein) from the People’s Republic of 

China (China) is being, or is likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is January 1, 2023, 

through June 30, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable February 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Smith or Sofia Pedrelli, AD/ 

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0557 or (202) 482–4310, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on August 7, 2023.1 On November 27, 

2023, Commerce postponed the 

preliminary determination of this 

investigation until February 7, 2023.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as appendix 

II to this notice. The Preliminary 

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 https://access.trade.

gov. In addition, a complete version of 

the Preliminary Decision Memorandum 

can be accessed directly at https://

access.trade.gov/public/FRNoticesList

Layout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is pea protein from China. 

For a complete description of the scope 

of this investigation, see appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (scope).5 Certain interested 

parties commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this investigation, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Preliminary Scope Decision 

Memorandum.6 Commerce is not 

preliminarily modifying the scope 

language as it appeared in the Initiation 

Notice. See the scope in Appendix I to 

this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Pursuant to sections 

776(a) and (b) of the Act, Commerce 

preliminarily has relied upon facts 

otherwise available, with adverse 

inferences, for the China-wide entity. 

For a full description of the 

methodology underlying Commerce’s 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206(c), 

Commerce preliminarily determines 

that critical circumstances exist with 

respect to imports of pea protein from 

China for the separate-rate companies 

and the China-wide entity. For a full 

description of the methodology and 

results of Commerce’s critical 

circumstances analysis, see the 

Preliminary Decision Memorandum. 

Combination Rates 

In the Initiation Notice,7 Commerce 

stated that it would calculate producer/ 

exporter combination rates for the 

respondents that are eligible for a 

separate rate in this investigation. Policy 

Bulletin 05.1 describes this practice.8 In 

this investigation, we calculated 

producer/exporter combination rates for 

respondents eligible for separate rates. 

Separate Rates 

We have preliminarily granted a 

separate rate to certain separate rate 

respondents that we did not select for 

individual examination.9 In calculating 

the rate for non-individually examined 

separate rate respondents in a nonmarket economy LTFV investigation, 

Commerce normally looks to section 

735(c)(5)(A) of the Act, which pertains 

to the calculation of the all-others rate 

in a market economy LTFV 

investigation, for guidance. Pursuant to 

section 735(c)(5)(A) of the Act, normally 

this rate shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for those companies 

individually examined, excluding zero 

and de minimis dumping margins, and 

any dumping margins based entirely 

under section 776 of the Act. The 

estimated weighted-average dumping 

margins in this preliminary 

determination are based entirely under 

section 776 of the Act. In investigations 

where no estimated weighted-average 

dumping margins other than zero, de 

minimis, or those determined entirely 

under section 776 of the Act have been 

established for individually examined 

entities, in accordance with section 

735(c)(5)(B) of the Act, Commerce 

typically calculates a simple average of 

the margins alleged in the petition and 

applies the results to all other entities 

not individually examined.10 The 

simple average of the petition rates is 

122.19 percent.11 See the table below in 

the ‘‘Preliminary Determination’’ 

section of this notice. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 12


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Zhongzhen Companies and Junbang. See the Preliminary Decision Memorandum for additional 

details. 

13See Preliminary Decision Memorandum. 

Exporter Producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Cash deposit 

rate 

(adjusted 

for subsidy 

offset) 

(percent) 

Fenchem Biotek Ltd ..................................................... Yantai Shuangta Food Co., Ltd .................................... 122.19 111.65 

Jianyuan International Co., Ltd .................................... Shandong Jianyuan Bioengineering Co., Ltd ............... 122.19 111.65 

Jianyuan International Co., Ltd .................................... Hengyuan Biotechnology Co., Ltd ................................ 122.19 111.65 

KTL Pharmaceutical Co., Limited ................................. Jiujiang Tiantai Food Co., Ltd ...................................... 122.19 111.65 

Linyi Yuwang Vegetable Protein Co., Ltd .................... Linyi Yuwang Vegetable Protein Co., Ltd .................... 122.19 111.65 

Nutracean Co., Ltd ....................................................... Yantai Shuangta Food Co., Ltd .................................... 122.19 111.65 

Nutracean Co., Ltd ....................................................... Zhaoyuan Junbang Trading Co., Ltd ........................... 122.19 111.65 

Shandong Yuwang Ecological Food Industry Co., Ltd Linyi Yuwang Vegetable Protein Co., Ltd .................... 122.19 111.65 

Yantai T.Full Biotech Co., Ltd ...................................... Yantai T.Full Biotech Co., Ltd ...................................... 122.19 111.65 

Yosin Biotechnology (Yantai) Co., Ltd ......................... Yosin Biotechnology (Yantai) Co., Ltd ......................... 122.19 111.65 

Yosin Import and Export (Yantai) Co., Ltd ................... Yosin Biotechnology (Yantai) Co., Ltd ......................... 122.19 111.65 

