FAQs – U.S. Pea Protein Trade Case

On June 27th 2024, the United States announced final antidumping and countervailing duties on pea protein isolate imported from China ranging from 127% to 626%. These duties will be retroactive 90 days from the preliminary determinations.

Where can I find a complete list of antidumping duties by Chinese producer/exporter?

For a complete list of antidumping rates by Chinese producer / exporter please refer to the United States Federal Register.

What are antidumping duties?

Anti-dumping duties are imposed when domestic industry is injured by a foreign exporter that sells product at a price below the cost of production or the selling price in their home country.

What are countervailing (subsidy) duties?

Countervailing duties are imposed when a government provides benefits to businesses (e.g., direct cash payments, credits against taxes, inputs for less than market price etc.) that distort the prices or costs of products.

What is the purpose of antidumping and countervailing trade laws?

Antidumping and countervailing duties are intended to offset the unfairly dumped and subsidized import pricing, levelling the playing field for domestic industry.

Key Dates

  • July 12, 2023

    Petition filed with United States International Trade Commission (USITC). After a preliminary review, the USITC determines, unanimously, that U.S. industry is materially injured by imports of pea protein from China

  • February 8, 2024

    DOC announces preliminary antidumping duties. Cash deposits will be required to be posted by importers to cover these duties, and this requirement is retroactive 90 days.

  • June 27, 2024

    DOC announces final antidumping and countervailing duties ranging from 127% to 626%. Cash deposits will be required to be posted by importers to cover these duties.

Will imports from NutriPea be subject to duties?

No. NutriPea’s production facilities are located in Manitoba, Canada. These duties only apply to imports of pea protein from China.

Why are the duties retroactive 90 days?

On December 12th, 2023, the U.S. Department of Commerce made a preliminary determination that “critical circumstances” existed, making the cash deposit requirement to cover duties retroactive 90 days. This is recognition from the US Department of Commerce that there was a surge of imports since the petition was filed which has negatively impacted the industry. On June 27, 2024 the U.S. Department of Commerce made final determinations that “critical circumstances” existed, resulting in retroactive assessment of full duty amounts.

What products are subject to duties?

Pea protein derived from green or yellow peas with a protein content equal to or greater 65% (dry basis). This may be identified as pea protein concentrate, pea protein isolate, hydrolyzed pea protein, pea peptides, and fermented pea protein. In addition, pea protein that has been blended, combined, or mixed with other products is included within the scope.

What is being done to protect the Canadian market?

On April 22, 2024, the Canada Border Services Agency (CBSA) initiated investigations into the dumping and subsidization of pea protein from China. The investigation is ongoing.

Need more information on how this will affect your business?

Located in the heart of Canada, NutriPea is a leader in the production of pea protein isolates with over 40 years experience. Contact us to learn more.

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