Certain Pea Protein from China; Inv. No. 701-TA-692 and 731-TA-1628 (Final)

=== Determination – CVD – Preliminary - China === 87403Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 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). 2 See Certain Pea Protein from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 88 FR 62055 (September 8, 2023). by using the search function and entering either the title of the collection or the OMB Control Number 0607–0110. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2023–27729 Filed 12–15–23; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–49–2023] Foreign-Trade Zone (FTZ) 81; Authorization of Production Activity; Millipore Corporation; (Beverage Filtration and Purification Devices); Jaffrey, New Hampshire On August 15, 2023, Millipore Corporation submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 81D, in Jaffrey, New Hampshire. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (88 FR 56794, August 21, 2023). On December 13, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including section 400.14. Dated: December 13, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–27743 Filed 12–15–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–63–2023] Foreign-Trade Zone (FTZ) 17, Notification of Proposed Production Activity; Panasonic Energy Corporation of North America; (Lithium-Ion Battery Cells); De Soto, Kansas Panasonic Energy Corporation of North America submitted a notification of proposed production activity to the FTZ Board (the Board) for its facilities in De Soto, Kansas within FTZ 17. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on December 11, 2023. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ components and specific finished product described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished product is finished lithium-ion battery cells (duty rate is 3.4%). The proposed foreign-status materials and components include: graphite components (natural; synthetic; natural and synthetic blend); sealants; N- methyl-2-pyrrolidone (NMP); N- methylpyrrolidone with carbon black conductive agent; lithiated nickel oxide; silicon monoxide; lithiated silicate; silicon composite material; poly(vinylidene fluoride) binder (PVDF); polyacrylamide; sodium carboxymethyl cellulose thickener; polypropylene components (film with acrylic adhesive tape; gaskets; insulator); polyimide adhesive tape; polyethylene separators; styrene butadiene rubber latex; copper foil; nickel clad copper negative tabs; and, aluminum components (rolls; foil; rupture discs; cathode tabs) (duty rate ranges from duty-free to 6.5%).The request indicates that some components are subject to an antidumping/ countervailing duty (AD/CVD) order/ investigation if imported from certain countries. The Board’s regulations (15 CFR 400.14(e)) require that merchandise subject to AD/CVD orders, or items which would be otherwise subject to suspension of liquidation under AD/ CVD procedures if they entered U.S. customs territory, be admitted to the zone in privileged foreign (PF) status (19 CFR 146.41). The request also indicates that certain materials/components are subject to duties under section 232 of the Trade Expansion Act of 1962 (section 232) or section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 232 and section 301 decisions require subject merchandise to be admitted to FTZs in PF status. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 29, 2024. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: December 12, 2023. Juanita Chen, Acting Executive Secretary. [FR Doc. 2023–27700 Filed 12–15–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–155] Certain Pea Protein From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain pea protein (pea protein) from the People’s Republic of China (China) during the period of investigation, January 1, 2022, through December 31, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable December 18, 2023. FOR FURTHER INFORMATION CONTACT : Kristen Johnson and Laura Griffth, 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 This preliminary determination is made in accordance with section 703(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 September 8, 2023, Commerce postponed the preliminary determination of this investigation until December 11, 2023. 2 VerDate Sep<11>2014 17:41 Dec 15, 2023 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 87404 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Pea Protein from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 52117. 6 See Certain Pea Protein from the People’s Republic of China: Postponement of the Preliminary Determination in the Less-Than-Fair-Value Investigation, 88 FR 82831 (November 27, 2023) (AD Postponement Notice). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8 See sections 776(a) and (b) of the Act. 9 The non-responsive companies are: Focusherb LLC, Golden Protein Limited, Shandong Jianyuan Bioengineering Co., and Yantai Wanpy International Trade. 10 See Petitioner’s Letter, ‘‘Petitioner’s Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated November 14, 2023. 11 See AD Postponement Notice. 12 When two respondents are under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents using each company’s proprietary U.S. sale quantities for the merchandise under consideration; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed- Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). 13 The four companies are Focusherb LLC, Golden Protein Limited, Shandong Jianyuan Bioengineering Co., and Yantai Wanpy International Trade. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix II of 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/ FRNoticesListLayout.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 (i.e., scope).5 Commerce received timely filed comments from interested parties on the scope of the investigation as it appeared in the Initiation Notice. Commerce intends to issue its preliminary decision regarding comments concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations in the preliminary determination of the companion AD investigation, the deadline for which is February 7, 2024.6 We will incorporate the scope decision from the AD investigation into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Commerce notes that, in making the preliminary findings, it relied, in part, on facts available, and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.8 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 703(e)(1) of the Act, we preliminarily find that critical circumstances exist with respect to imports of subject merchandise for Yantai Oriental Protein Tech Co., Ltd. (Yantai Oriental), Zhaoyuan Junbang Trading Co., Ltd. (Junbang), the non- responsive companies,9 and all other producers and/or exporters. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Critical Circumstances’’ section of the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of pea protein from China based on a request made by PURIS Proteins, LLC (the petitioner). 10 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled no later than April 22, 2024, unless postponed. 11 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Junbang and Yantai Oriental that are not zero, de minimis, or based entirely on the facts otherwise available. Commerce calculated the all-others rate using a simple average of the individual estimated subsidy rates calculated for the examined respondents.12 Rate for Non-Responsive Companies Four potential exporters and/or producers of pea protein from China did not respond to Commerce’s quantity and value (Q&V) questionnaire.13 We find that, by not responding to the Q&V questionnaire, these companies withheld requested information and significantly impeded this proceeding. Thus, in reaching our preliminary determination, pursuant to sections 776(a)(2)(A) and (C) of the Act, we are basing the CVD subsidy rate for these four companies on facts otherwise available. We further preliminarily determine that an adverse inference is warranted, pursuant to section 776(b) of the Act. By failing to submit responses to Commerce’s Q&V Questionnaire, the four companies did not cooperate to the best of their ability in this investigation. Accordingly, we preliminarily find that an adverse inference is warranted to ensure that the four companies will not VerDate Sep<11>2014 17:41 Dec 15, 2023 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 87405Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 14 Commerce preliminary finds the following companies to be cross-owned with Yantai Oriental: Jiujiang Tiantai Food Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.; Yantai Yiyuan Bioengineering Co., Ltd.; and Yantai Zhongzhen Trading Co., Ltd. 15 Commerce preliminary finds Yantai Shuangta Food Co. Ltd. to be cross-owned with Junbang. 