Notice2022-10480
Organic Soybean Meal From India: Antidumping Duty Order
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
May 16, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on organic soybean meal from India.
Full Text
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<title>Federal Register, Volume 87 Issue 94 (Monday, May 16, 2022)</title>
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[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29737-29739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10480]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Antidumping Duty Order
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 an antidumping duty order on
organic soybean meal from India.
DATES: Applicable May 16, 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
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 23,
2022, Commerce published its final affirmative determination in the
less-than-fair-value (LTFV) investigation of organic soybean meal from
India.\1\ On May 5, 2022, the ITC notified Commerce of its final
affirmative determination that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act, by reason of LTFV imports of organic soybean meal from India.\2\
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\1\ See Organic Soybean Meal from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 87 FR 16458 (March
23, 2022).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated May 5, 2022.
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Scope of the Order
The product covered by this order is organic soybean meal from
India. For a complete description of the scope of this order, see the
appendix to this notice.
Antidumping Duty Order
On May 5, 2022, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination in this investigation,
in which it found that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) by reason of
organic soybean meal from India.\3\ Therefore, in accordance with
section 735(c)(2) of the Act, Commerce is issuing this antidumping duty
order. Because the ITC determined that imports of organic soybean meal
from India are materially injuring a U.S. industry, unliquidated
entries of such merchandise from India, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
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\3\ Id.; see also Organic Soybean from India, Inv. Nos. 701-TA-
667 and 731-TA-1559, USITC Pub. 5321 (May 2022) (Final).
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As a result of the ITC's final affirmative determination, 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 organic soybean
meal from India. Antidumping duties will be assessed on unliquidated
entries of organic soybean meal from India entered, or withdrawn from
warehouse, for consumption on or after November 2, 2021, the date of
publication of the Preliminary Determination,\4\ but will not include
entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final injury determination,
as further described below.
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\4\ 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, 85 FR
60443 (November 2, 2021) (Preliminary Determination).
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[[Page 29738]]
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of organic soybean meal from India, as described in the appendix to
this notice, which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination in the Federal Register. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins included in the tables
below, adjusted by the export subsidy offset. Accordingly, effective on
the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determination, CBP will require, at the
same time as importers would normally deposit estimated duties on
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed in the tables below. The all-others rate
for each country applies to all producers or exporters not specifically
listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted average subsidy
dumping margin offset(s))
(percent) (percent)
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Bergwerff Organic Private Limited/ 3.07 0.00
Suminter India Organic Private
Limited..........................
Shanti Worldwide.................. * 18.80 9.26
Shri Sumati Oil Industries Pvt. * 18.80 9.26
Ltd..............................
Navjyot International Pvt. Ltd.... * 18.80 9.26
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. Ltd.... * 18.80 9.26
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).
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant portion of exports of the subject
merchandise. At the request of exporters that account for a significant
proportion of organic soybean meal from India, Commerce extended the
four-month period to six months in the Preliminary Determination,
published on November 2, 2021.\5\ Therefore, the extended provisional
measures period, beginning on the date of publication of the
Preliminary Determination, ended on April 30, 2022. 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.
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\5\ See Preliminary Determination.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of organic soybean meal from India entered, or
withdrawn from warehouse, for consumption on or after May 1, 2022, 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.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\6\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\7\ 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.\8\
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\8\ Id.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice 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.'' \9\
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\9\ 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.
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[[Page 29739]]
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 at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments 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.
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\10\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
organic soybean meal from India, pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: May 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise subject to the order 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 order has a
protein content of 34 percent or higher.
Organic soybean meal that is otherwise subject to this order 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 order.
The products covered by this order 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.
[FR Doc. 2022-10480 Filed 5-13-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.