Hainan Zhongxin Chemical Co., Ltd ............................ Shandong Hua-Thai Food Products Co., Ltd ............... 122.19 111.65 

Hainan Zhongxin Chemical Co., Ltd ............................ Shandong Jundu Talin Foods Co., Ltd ........................ 122.19 111.65 

Hainan Zhongxin Chemical Co., Ltd ............................ Yosin Biotechnology (Yantai) Co., Ltd ......................... 122.19 111.65 

Hainan Zhongxin Chemical Co., Ltd ............................ Yosin Import and Export (Yantai) Co., Ltd ................... 122.19 111.65 

Hainan Zhongxin Chemical Co., Ltd ............................ Yantai Shuangta Food Co., Ltd .................................... 122.19 111.65 

China-wide Entity ..................................................................................................................................................... 280.31 269.77 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register, as discussed below. Further, 

pursuant to section 733(d)(1)(B) of the 

Act and 19 CFR 351.205(d), Commerce 

will instruct CBP to require a cash 

deposit equal to the weighted average 

amount by which normal value exceeds 

U.S. price, as indicated in the chart 

above as follows: (1) for the producer/ 

exporter combinations listed in the table 

above, the cash deposit rate is equal to 

the estimated weighted-average 

dumping margin listed for that 

combination in the table; (2) for all 

combinations of Chinese producers/ 

exporters of merchandise under 

consideration that have not established 

eligibility for their own separate rates, 

the cash deposit rate will be equal to the 

estimated weighted-average dumping 

margin established for the China-wide 

entity; and (3) for all third-country 

exporters of merchandise under 

consideration not listed in the table 

above, the cash deposit rate is the cash 

deposit rate applicable to the Chinese 

producer/exporter combination (or the 

China-wide entity) that supplied that 

third-country exporter. 

Section 733(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the later of: 

(a) the date that is 90 days before the 

date on which the suspension of 

liquidation was first ordered; or (b) the 

date on which notice of initiation of the 

investigation was published. Commerce 

preliminarily finds that critical 

circumstances exist for imports of 

subject merchandise from the nonselected companies eligible for a 

separate rate and the China-wide 

entity.13 In accordance with section 

733(e)(2)(A) of the Act, the suspension 

of liquidation shall apply to all 

unliquidated entries of merchandise 

from the non-selected companies 

eligible for a separate rate and the 

China-wide entity that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date that is 

90 days before the publication of this 

notice in the Federal Register. 

To determine the cash deposit rate, 

Commerce normally adjusts the 

estimated weighted-average dumping 

margin by the amount of domestic 

subsidy pass-through and export 

subsidies determined in a companion 

countervailing duty (CVD) proceeding 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

has made a preliminary affirmative 

determination for domestic subsidy 

pass-through or export subsidies, 

Commerce has offset the calculated 

estimated weighted-average dumping 

margin by the appropriate rate. Any 

such adjusted rates may be found in the 

‘‘Preliminary Determination’’ section’s 

chart of estimated weighted-average 

dumping margins above. 

Should provisional measures in the 

companion CVD investigation expire 

prior to the expiration of provisional 

measures in this LTFV investigation, 

Commerce will direct CBP to begin 

collecting cash deposits at a rate equal 

to the estimated weighted-average 

dumping margins calculated in this 

preliminary determination unadjusted 

for the passed-through domestic 

subsidies or for export subsidies at the 

time the CVD provisional measures 

expire. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of its public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). However, 

because Commerce preliminarily 

applied total adverse facts available 

(AFA) to the China-wide entity, 

including the mandatory respondents, 

in this investigation in accordance with 

section 776 of the Act, and the applied 

AFA rate is based solely on the petition, 

there are no calculations to disclose. 

Verification 

Because the China-wide entity in this 

investigation did not provide 


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14See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

15See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Final Service Rule). 

16See 19 CFR 351.309(c)(2) and (d)(2). 

17We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

18See APO and Final Service Rule. 

19See the Zhongzhen Companies’ Letter, 

‘‘Zhongzhen Request for Postponement of Final 

Determination,’’ dated January 24, 2024; see also 

Junbang’s Letter, ‘‘Request to Postpone Final 

Results,’’ dated January 26, 2024. 

information requested by Commerce, 

and Commerce preliminarily determines 

that the China-wide entity was 

uncooperative, verification will not be 

conducted. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the date of publication of the 

preliminary determination unless the 

Secretary alters the time limit.14

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than five days after the date for filing 

case briefs.15 Interested parties who 

submit case briefs or rebuttal briefs in 

this proceeding must submit: (1) a table 

of contents listing each issue; and (2) a 

table of authorities.16

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.17 Further, we request that 

interested parties limit their executive 

summary of each issue to no more than 

450 words, not including citations. We 

intend to use the executive summaries 

as the basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final determination in this investigation. 

We request that interested parties 

include footnotes for relevant citations 

in the executive summary of each issue. 

