Notice2022-06154
Organic Soybean Meal From India: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) 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).
Full Text
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<title>Federal Register, Volume 87 Issue 56 (Wednesday, March 23, 2022)</title>
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[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16458-16460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06154]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Final Affirmative Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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).
DATES: Applicable March 23, 2022.
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
On November 2, 2021, Commerce published the Preliminary
Determination in this investigation.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\
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\1\ See Organic Soybean Meal from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
60443 (November 2, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Less-Than-Fair-Value Investigation of Organic
Soybean Meal from India,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
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
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
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\3\ See Commerce's Letter, ``Organic Soybean Meal from India
Antidumping Duty Investigation: Questionnaire in Lieu of
Verification,'' dated January 7, 2022; see also Bergwerff's Letter,
``Organic Soybean Meal from India: In Lieu of Onsite Verification
Questionnaire Response,'' dated January 19, 2022.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our preliminary findings, we made certain
changes to the margin calculations for Bergwerff Organic India Private
Limited (Bergwerff), the sole cooperative respondent in this
investigation, after the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. Commerce
[[Page 16459]]
calculated an individual estimated weighted average dumping margin for
Bergwerff, the only individually examined exporter/producer in this
investigation. Because the only individually calculated dumping margin
is not zero, de minimis, or based entirely on facts otherwise
available, the estimated weighted-average dumping margin calculated for
Bergwerff is the margin assigned to all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The estimated weighted-average dumping margins are as follows:
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Cash deposit rate
Estimated weighted (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent)
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Bergwerff Organic Private 3.07 0.00
Limited/Suminter India
Organic Private Limited....
Shanti Worldwide............ * 18.80 9.26
Shri Sumati Oil Industries * 18.80 9.26
Pvt. Ltd...................
Navjyot International Pvt. * 18.80 9.26
Ltd........................
Ish Agritech Pvt. Ltd....... * 18.80 9.26
Satguru Organics Pvt. Ltd... * 18.80 9.26
Radiance Overseas........... * 18.80 9.26
Swastik Enterprises......... * 18.80 9.26
Soni Soya Products Limited.. * 18.80 9.26
Raj Foods International..... * 18.80 9.26
Vantage Organic Foods Pvt. * 18.80 9.26
Ltd........................
Shree Bhagwati Oil Mill..... * 18.80 9.26
Pragati Organics............ * 18.80 9.26
All Others.................. 3.07 0.00
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* (Facts available with an adverse inference).
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties 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 publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of organic soybean
meal, as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after November 2, 2022,
the date of publication of the Preliminary Determination in this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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. These suspension of liquidation instructions will
remain in effect until further notice.
In the event that a countervailing duty (CVD) order is issued, and
suspension of liquidation is resumed in the companion CVD investigation
of soybean meal from India, Commerce will instruct CBP to require, for
this antidumping duty investigation, cash deposits adjusted by the
amount of export subsidies, as appropriate. These adjustments are
reflected in the final column of the rate chart, above. Until such
suspension of liquidation is resumed in the companion CVD
investigation, and so long as suspension of liquidation continues under
this antidumping duty investigation, the cash deposit rates for this
antidumping duty investigation will be the rates identified in the
estimated weighted-average dumping margin column in the rate chart,
above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its 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, no later than 45 days after our 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. If the ITC determines that material
injury or threat of material 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, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only 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 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 the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
[[Page 16460]]
Dated: March 17, 2022.
Lisa W. Wang,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences: Non-
Cooperative and Non-Responsive Companies
V. Changes Since the Preliminary Determination
VI. Analysis of Comments
Comment 1: Certain Direct Selling Expenses
Comment 2: Bergwerff's Affiliation with a Certain Supplier
Comment 3: Bergwerff's Affiliation with Supplying Farmers
Comment 4: Bergwerff Allegedly Used Non-Organic Soybeans
Comment 5: Whether AFA is Warranted for Bergwerff
Comment 6: AFA for Non-Cooperative Selected Mandatory
Respondents and Affiliates
Comment 7: AFA Rate
Comment 8: AFA Rate Subsidy Offset
VII. Recommendation
[FR Doc. 2022-06154 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 23, 2022.
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