Notice2021-23883
Organic Soybean Meal From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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Published
November 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that organic soybean meal from India 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, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 86 Issue 209 (Tuesday, November 2, 2021)</title>
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[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60443-60446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23883]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that organic soybean meal from India 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, 2020, through December 31, 2020.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable November 2, 2021.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4261.
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 April 27,
2021.\1\ On August 18, 2021, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 27, 2021.\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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Organic Soybean Meal from India: Initiation of Less-
Than-Fair-Value Investigation, 86 FR 22146 (April 27, 2021)
(Initiation Notice).
\2\ See Organic Soybean Meal from India: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigation, 86 FR 46181 (August 18, 2021).
\3\ See Memorandum, ``Organic Soybean Meal from India: Decision
Memorandum for the Preliminary Affirmative Determination of Sales at
Less Than Fair Value,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is organic soybean meal
from India. 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\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is preliminarily modifying the scope
language as it appeared in the Initiation
[[Page 60444]]
Notice.\6\See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Preliminary Decision Memorandum at Scope Comments.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. In addition,
Commerce has relied on facts available with an adverse inference (AFA)
under sections 776(a) and (b) of the Act for Shanti Worldwide, Shri
Sumati Oil Industries Pvt. Ltd., Navjyot International Pvt. Ltd., Ish
Agritech Pvt. Ltd., Satguru Organics Pvt. Ltd., Radiance Overseas,
Swastik Enterprises, Soni Soya Products Limited, Raj Foods
International, Vantage Organic Foods Pvt. Ltd., Shree Bhagwati Oil
Mill, and Pragati Organics (collectively non-responsive companies). For
a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall normally be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to the non-responsive companies. Therefore,
the only rate that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for Bergwerff Organic India
Private Limited (Bergwerff). Consequently, the rate calculated for
Bergwerff is also assigned as the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted Cash deposit
average rate (adjusted
Exporter/producer dumping for subsidy
margin offset(s)
(percent) (percent)
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Bergwerff Organic Private Limited/ 3.11 0.00
Suminter India Organic Private
Limited..............................
Shanti Worldwide...................... * 18.85 11.83
Shri Sumati Oil Industries Pvt. Ltd... * 18.85 11.83
Navjyot International Pvt. Ltd........ * 18.85 11.83
Ish Agritech Pvt. Ltd................. * 18.85 11.83
Satguru Organics Pvt. Ltd............. * 18.85 11.83
Radiance Overseas..................... * 18.85 11.83
Swastik Enterprises................... * 18.85 11.83
Soni Soya Products Limited............ * 18.85 11.83
Raj Foods International............... * 18.85 11.83
Vantage Organic Foods Pvt. Ltd........ * 18.85 11.83
Shree Bhagwati Oil Mill............... * 18.85 11.83
Pragati Organics...................... * 18.85 11.83
All Others............................ 3.11 0.00
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* (AFA).
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 entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate(s).\7\ Any such adjusted cash deposit rate may
be found in the ``Preliminary Determination'' section above.\8\ 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 estimated antidumping duty
cash deposits unadjusted for countervailed export subsidies at the time
that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
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\7\ See, e.g., Polyester Textured Yarn from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 84 FR 31301 (July 1, 2019), unchanged in Polyester
Textured Yarn from India: Final Determination of Sales at Less Than
Fair Value, 84 FR 63843 (November 19, 2019).
\8\ See Preliminary Decision Memorandum for further discussion.
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[[Page 60445]]
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any 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).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance A timeline for the
submission of case briefs and written comments will be notified to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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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. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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 not 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 petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
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.
On October 11, 2021, pursuant to 19 CFR 351.210(e), Bergwerff
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\11\ 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 exporter accounts 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
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\11\ See Bergwerff's Letter, ``Organic Soybean Meal from India:
Request for Postponement of the Final Determination,'' dated October
11, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. 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 these imports 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: October 27, 2021.
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 merchandise subject to the investigation is certified
organic soybean meal. Certified organic soybean meal results from
the mechanical pressing of certified organic soybeans into ground
products known as soybean cake, soybean chips, or soybean flakes,
with or without oil residues. Soybean cake is the product after the
extraction of part of the oil from soybeans. Soybean chips and
soybean flakes are produced by cracking, heating, and flaking
soybeans and reducing the oil content of the conditioned product.
``Certified organic soybean meal'' is certified by the U.S.
Department of Agriculture (USDA) National Organic Program (NOP) or
equivalently certified to NOP standards or NOP-equivalent standards
under an existing organic equivalency or recognition agreement.
Certified organic soybean meal subject to this investigation has
a protein content of 34 percent or higher.
Organic soybean meal that is otherwise subject to this
investigation is included when incorporated in admixtures, including
but not limited to prepared animal feeds. Only the organic soybean
meal component of such admixture is covered by the scope of this
investigation. The products covered by this investigation are
currently classified under the following Harmonized Tariff Schedule
of the United States (HTSUS) subheadings: 1208.10.0010 and
2304.00.0000. Certified organic soybean meal may also enter under
HTSUS 2309.90.1005, 2309.90.1015, 2309.90.1020, 2309.90.1030,
2309.90.1032, 2309.90.1035, 2309.90.1045, 2309.90.1050, and
2308.00.9890.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
[[Page 60446]]
VI. Postponement of Final Determination
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Adjustment to Cash Deposit Rates for Export Subsidies in
Companion CVD Investigation
XVI. Recommendation
[FR Doc. 2021-23883 Filed 11-1-21; 8:45 am]
BILLING CODE 3510-DS-P
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