Note that Commerce has amended 

certain of its requirements pertaining to 

the service of documents in 19 CFR 

351.303(f).18

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until no later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the 

petitioners. Pursuant to 19 CFR 

351.210(e)(2), Commerce requires that 

requests by respondents for 

postponement of a final antidumping 

duty determination be accompanied by 

a request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

In January 2024, pursuant to 19 CFR 

351.210(e), the Zhongzhen Companies 

and Junbang requested that Commerce 

postpone the final determination and 

that provisional measures be extended 

to a period not to exceed six months.19

In accordance with section 735(a)(2)(A) 

of the Act and 19 CFR 351.210(b)(2)(ii), 

because: (1) the preliminary 

determination is affirmative; (2) the 

requesting exporters account for a 

significant proportion of exports of the 

subject merchandise; and (3) no 

compelling reasons for denial exist, 

Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce’s final 

determination will be published no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary determination of sales at 

LTFV. If the final determination is 

affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after the final determination 

whether imports of the subject 

merchandise are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: February 7, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, Performing the Non-Exclusive 

Functions and Duties of the 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. 


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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. Period of Investigation 

IV. Affiliation and Single Entity Treatment 

V. Discussion of the Methodology 

VI. Critical Circumstances 

VII. Adjustment Under Section 777(A)(F) of 

the Tariff Act of 1930, as Amended 

VIII. Adjustment to Cash Deposit Rate for 

Export Subsidies 

IX. Recommendation 

[FR Doc. 2024–02965 Filed 2–12–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD659] 

Pacific Fishery Management Council; 

Public Meetings and Hearings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings, 

hearings, and public comment 

opportunities. 

SUMMARY: The Pacific Fishery 

Management Council (Pacific Council) 

has begun its annual preseason 

management process for the 2024 ocean 

salmon fisheries. This document 

announces the anticipated dates and 

locations of upcoming Pacific Council 

meetings and public hearings hosted by 

the Pacific Council. See SUPPLEMENTARY

INFORMATION for more information. 

DATES: Council meetings are tentatively 

scheduled for March 5–11 (Fresno, CA) 

and April 6–11 (Seattle, WA) in 2024. 

Information will be available on the 

Pacific Council’s website (http://

www.pcouncil.org) as the Council 

meeting dates approach. 

March 25–26, 2024: Three public 

hearings will be held to receive 

comments on the proposed 2024 ocean 

salmon fishery management alternatives 

adopted by the Pacific Council. Public 

hearings focusing on Washington and 

California salmon fisheries will occur 

simultaneously on March 25, 2024 and 

the public hearing for Oregon salmon 

fisheries will occur on March 26, 2024. 

Each public hearing will be statespecific and begin at 7 p.m. The 

Washington and California public 

hearings are tentatively scheduled to be 

held in-person and occur in Westport, 

WA and Santa Rosa, CA. The Oregon 

public hearing is scheduled to be held 

on-line. Consult the Pacific Council’s 

website at http://www.pcouncil.org as 

the meeting date approaches to get the 

most current information, as the date, 

venue, and meeting format is subject to 

change. A summary of verbal comments 

heard at the hearings will be provided 

to the Pacific Council at its April 

meeting. 

Written comments on the salmon 

management alternatives must be 

submitted through the Pacific Council’s 

e-portal (https://pfmc.psmfc.org) and 

received by the public comment 

deadline which is tentatively scheduled 

for 5 p.m., April 2, 2024, and prior to 

the start of the April 2024 Council 

meeting. Verbal comments on the 

salmon management alternatives are 

accepted during the Council meeting 

consistent with the Council’s April 2024 

agenda dates for salmon topics. 

Information will be available on the 

Pacific Council’s website (http://

www.pcouncil.org) as the date for the 

April Council meeting approaches. 

ADDRESSES: Council address: Pacific 

Fishery Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Robin Ehlke, Pacific Council; telephone: 

(503) 820–2410. 

SUPPLEMENTARY INFORMATION: These 

events, combined with the previous 

notice of public meetings and 

availability of reports published in 

November 2023 (88 FR 80275) comprise 

the Pacific Council’s complete schedule 

for determining the annual proposed 

and final modifications to ocean salmon 

fishery management measures. The 

meeting notices and agendas for the 

March and April 2024 Pacific Council 

meetings will be published in 

subsequent Federal Register documents 

prior to the actual meetings. 

For public meetings held online, 

specific meeting information, including 

instructions on how to join the meeting 

and system requirements will be 

provided in meeting announcements on 

the Pacific Council’s website (see 

www.pcouncil.org). You may send an 

email to Mr. Kris Kleinschmidt 

(kris.kleinschmidt@noaa.gov) or contact 

him at (503) 820–2412 for technical 

assistance. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during these 

meetings. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 7, 2024. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–02867 Filed 2–12–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Southeast Region Individual Fishing 

Quota Programs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 


lotter on DSK11XQN23PROD with NOTICES1