16 See 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, Service, and Other Procedures). 17 See 19 CFR 351.309(c)(2) and (d)(2). 18 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 19 See APO, Service, and Other Procedures, 88 FR at 67069. 20 See 19 CFR 351.310(d). obtain a more favorable result than had they fully complied with our request for information. For more information on the application of adverse facts available to the non-responsive companies, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Determination Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Yantai Oriental Protein Tech Co., Ltd.14 ............................................................................................................................. 16.46 Zhaoyuan Junbang Trading Co., Ltd.15 .............................................................................................................................. 15.09 Focusherb LLC .................................................................................................................................................................... 342.53 Golden Protein Limited ........................................................................................................................................................ 342.53 Shandong Jianyuan Bioengineering Co .............................................................................................................................. 342.53 Yantai Wanpy International Trade ....................................................................................................................................... 342.53 All Others ............................................................................................................................................................................. 15.78 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, because we find that critical circumstances exist for Junbang, Yantai Oriental, the non- response companies, and all other producers and/or exporters, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date 90 days prior to the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this 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 the Federal Register in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment All interested parties will have the opportunity to submit scope case and rebuttal briefs on the preliminary decision regarding the scope of the AD and CVD pea protein investigations. The deadlines to submit scope case and rebuttal briefs will be provided in the preliminary scope decision memorandum. For all scope case and rebuttal briefs, parties must file identical documents simultaneously on the records of the AD and CVD pea protein investigations. No new factual information or business proprietary information may be included in either scope case or rebuttal briefs. All interested parties will also have the opportunity to submit case briefs or other written comments on non-scope issues within this CVD pea protein investigation. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.16 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.17 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. 18 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). 19 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 (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a date, time, and location to be determined.20 U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, Commerce will notify the ITC of its determination. If Commerce’s 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 pea protein from China are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) VerDate Sep<11>2014 17:41 Dec 15, 2023 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 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 ‘‘value- added’’ provision. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-to- shape, 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 value- added 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 VerDate Sep<11>2014 17:41 Dec 15, 2023 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination - Final === 67671Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Notices 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 89 FR 55557 and 55559 (July 5, 2024). 3 Commissioner David S. Johanson determined that a U.S. industry is threatened with material injury by reason of subject imports from China. 4 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on certain pea from China. Commissioner Rhonda K. Schmidtlein makes negative critical circumstances determinations in the antidumping and countervailing duty investigations. Commissioner Johanson did not assess critical circumstances because he finds that the domestic industry is threatened with material injury and does not determine that the industry in the U.S. is materially injured. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner David S. Johanson dissented. cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: August 15, 2024. Susan Orndoff, Supervisory Attorney. [FR Doc. 2024–18746 Filed 8–20–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–692 and 731– TA–1628 (Final)] Certain Pea Protein From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of certain pea protein from China, provided for in subheadings 2106.10.00, 3504.00.10, 3504.00.50, and 2308.00.98 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and imports of the subject merchandise from China that have been found to be subsidized by the government of China.2 3 4 Background The Commission instituted these investigations effective July 12, 2023, following receipt of petitions filed with the Commission and Commerce by Puris Proteins, LLC, Minneapolis, Minnesota. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of certain pea protein from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on March 5, 2024 (89 FR 15895). The Commission conducted its hearing on June 25, 2024. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on August 15, 2024. The views of the Commission are contained in USITC Publication 5529 (August 2024), entitled Certain Pea Protein from China: Investigation Nos. 701–TA–692 and 731–TA–1628 (Final). By order of the Commission. Issued: August 15, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–18715 Filed 8–20–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–556 and 731– TA–1311 (Review)] Truck and Bus Tires From China Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping and countervailing duty orders on truck and bus tires from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 2 Background The Commission instituted these reviews on January 2, 2024 (89 FR 93) and determined on April 8, 2024 that it would conduct expedited reviews. (89 FR 45676, May 23, 2024). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on August 16, 2024. The views of the Commission are contained in USITC Publication 5535 (August 2024), entitled Truck and Bus Tires from China: Investigation Nos. 701–TA–556 and 731–TA–1311 (Review). VerDate Sep<11>2014 17:17 Aug 20, 2024 Jkt 262001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - China === 10038 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 4 Id., 88 FR at 69908. 