Two More Chinese Pea Protein Complaints Roll Into CIT

Two more complaints from Chinese high protein content pea protein exporters (see 2410230049) and an importer hit the Court of International Trade on Oct. 25, this time challenging the International Trade Commission’s final affirmative critical circumstances determination regarding pea protein from China (NURA USA v. U.S., CIT # 24-00182; Jianyuan International v. U.S., CIT # 24-00184).

Exporters led by Jianyuan International filed one of the complaints; the other was submitted by importer NURA USA. Both challenged the ITC’s determination, saying that the increase in pea protein imports during the designated period wasn’t actually large enough to indicate critical circumstances.

NURA noted that only two of the four ITC commissioners that participated in the investigation found critical circumstances existed as a result of Chinese pea protein imports. One made a negative determination, and the other found the domestic industry was only threatened, not damaged, with material injury due to the imports.

The two that did find critical circumstances based their determination on a “significant” increase in the volume of pea protein imports during the five-month period of inquiry, NURA said. But, though they “acknowledged” that the increase, by percentage, was “less than in some other recent investigations,” they explained that the “increase was from a very large base” because Chinese pea protein imports were already dominant in American markets, the importer said.

But a dissenting commissioner disagreed that this warranted a finding of critical circumstances, NURA said, saying it was not a “substantial” enough increase.

The two commissioners that had found critical circumstances “invent[ed] a new analytical framework for ITC critical circumstances determinations in this investigation,” Jianyuan claimed.