Notice2024-11909
Organic Soybean Meal From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021-2022
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 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain producers/exporters of organic soybean meal from India. The period of review (POR) is September 3, 2021, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46864-46866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11909]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-902]
Organic Soybean Meal From India: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers/exporters of organic soybean meal from India. The period of
review (POR) is September 3, 2021, through December 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw or Tylar Lewis, AD/CVD
Operations, Office OVII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0697 or (202)
482-6009, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2023, Commerce published in the Federal Register the
notice of initiation of an administrative review of the Order with
respect to 38 companies.\1\ On August 11, 2023, Commerce selected
Delight Lifelike Products Private Ltd. and Vinod Kumar Ranjeet Singh
Bafna.\2\ Subsequently, on October 24, 2023, we selected Shri Sumati
Industries Private Limited (Shri Sumati) and Shanti Worldwide (Shanti),
the only two companies for which an administrative review was requested
and not withdrawn, as the mandatory respondents.\3\ Pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for the preliminary results until May 23,
2024.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also
Organic Soybean Meal from India: Countervailing Duty Order, 87 FR
29735 (May 16, 2022) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated August 11,
2023.
\3\ See Memorandum, ``Respondent Selection,'' dated October 24,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated January 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included in Appendix I. 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Organic Soybean Meal from India; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by this Order is organic soybean meal from
India. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. A list of the 35 companies
Commerce received timely-filed withdrawal requests from is provided
below in Appendix II. Because the withdrawal requests were timely filed
and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to these 35 companies.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found to be countervailable, we preliminarily determine that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
conclusions, including our reliance on adverse facts available pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that for
2021 and 2022, the following estimated countervailable subsidy rates
exist:
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Subsidy rate 2021 Subsidy rate 2022
Company (percent ad valorem) (percent ad valorem)
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Shri Sumati Industries Private Limited........................ 7.99 4.08
Shanti Worldwide.............................................. 261.80 261.80
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of its 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).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the publication of these
preliminary results of review in the Federal
[[Page 46865]]
Register. Rebuttal briefs, limited to issues raised in case briefs, may
be submitted no later than five days after the deadline for filing case
briefs.\7\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\8\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in the respective case briefs. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\11\
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\11\ See 19 CFR 351.310(d).
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Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits of estimated countervailing
duties in the amounts shown for the year 2022 for Shri Sumati and
Shanti, except where the rate calculated in the final results is zero
or de minimis, no cash deposit will be required on shipments of the
subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated countervailing duties at the all-others rate
or the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period September
3, 2021, through December 31, 2022, in accordance with 19 CFR
351.212(c)(1)(i).
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by parties in their comments, within 120
days after the date of publication of these preliminary results in the
Federal Register.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: May 23, 2024.
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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative Review
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Discount Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
List of Companies for Which Commerce Is Rescinding Its Review
1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.; Suminter India Organics Pvt.,
Ltd.
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products Llp
7. Eco Gold Nutri & Organics Llp
8. Eco Gold Nutri And Organics Llp
9. Ecopure Specialties Limited
10. Jay Shree Agro Products
11. Kaj Traders
12. Kanishka Organics Llp
13. Keshav Proteins and Organic LLP
14. Kiesriya Agro Exim Pvt., Ltd.
15. Mani Loni
16. Navjyot International
17. Prasad Cotton Industries Pvt., Ltd.
18. Radha Krishna Oil Product
19. Raj Foods International
20. Raj Natural Food Pvt., Ltd.
21. Rajat Agro Commodities Pvt., Ltd.
22. Reindeer Organics Llp
23. Sai Smaran Foods Ltd.
24. Satguru Agro Resources Private Ltd.
25. Satguru Organics Pvt., Ltd.
26. Seasons International Pvt., Ltd.
27. Shanti Overseas
28. Shemach Impex
29. Shivam Enterprises
30. Shri Narayani Mfg. Co.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna
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35. We Organic Nature Pvt. Ltd.
[FR Doc. 2024-11909 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 30, 2024.
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