5 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 6 See 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 Weighted- average 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 recently- completed 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 VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 10039Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 1 See Certain Pea Protein from the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 88 FR 52124 (August 7, 2023) (Initiation Notice). 2 See 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). 3 See 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). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 88 FR at 52127. 8 See 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. 9 See the Preliminary Decision Memorandum for additional details. 10 See, e.g., Certain Preserved Mushrooms from Spain: Final Affirmative Determination of Sales Less Than Fair Value, 88 FR 18120 (March 27, 2023). 11 See 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. 12 We 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 non- market 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 weighted- average dumping margins exist: 12 VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 10040 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices Zhongzhen Companies and Junbang. See the Preliminary Decision Memorandum for additional details. 13 See Preliminary Decision Memorandum. Exporter Producer Estimated weighted- average 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 non- selected 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 VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 10041Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 14 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 15 See 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). 16 See 19 CFR 351.309(c)(2) and (d)(2). 17 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 18 See APO and Final Service Rule. 19 See 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. VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 10042 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 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 state- specific 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. VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling === 15895Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–692 and 731– TA–1628 (Final)] Certain Pea Protein From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–692 and 731–TA–1628 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain pea protein from China, provided for in subheadings 3504.00.10, 3504.00.50, and 2106.10.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized and sold at less-than-fair- value. DATES : February 13, 2024. FOR FURTHER INFORMATION CONTACT : Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as 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. Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of pea protein, and that such products are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on July 12, 2023, by PURIS Proteins, LLC, Minneapolis, Minnesota. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document VerDate Sep<11>2014 16:50 Mar 04, 2024 Jkt 262001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 lotter on DSK11XQN23PROD with NOTICES1 15896 Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on June 11, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Tuesday, June 25, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Wednesday, June 19, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Thursday, June 20, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4 p.m. on June 24, 2024. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is June 18, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is July 2, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 2, 2024. On July 19, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before July 23, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: February 29, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–04577 Filed 3–4–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1331] Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof; Notice of a Commission Determination Not To Review a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation AGENCY : International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘FID’’) finding no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is terminated with a finding of no violation. FOR FURTHER INFORMATION CONTACT : Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https:// www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION : The Commission instituted this investigation VerDate Sep<11>2014 16:50 Mar 04, 2024 Jkt 262001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - China === 55559Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 1 See 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, 89 FR 10038 (February 13, 2024) (Preliminary Determination), and accompanying Preliminary Decision memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final 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 (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Pea Protein from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated February 7, 2024. 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Critical Circumstances Determination V. Subsidies Valuation Information VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether the Application of Adverse Facts Available (AFA) for the Provision of Whole Peas for Less Than Adequate Remuneration (LTAR) Is Appropriate Comment 2: Whether the Application of AFA for the Provision of Electricity for LTAR Is Appropriate Comment 3: Whether Policy Loans to the Pea Protein Industry Are Countervailable Comment 4: Whether Commerce Should Apply AFA Regarding the Export Buyer’s Credits Program (EBCP) Comment 5: Whether the Income Tax Deductions for Research and Development (R&D) Expenses Under the Enterprise Income Tax (EIT) Law Program Are Specific Comment 6: Appropriate Benefit Calculation for the Income Tax Deduction for R&D Expenses Program Comment 7: Whether to Use a Different Sales Denominator in Junbang’s Income Tax Program Benefit Calculations Comment 8: Appropriate Cash Deposit Rate for Cooperative Exporters IX. Calculation of the All-Others Rate X. Recommendation [FR Doc. 2024–14687 Filed 7–3–24; 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: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain pea protein (pea 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 is January 1, 2023, through June 30, 2023. DATES : Applicable July 5, 2024. FOR FURTHER INFORMATION CONTACT : Sofia Pedrelli or Katherine Smith, 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) 482–4310 or (202) 482–0557, respectively. SUPPLEMENTARY INFORMATION : Background On February 13, 2024, Commerce published its Preliminary Determination in the Federal Register, in which we postponed the final determination until June 27, 2024, and invited parties to comment on the Preliminary Determination.1 For a summary of the events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and 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 pea protein from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On February 7, 2024, Commerce issued a Preliminary Scope Decision Memorandum in which it determined not to modify the language of the scope as it regards pea protein from China.3 We received no scope case briefs from interested parties. Therefore, the scope of the investigation, as contained in the Preliminary Determination, remains unchanged as noted in appendix I. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of pea protein from China for the separate rate companies and the China-wide entity, VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 55560 Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 4 See Preliminary Determination PDM at 11–15. We preliminarily found that the Zhongzhen Companies should be treated as a single entity. Id. at 4–5; see also Memorandum, ‘‘Preliminary Determination of Affiliation and Single Entity Determination for Yantai Zhongzhen Trading Co., Ltd.,’’ dated February 7, 2024. No interested party commented on this finding, and we continue to find that these companies should be treated as a single entity for our final determination. 