Notice2022-10481
Organic Soybean Meal From India: Countervailing 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 the countervailing 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 29735-29737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-902]
Organic Soybean Meal From India: Countervailing 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 the countervailing duty order on
organic soybean meal from India.
DATES: Applicable May 16, 2022.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on March 23, 2022, Commerce published its
affirmative final determination in the countervailing duty
investigation of organic soybean meal from India.\1\ On May 5, 2022,
the ITC notified Commerce of its affirmative final determination that
an industry in the United States is materially injured within the
meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized
imports of organic soybean meal from India.\2\
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\1\ See Organic Soybean Meal from India: Final Affirmative
Countervailing Duty Determination, 87 FR 16453 (March 23, 2022).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' 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 the order, see the
appendix to this notice.
Countervailing Duty Order
On May 5, 2022, in accordance with section 705(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 by reason of subsidized imports of organic soybean meal from
India.\3\ Therefore, in accordance with section 705(c)(2) of the Act,
Commerce is issuing the countervailing 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 countervailing 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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In accordance with section 706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by
[[Page 29736]]
Commerce, countervailing duties on unliquidated entries of organic
soybean meal from India. With the exception of entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final affirmative injury determination, as
further described below, countervailing duties will be assessed on
unliquidated entries of organic soybean meal from India entered, or
withdrawn from warehouse, for consumption on or after September 3,
2021, the date of publication of the Preliminary Determination in the
Federal Register.\4\
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\4\ See Organic Soybean Meal from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 86 FR 49514
(September 3, 2021) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of organic soybean meal
from India, effective the date of publication of the ITC's notice of
final determinations in the Federal Register, and to assess, upon
further instruction by Commerce pursuant to 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates. These
instructions will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts as indicated below. The all-others rate applies to all
producers or exporters not specifically listed below.
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Subsidy
Company rate
(percent)
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Bergwerff Organic India Private Limited \5\................. 9.57
Shanti Worldwide *.......................................... 283.91
Shri Sumati Oil Industries Pvt. Ltd.*....................... 283.91
Navjyot International Pvt. Ltd.*............................ 283.91
Ish Agritech Pvt. Ltd.*..................................... 283.91
Satguru Organics Pvt. Ltd.*................................. 283.91
Radiance Overseas *......................................... 283.91
Swastik Enterprises *....................................... 283.91
Soni Soya Products Limited *................................ 283.91
Raj Foods International *................................... 283.91
Vantage Organic Foods Pvt. Ltd.*............................ 283.91
Shree Bhagwati Oil Mill *................................... 283.91
Pragati Organics *.......................................... 283.91
All Others.................................................. 9.57
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* Rate based on adverse facts available.
Provisional Measures
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\5\ Commerce has found the following company to be cross-owned
with Bergwerff Organic India Private Limited: Suminter India
Organics Private Limited.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on September 3,
2022.\6\ Therefore, entries of organic soybean meal from India made on
or after January 1, 2022, and prior to the date of publication of the
ITC's final determination in the Federal Register, are not subject to
the assessment of countervailing duties due to Commerce's
discontinuation of the suspension of liquidation.
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\6\ See Preliminary Determination.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of
organic soybean meal from India entered, or withdrawn from warehouse,
for consumption on or after January 1, 2022, the date on which the
provisional countervailing duty measures expired, through the day
preceding the date of publication of the ITC final injury determination
in the Federal Register. Suspension of liquidation will resume on the
date of publication of the ITC 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.\7\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\8\ 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.\9\
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\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\9\ 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.\10\
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\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display he 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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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>.
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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.'' \11\ Accordingly, as stated
above, the petitioners and the Government of India should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and the Government of India 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 the Government of India 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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\11\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to organic soybean meal from India, pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing 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
706(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. 2022-10481 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.
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