5 See Issues and Decision Memorandum at Comment 5. 6 See Preliminary Determination PDM at 6–7. 7 See section 735(c)(5)(B) of the Act. 8 See, e.g., Certain Preserved Mushrooms from Spain: Final Affirmative Determination of Sales Less Than Fair Value, 88 FR 18120 (March 27, 2023). 9 See Puris Proteins, LLC’s Letter, ‘‘Response of Petitioner to Volume II Supplemental Questionnaire,’’ dated July 21, 2023, at Exhibit II– S14; see also Issues and Decision Memorandum at Comment 4. 10 See Certain Pea Protein from the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 88 FR 52124 (August 7, 2023); see also Preliminary Determination; and 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,’’ dated April 5, 2004 (Policy Bulletin 05.1), available on Commerce’s website at https:// enforcement.trade.gov/policy/bull05-1.pdf. 11 We continue to find that neither the Zhongzhen Companies nor Junbang, the respondents selected for individual examination in this investigation, are eligible for a separate rate; thus the China-wide entity includes the Zhongzhen Companies and Junbang. See Issues and Decision memorandum at Comments 1 and 2 for additional details. pursuant to section 735(a)(3)(B) of Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. For further discussion of this issue, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as appendix II to this notice. Application of Total Adverse Facts Available With Respect to the China- Wide Entity Consistent with the Preliminary Determination, Commerce continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act, that the use of facts available is warranted in determining the rate of the China-wide entity, which includes Junbang Trading Co., Ltd. (Junbang) and Yantai Zhongzhen Trading Co.; Yantai Oriental Protein Tech Co.; and Jiugiang Tinti Food., Ltd. (collectively, the Zhongzhen Companies). 4 Furthermore, we continue to find that an adverse inference is warranted in selecting from the facts otherwise available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), because the China-wide entity failed to cooperate by not acting to the best of its ability to comply with Commerce’s requests for information. As adverse facts available (AFA), we continue to apply the highest rate from the petition (i.e., 280.31 percent) because it is a rate derived from information submitted on the record and achieves the right balance between the goal of inducing future cooperation by the uncooperative respondent and the rate not being punitive.5 Separate Rates We preliminarily found certain companies to be eligible for a separate rate in the Preliminary Determination.6 No interested party commented on our preliminary separate rate determination with respect to the companies that we found were eligible for a separate rate, and we have no basis to otherwise reconsider this determination. Accordingly, we continue to find that these companies are eligible for a separate rate in the final determination. As noted above, we continue to treat Junbang and the Zhongzhen Companies as a part of the China-wide entity. In calculating the rate for non- individually examined separate rate respondents in a non-market 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 any margins that are zero, de minimis, or based entirely under section 776 of the Act. The statute further provides that, where all margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use ‘‘any reasonable method’’ for assigning the rate to non-selected respondents.7 The estimated weighted-average dumping margins in this final 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. 8 The simple average of the petition rates in this LTFV investigation is 122.19 percent.9 See the table below in the ‘‘Final Determination’’ section of this notice. Combination Rates Consistent with the Initiation Notice, Preliminary Determination, and Policy Bulletin 05.1, Commerce calculated combination rates for the respondents that are eligible for a separate rate in this investigation.10 Final Determination The final estimated weighted-average dumping margins are as follows: 11 Exporter Producer Estimated weighted- average 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 VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 55561Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 12 See Certain Pea Protein from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 87403, (December 18, 2023); see also section 703(d) of the Act, which states that the provisional measures may not be in effect for more than four months, which in the companion CVD case is 120 days after the publication of the preliminary determination, or April 14, 2023. Exporter Producer Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) 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 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final 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 continues to find the mandatory respondents are part of the China-wide entity, applied total AFA to the China-wide entity 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. Continuation of Suspension of Liquidation In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist for the non-selected separate rate companies and the China-wide entity, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption, on or after November 15, 2023, which is 90 days prior to the date of publication of the affirmative Preliminary Determination 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 makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rates. However, suspension of liquidation of provisional measures in the companion CVD investigation has been discontinued; therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time.12 Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit for such entries of merchandise equal to the amount by which the normal value exceeds the U.S. price 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 subject merchandise 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 subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/ exporter combination (or China-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of pea protein from China no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order (APO) This notice will serve as the final reminder to the parties subject to an APO of their responsibility concerning the destruction 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 violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 55562 Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2021–2022, 89 FR 457 (January 4, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum ‘‘Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China; 2021–2022’’ dated concurrently with, and adopted by, this notice (Issues and Decision Memorandum). 3 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order). Dated: June 27, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistance 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 Issues and Decision Memorandum I. Summary II. Background III. Adjustment Under Section 777A(f) of the Act IV. Adjustments to Cash Deposit Rates for Export Subsidies V. Final Affirmative Determination of Critical Circumstances VI. Discussion of the Issues Comment 1: The Zhongzhen Companies’ Separate Rate Status Comment 2: Junbang’s Separate Rate Status Comment 3: Calculation and Reporting Methodology Comment 4: Rate Assigned to Separate Rate Companies Comment 5: China-wide Entity Rate Comment 6: Critical Circumstances Comment 7: Verification VII. Recommendation [FR Doc. 2024–14686 Filed 7–3–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021– 2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) has determined that Shenzhen Sungold Solar Co., Ltd. (Sungold), and the companies to which Commerce granted separate rates, did not sell subject merchandise at prices below normal value (NV) during the period December 1, 2021, through November 30, 2022, the period of review (POR). Commerce also determined that certain companies do not qualify for a separate rate, and that it is appropriate to rescind this review with respect to certain companies that did not ship subject merchandise during the POR. DATES : Applicable July 5, 2024. FOR FURTHER INFORMATION CONTACT : Dakota Potts or Paola Aleman Ordaz, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0223 or (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION : Background On January 4, 2024, Commerce published the Preliminary Results of this review in the Federal Register. 1 For details regarding the events that occurred since publication of the Preliminary Results in the Federal Register, see the Issues and Decision Memorandum.2 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 3 The merchandise covered by the Order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. For a complete description of the scope of the Order, see the Issues Decision Memorandum. Analysis of Comments Received We addressed all the issues raised in interested parties’ case and rebuttal briefs in the Issues and Decision Memorandum. A list of the issues raised VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final- China === 55557Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 1 See Certain Pea Protein from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 87403 (December 18, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Post-Preliminary Decision Memorandum for the Countervailing Duty Investigation on Certain Pea Protein from the People’s Republic of China,’’ dated April 23, 2024. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Certain Pea Protein from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Pea Protein from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated February 7, 2024. 5 See 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. 6 See Preliminary Determination PDM at 8–36. III. Period of Review IV. Scope of the Order V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation Appendix II List of Companies Eligible for Separate Rate (1) Bao Nguyen Honeybee Co., Ltd. (2) Daisy Honey Bee Joint Stock Company (3) Dak Nguyen Hong Exploitation of Honey Company Limited TA (4) Dongnai HoneyBee Corporation (5) Hanoi Honey Bee Joint Stock Company (6) Hoa Viet Honeybee One Member Company Limited (7) Hoang Tri Honey Bee Co., Ltd. (8) Huong Rung Trading-Investment and Export Company Limited (9) Nhieu Loc Company Limited (10) Southern Honey Bee Company Ltd. (11) Spring Honeybee Co., Ltd. (12) Thanh Hao Bees Co., Ltd. (13) Viet Thanh Food Co., Ltd. [FR Doc. 2024–14762 Filed 7–3–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–155] Certain Pea Protein From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances 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 certain pea protein (pea protein) from the People’s Republic of China (China). The period of investigation is January 1, 2022, through December 31, 2022. DATES : Applicable July 5, 2024. FOR FURTHER INFORMATION CONTACT : Kristen Johnson or 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 or (202) 482–6430, respectively. SUPPLEMENTARY INFORMATION : Background On December 18, 2023, Commerce published its Preliminary Determination in the Federal Register and invited interested parties to comment. 1 Subsequently, on April 23, 2024, Commerce issued its Post-Preliminary Determination. 2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and 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 pea protein from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On February 7, 2024, Commerce issued a Preliminary Scope Decision Memorandum in which it determined not to modify the language of the scope as it regards pea protein from China.4 We received no scope case briefs from interested parties. Therefore, the scope of the investigation, as contained in the Preliminary Determination, remains unchanged as noted in Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II to this notice. 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 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.5 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available, see the Preliminary Determination PDM 6 and section ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verifications of the information relied on in making its final determination in this investigation. However, in January 2024, we took additional steps in lieu of on-site verifications to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act, by conducting virtual verifications of Yantai Oriental Protein Tech Co., Ltd. (Yantai Oriental) and Zhaoyuan Junbang Trading Co., Ltd. (Junbang). Changes Since the Preliminary Determination Based on our analysis of the comments received from interested parties and our verification findings, we made certain changes to the subsidy rate calculations for Junbang and Yantai Oriental. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances Pursuant to sections 705(a)(2), 776(a), and 776(b) of the Act, and 19 CFR 351.206, Commerce continues to find that critical circumstances exist with respect to imports of pea protein from China for Junbang, Yantai Oriental, all other producers and/or exporters, and the non-responsive companies. For VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 55558 Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 7 Commerce finds the following companies to be cross-owned with Yantai Oriental: Jiujiang Tiantai Food Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.; Yantai Yiyuan Bioengineering Co., Ltd.; and Yantai Zhongzhen Trading Co., Ltd. 8 Commerce finds Yantai Shuangta Food Co. Ltd. to be cross-owned with Junbang. further information on Commerce’s critical circumstances analysis, see the section ‘‘Final Critical Circumstances Determination’’ in the accompanying 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 exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or rates based entirely under section 776 of the Act. We continue to calculate individual estimated countervailable subsidy rates for Junbang and Yantai Oriental that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, we determined the all-others rate using the estimated countervailable subsidy rates calculated for Junbang and Yantai Oriental. For further information, see the section ‘‘Calculation of the All- Others Rate’’ in the accompanying Issues and Decision Memorandum. Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Yantai Oriental Protein Tech Co., Ltd 7 ........................... 16.52 Zhaoyuan Junbang Trading Co., Ltd 8 ........................... 15.15 Focusherb LLC ..................... 355.89 Golden Protein Limited ......... 355.89 Shandong Jianyuan Bio- engineering Co .................. 355.89 Yantai Wanpy International Trade ................................. 355.89 All Others .............................. 15.84 Disclosure Commerce intends to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, and because we preliminarily determined that critical circumstances existed with respect to Junbang, Yantai Oriental, all other producers and/or exporters, and the non-responsive companies, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption, on or after September 19, 2023, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse on, or after, April 16, 2024, but to continue the suspension of liquidation of all entries of subject merchandise between September 19, 2023 and April 15, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of pea protein from China. Because the final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of pea protein from China no later than 45 days after our final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: June 27, 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 VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 55559Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices 1 See 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, 89 FR 10038 (February 13, 2024) (Preliminary Determination), and accompanying Preliminary Decision memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final 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 (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Pea Protein from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated February 7, 2024. 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Critical Circumstances Determination V. Subsidies Valuation Information VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether the Application of Adverse Facts Available (AFA) for the Provision of Whole Peas for Less Than Adequate Remuneration (LTAR) Is Appropriate Comment 2: Whether the Application of AFA for the Provision of Electricity for LTAR Is Appropriate Comment 3: Whether Policy Loans to the Pea Protein Industry Are Countervailable Comment 4: Whether Commerce Should Apply AFA Regarding the Export Buyer’s Credits Program (EBCP) Comment 5: Whether the Income Tax Deductions for Research and Development (R&D) Expenses Under the Enterprise Income Tax (EIT) Law Program Are Specific Comment 6: Appropriate Benefit Calculation for the Income Tax Deduction for R&D Expenses Program Comment 7: Whether to Use a Different Sales Denominator in Junbang’s Income Tax Program Benefit Calculations Comment 8: Appropriate Cash Deposit Rate for Cooperative Exporters IX. Calculation of the All-Others Rate X. Recommendation [FR Doc. 2024–14687 Filed 7–3–24; 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: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain pea protein (pea 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 is January 1, 2023, through June 30, 2023. DATES : Applicable July 5, 2024. FOR FURTHER INFORMATION CONTACT : Sofia Pedrelli or Katherine Smith, 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) 482–4310 or (202) 482–0557, respectively. SUPPLEMENTARY INFORMATION : Background On February 13, 2024, Commerce published its Preliminary Determination in the Federal Register, in which we postponed the final determination until June 27, 2024, and invited parties to comment on the Preliminary Determination.1 For a summary of the events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, see the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and 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 pea protein from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments On February 7, 2024, Commerce issued a Preliminary Scope Decision Memorandum in which it determined not to modify the language of the scope as it regards pea protein from China.3 We received no scope case briefs from interested parties. Therefore, the scope of the investigation, as contained in the Preliminary Determination, remains unchanged as noted in appendix I. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of pea protein from China for the separate rate companies and the China-wide entity, VerDate Sep<11>2014 17:16 Jul 03, 2024 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD/CVD - China === 68390 Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024–19090 Filed 8–23–24; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–47–2024] Foreign-Trade Zone (FTZ) 72; Notification of Proposed Production Activity; Toyota Material Handling, Inc.; (Forklift Trucks, Work Trucks and Automated Guided Vehicles); Columbus, Indiana Toyota Material Handling, Inc. submitted a notification of proposed production activity to the FTZ Board (the Board) for its facility in Columbus, Indiana within FTZ 72. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on August 20, 2024. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished products include electric and spark ignition/ diesel engine self-propelled trucks (forklift/lifting/handling/tow tractor/ work) and automated guided vehicles (duty-free). The proposed foreign-status materials/components include: vulcanized rubber articles (seals, O- rings, bushings, plugs, grommets, and washers); rear view mirrors; iron or steel articles (fittings, joints, unions, pipe fittings, screws, bolts, cotters, cotter pins, circlips, snap rings; and chain anchors, links and plates); iron, alloy or nonalloy steel articles (threaded couplings, elbows, fittings, sleeves, adapters, connectors and nipples); oil coolers; blowers; centrifugal fans; axial fans; cooling fans; fan motors; valves (check, control, hydrostatic, regulator, solenoid and thermostatic); ballcocks; bearings (ball, radial, thrust, double row ball, spherical roller, needle roller, cylindrical, plain shaft); tapered roller bearings, cones and cups; chain wheels; bushings; transmissions; gears; flywheels; pulleys; propeller shafts; differentials; drive units; gear plates; differential housings; gearboxes; torque convertor housings; torque convertor plates; yoke differentials; electric motors from 18.65W to 37.5W; electric motors under 18.65W; drive motors; DC motors to an output of 750W; DC motors of an output from 750W to 75kW; AC motors from 37.5W to 74.6W; AC multi-phase motors; starters; alternators; lamps; rear drive lights; rotating beacons; strobe lights; sealed beam headlamps; contactors; relays; headlamps; LED lights; electrical control boxes, boards and panels; electrical controllers; engine control units; and, sensors (duty rate ranges from duty-free to 9%). The request indicates that certain materials/ components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is October 7, 2024. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: August 21, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–19074 Filed 8–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–112–2024] Approval of Subzone Expansion; Consolidated Diesel Company; Whitakers, North Carolina On July 1, 2024, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the North Carolina Department of Transportation, grantee of FTZ 214, requesting an expansion of Subzone 214A subject to the existing activation limit of FTZ 214, on behalf of Consolidated Diesel Company, in Whitakers, North Carolina. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (89 FR 55914, July 8, 2024; correction, 89 FR 60354, July 25, 2024). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR 400.36(f)), the application to expand Subzone 214A was approved on August 21, 2024, subject to the FTZ Act and the Board’s regulations, including section 400.13, and further subject to FTZ 214’s 2,000-acre activation limit. Dated: August 21, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–19082 Filed 8–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–154, C–570–155] Certain Pea Protein From the People’s Republic of China: Antidumping and Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain pea protein (pea protein) from the People’s Republic of China (China). DATES : Applicable August 26, 2024. FOR FURTHER INFORMATION CONTACT : Sofia Pedrelli (AD) or Kristen Johnson (CVD), AD/CVD Operations, Offices II and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4310 or (202) 482–4793, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with sections 705(d), 735(d), and 777(i) of the Tariff Act of VerDate Sep<11>2014 17:03 Aug 23, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1 lotter on DSK11XQN23PROD with NOTICES1 68391Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices 1 See Certain Pea Protein from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, 89 FR 55559 (July 5, 2024) (LTFV Final Determination). 2 See Certain Pea Protein from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 89 FR 55557 (July 5, 2024) (CVD Final Determination). 3 See ITC’s Letter, ‘‘Notice of ITC Final Determinations,’’ dated August 15, 2024; see also Certain Pea Protein from China, Inv. Nos. 701–TA– 692 and 731–TA–1628 (Final), USITC Pub. 5529 (August 2024) (ITC Final Determination Publication), at 3. 4 See ITC Final Determination Publication. 5 See section 735(c)(4) of the Act; see also Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103– 316, Vol. 1 (1994) (SAA), at 876 (‘‘If both agencies make affirmative critical circumstances determinations in their final investigations, retroactive duties will be applied for a period ninety days prior to suspension of liquidation.’’); 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, 89 FR 10038 (February 13, 2024) (LTFV Preliminary Determination). 1930, as amended (the Act), on July 5, 2024, Commerce published in the Federal Register its affirmative final determination of sales at less-than-fair- value (LTFV) of pea protein from China 1 and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of pea protein from China. 2 As part of these determinations, Commerce made affirmative critical circumstances findings for the separate rate companies and the China-wide entity in the AD investigation and for all producers and/ or exporters and non-responsive companies in the CVD investigation. On August 15, 2024, pursuant to sections 735(d) and 705(d) of the Act, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured within the meaning of sections 735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act by reason of LTFV imports of pea protein from China and subsidized imports of pea protein from China.3 In addition, the ITC found that critical circumstances exist with regard to imports from China.4 Scope of the Orders The product covered by these orders is pea protein from China. For a complete description of the scope of these orders, see the appendix to this notice. AD Order Based on the above-referenced affirmative final determination, in accordance with section 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that imports of pea protein from China are materially injuring a U.S. industry, unliquidated entries of such merchandise entered, or withdrawn from warehouse, for consumption, are subject to the assessment of ADs. In addition, the ITC found that critical circumstances exist with respect to imports subject to Commerce’s affirmative critical circumstances finding within the meaning of section 735(b)(4)(A) of the Act. As a result of Commerce’s affirmative critical circumstances determination under section 735(a)(3) of the Act, and the ITC’s affirmative critical circumstances determination under section 735(b)(4)(A) of the Act, retroactive duties will be applied to the relevant imports for a period of 90 days prior to the suspension of liquidation (i.e., 90 days prior to the date of publication of the affirmative LTFV Preliminary Determination).5 Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of pea protein from China entered, or withdrawn from warehouse, for consumption, on or after November 15, 2023, which is 90 days prior to the date of publication of the affirmative LTFV Preliminary Determination, in accordance with the critical circumstances finding in the LTFV Final Determination, but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determination, as further described below. Continuation of Suspension of Liquidation and Cash Deposits—AD Except as noted in the ‘‘Provisional Measures—AD’’ section of this notice, in accordance with section 736 of the Act, Commerce intends to instruct CBP to continue to suspend liquidation on all relevant entries of pea protein from China, in accordance with section 736 of the Act. These instructions suspending liquidation will remain in effect until further notice. Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins, with offsets for export subsidies where appropriate, as indicated in the tables below. Accordingly, effective the date of publication of the ITC’s final affirmative injury determination, CBP will suspend the liquidation of entries of subject merchandise, and require, at the same time that importers would normally deposit estimated duties on the merchandise, a cash deposit equal to the rates listed below. The relevant China- wide entity rate applies to all producers or exporters not specifically listed, as appropriate. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins as published in Commerce’s LTFV Final Determination are as follows: Exporter Producer Estimated weighted-average 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 VerDate Sep<11>2014 17:03 Aug 23, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1 lotter on DSK11XQN23PROD with NOTICES1 68392 Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices 6 See LTFV Preliminary Determination. 7 Id. 8 See section 705(c)(4) of the Act; see also SAA at 876 (‘‘If both agencies make affirmative critical circumstances determinations in their final investigations, retroactive duties will be applied for a period ninety days prior to suspension of liquidation.’’). 9 The non-responsive companies are: Focusherb LLC; Golden Protein Limited; Shandong Jianyuan Bioengineering Co.; and Yantai Wanpy International Trade. 10 See Certain Pea Protein from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 87403 (December 18, 2023) (CVD Preliminary Determination). Exporter Producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) 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 Provisional Measures—AD Section 733(d) of the Act states that instructions issued under section 733(d)(1) and (2) of the Act pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extends the four-month period to no more than six months. At the request of exporters that account for a significant proportion of exports of pea protein from China, Commerce extended the four-month period to six months in this investigation.6 Commerce published the LTFV Preliminary Determination on February 13, 2024.7 The extended provisional measures period, beginning on the date of publication of the LTFV Preliminary Determination, ended on August 10, 2024. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 736(a)(1) of the Act and our practice, Commerce intends to instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of pea protein from China entered, or withdrawn from warehouse, for consumption, on or after August 11, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. CVD Order As stated above, based on the above- referenced affirmative final determination by the ITC that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of pea protein from China, in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Because the ITC determined that imports of pea protein from China are materially injuring a U.S. industry, unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption, are subject to the assessment of CVDs. In addition, the ITC found that critical circumstances exist with respect to imports from China subject to Commerce’s affirmative critical circumstances finding within the meaning of section 705(b)(4)(A) of the Act. As a result of Commerce’s affirmative critical circumstances determination under section 705(a)(2) of the Act, and the ITC’s affirmative critical circumstances determination under section 705(b)(4)(A) of the Act, retroactive duties will be applied to the relevant imports for a period of 90 days prior to the suspension of liquidation, (i.e., 90 days prior to the date of publication of the affirmative CVD Preliminary Determination).8 Therefore, in accordance with section 706(a) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of pea protein from China. With respect to entries for Yantai Oriental Protein Tech Co., Ltd., Zhaoyuan Junbang Trading Co., Ltd., all other producers and/or exporters, and the non-responsive companies,9 CVDs will be assessed on unliquidated entries of pea protein from China entered, or withdrawn from warehouse, for consumption, on or after September 19, 2023, which is 90 days prior to the date of publication of the CVD Preliminary Determination.10 CVDs will not be assessed on entries occurring after the expiration of the provisional measures period and before the publication of the ITC’s final affirmative injury determination, as further described in the ‘‘Provisional Measures—CVD’’ section of this notice. Continuation of Suspension of Liquidation and Cash Deposits—CVD In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation of pea protein from China, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. VerDate Sep<11>2014 17:03 Aug 23, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1 lotter on DSK11XQN23PROD with NOTICES1 68393Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices 11 See section 706(a)(3) of the Act. 12 Commerce finds the following companies to be cross owned with Yantai Oriental Protein Tech Co., Ltd: Jiujiang Tiantai Food Co., Ltd.; Shandong Sanjia Investment Holding Group Co., Ltd.; Yantai Yiyuan Bioengineering Co., Ltd.; and Yantai Zhongzhen Trading Co., Ltd. 13 Commerce finds Yantai Shuangta Food Co. Ltd. to be cross owned with Zhaoyuan Junbang Trading Co., Ltd. 14 See CVD Preliminary Determination. 15 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 16 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 17 This segment will be combined with the ACCESS Segment Specific Information (SSI) field, which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 18 See Final Rule, 86 FR at 52335. Commerce also intends, pursuant to section 706(a)(1) of the Act, to instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, CBP will require, at the same time as importers would normally deposit estimated customs duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the subsidy rates listed below.11 The all-others rate applies to all producers or exporters not specifically listed below, as appropriate. Estimated Countervailing Duty Subsidy Rates The estimated countervailing duty subsidy rates as published in Commerce’s CVD Final Determination are as follows: Company Subsidy rate (percent ad valorem) Yantai Oriental Protein Tech Co., Ltd.12 ............................................................................................................................. 16.52 Zhaoyuan Junbang Trading Co., Ltd.13 .............................................................................................................................. 15.15 Focusherb LLC .................................................................................................................................................................... 355.89 Golden Protein Limited ........................................................................................................................................................ 355.89 Shandong Jianyuan Bioengineering Co .............................................................................................................................. 355.89 Yantai Wanpy International Trade ....................................................................................................................................... 355.89 All Others ............................................................................................................................................................................. 15.84 Provisional Measures—CVD Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the CVD Preliminary Determination on December 18, 2023.14 As such, the four-month period beginning on the date of publication of the CVD Preliminary Determination ended on April 15, 2024. Therefore, in accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to CVDs, unliquidated entries of pea protein from China entered, or withdrawn from warehouse, for consumption, on or after April 16, 2024, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. Establishment of the Annual Inquiry Service List On September 20, 2021, Commerce published the Final Rule in the Federal Register.15 On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register.16 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin. In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL- Annual Inquiry Service List.’’ 17 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, the new annual inquiry service list will be in place until the following year, when the opportunity notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 18 Accordingly, as stated above, the petitioner and the Government of China should submit their initial entries of appearance after publication of this notice in order to appear in the first annual inquiry service list for those VerDate Sep<11>2014 17:03 Aug 23, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1 lotter on DSK11XQN23PROD with NOTICES1 68394 Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices orders for which they qualify as an interested party. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of China will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Government of China are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notifications to Interested Parties This notice constitutes the AD and CVD orders with respect to pea protein from China, pursuant to section 736(a) and 706(a) of the Act. Interested parties can find a list of AD and CVD orders currently in effect at https:// enforcement.trade.gov/stats/ iastats1.html. These orders are published in accordance with sections 736(a) and 706(a) of the Act, and 19 CFR 351.211(b). Dated: August 20, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistance Secretary for Enforcement and Compliance. Appendix Scope of the Orders The product within the scope of these orders 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 these orders. 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 these orders. 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 these orders unless specifically excluded. The following products, by way of example, are outside and/or specifically excluded from the scope of these orders: • 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 is dispositive. [FR Doc. 2024–19071 Filed 8–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration AI in Biopharmaceuticals Industry Roundtable AGENCY : International Trade Administration, Department of Commerce. ACTION : Notice. SUMMARY : Through this notice, the International Trade Administration (ITA) of the Department of Commerce announces a roundtable discussion with industry representatives and U.S. government officials on strategies to increase U.S. industry competitiveness and support adoption of artificial intelligence (AI) in the U.S. biopharmaceutical industry and the adoption of AI in drug discovery and development, biopharmaceutical manufacturing, clinical trial design, and supply chain management. ITA invites applications from industry representatives to participate in the roundtables. Applicants should be existing producers or prospective new market entrants with medicines that are or will be produced or developed in the United States and exported overseas. DATES : Events: The roundtable will be held on Wednesday, October 16, 2024, from 2:30 p.m. to 4:30 p.m., Eastern Daylight Time. Event Registration: ITA will evaluate registrations based on the submitted information (see below) and inform applicants of selection decisions, which will be made on a rolling basis until a maximum of 20 participants have been selected. ADDRESSES : Event: The roundtable will be held via Microsoft Teams, and the link for the meeting will be provided to selected and registered participants. FOR FURTHER INFORMATION CONTACT : Liam Kraft at 771–216–4432 or via email at HealthAI@trade.gov. SUPPLEMENTARY INFORMATION : AI is anticipated to yield significant growth opportunities for the healthcare sector. With AI regulation and policy formation still nascent in many markets, it is important to understand the implications of changes in these areas for U.S. healthcare industry stakeholders as adoption of AI grows across the biopharmaceutical industry. This discussion will help position ITA to work with U.S. industry stakeholders in ways that can enhance U.S. industry competitiveness in overseas markets and reduce current or future trade barriers faced by companies in this space. The Department seeks individual input and views at the 10/16/2024 roundtable regarding overseas competitiveness of U.S. companies using, or planning to incorporate, AI in how they produce and commercialize biopharmaceuticals. Participants will be encouraged to provide any relevant feedback on this issue during the roundtable, which may include comments on the following non- exhaustive list of possible topics: • With the introduction of technologies such as foundational models and general-purpose AI, what regulatory and policy shifts is your company monitoring in global markets that might affect adoption of AI in the production and commercialization of biopharmaceuticals? How do you anticipate these changes may affect your company’s global competitiveness? 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