Notice2024-12341
Organic Soybean Meal From India: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2023
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
June 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Shanti Worldwide made sales of organic soybean meal from India at below normal value during the period of review (POR), November 2, 2021, through April 30, 2023. Additionally, we find that Shri Sumati Industries Pvt. Ltd. (Sumati), did not make bona fide sales during the POR. Accordingly, Commerce preliminarily intends to rescind this review with respect to Sumati. Further, we are rescinding the review with respect to 35 companies for which the review requests were timely withdrawn. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
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[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48147-48149]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12341]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Preliminary Results, Preliminary
Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Shanti Worldwide made sales of organic soybean meal
from India at below normal value during the period of review (POR),
November 2, 2021, through April 30, 2023. Additionally, we find that
Shri Sumati Industries Pvt. Ltd. (Sumati), did not make bona fide sales
during the POR. Accordingly, Commerce preliminarily intends to rescind
this review with respect to Sumati. Further, we are rescinding the
review with respect to 35 companies for which the review requests were
timely withdrawn. We invite interested parties to comment on these
preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 16, 2022, Commerce issued the antidumping duty order on
organic soybean meal from India.\1\ On May 31, 2023, Commerce received
requests for administrative review from Ecopure Specialties Ltd.
(Ecopure), Shanti Worldwide, Sumati, and the Organic Soybean Processors
of America (the petitioner).\2\ Based on these timely requests for
review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order covering 37
companies.\3\ On July 26, 2023, the petitioner withdrew its request for
review of five companies \4\ and on October 6, 2023, the petitioner
withdrew its request for all companies for which it initially requested
review.\5\ On October 10, 2023, Ecopure withdrew its request for review
of itself.\6\ Thus, there are no outstanding review requests for any
companies except Shanti Worldwide and Sumati. On January 18, 2024, we
extended the deadline for these preliminary results until no later than
May 30, 2024.\7\
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\1\ See Organic Soybean Meal from India: Antidumping Duty Order,
87 FR 29737 (May 16, 2022) (Order).
\2\ See Ecopure's Letter, ``Ecopure Specialties Limited's
Request for Administrative Review,'' dated May 31, 2023; Shanti
Worldwide's Letter, ``Request for Antidumping Duty Administrative
Review,'' dated May 31, 2023; and Sumati's Letter, ``Request for
Antidumping Duty Administrative Review,'' dated May 31, 2023; and
Petitioner's Letter, ``Request for Administrative Review,'' dated
May 31, 2023.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 26, 2023.
\5\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 6, 2023.
\6\ See Ecopure's Letter, ``Ecopure Specialties Private
Limited's Withdrawal of Request for Administrative Review,'' dated
October 10, 2023.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
18, 2024.
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Scope of the Order
The product covered by the Order is certified organic soybean meal.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. As noted above, all requests
for administrative review were timely withdrawn for all companies
except
[[Page 48148]]
Shanti Worldwide and Sumati. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to 35 companies named in the Initiation Notice.\8\
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\8\ See Appendix II for a list of these companies.
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Intent To Rescind, in Part
As discussed in the Preliminary Decision Memorandum and as further
explained in the Bona Fides Sales Memorandum, Commerce preliminarily
finds that Sumati did not make a bona fide sale of organic soybean meal
during the POR.\9\ Commerce reached this conclusion based on the
totality of the record information surrounding Sumati's reported sale,
including, but not limited to, the sales quantity, profitability, and
expenses arising from the sale.
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\9\ See Memoranda, ``Preliminary Bona Fide Sales Analysis for
Shri Sumati Industries Pvt. Ltd.,'' dated concurrently with this
notice (Bona Fide Sales Memorandum) and ``Decision Memorandum for
the Preliminary Results, Preliminary Intent to Rescind, in Part, and
Partial Recission of the Antidumping Duty Administrative Review of
the Antidumping Duty Order on Organic Soybean Meal from India; 2021-
2023,'' dated concurrently with, and hereby adopted by, this notice.
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Because we preliminarily find that Sumati did not make a bona fide
sale during the POR, we find that Sumati had no reviewable transactions
during the POR. Accordingly, we preliminarily intend to rescind this
administrative review with regards to Sumati. The factual information
used in our bona fide sales analysis of Sumati involves business
proprietary information. See the Bona Fide Sales Memorandum for a full
discussion of the basis of our preliminary findings.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Because
Commerce preliminarily finds that Shanti Worldwide failed to cooperate
to the best of its ability in responding to our requests for
information, we relied on facts available, with adverse inferences
(AFA), in determining this company's dumping margin, consistent with
section 776 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in Appendix
I of this notice. The Preliminary Decision Memorandum 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, 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>.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
estimated weighted-average dumping margin for the period November 2,
2021, through April 30, 2023:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Shanti Worldwide........................................... 18.80
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied AFA to the individually
examined company, Shanti Worldwide, in accordance with section 776(a)
and (b) of the Act, there are no calculations to disclose.
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\10\ 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.\11\
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\10\ 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 Final Rule).
\11\ See 19 351.309(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.\12\ 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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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. 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. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of issues raised by the
parties in the written comments, within 120 days after the publication
of this notice, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\ If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin is
[[Page 48149]]
zero or de minimis in the final results, or if an importer-specific
assessment rate is zero or de minimis in the final results, Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\16\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by Shanti Worldwide for which Shanti
Worldwide did not know that its merchandise was destined to the United
States, Commerce will instruct CBP to liquidate unreviewed entries at
the all-others rate, if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
Commerce intends 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).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of organic soybean meal from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 3.07 percent, the
all-others rate established in the investigation.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies for Which This Administrative Review Is Being Rescinded
1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.; Bergwerff Organic Private
Limited/Suminter.India Organic Private Limited
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products LLP
7. Eco Gold Nutri and Organics LLP.
8. Ecopure Specialities Ltd.
9. Jay Shree Agro Products
10. Kaj Traders
11. Kanishka Organics LLP
12. Keshav Proteins and Organic LLP.
13. Kiesriya Agro Exim Pvt., Ltd.
14. Mani Loni
15. Navjyot International Pvt., Ltd.
16. Prasad Cotton Industries Pvt., Ltd.
17. Radha Krishna Oil Product
18. Raj Foods International
19. Raj Natural Food Pvt., Ltd.
20. Rajat Agro Commodities Pvt., Ltd.
21. Reindeer Organics LLP.
22. Sai Smaran Foods Ltd.
23. Satguru Agro Resources Private Ltd.
24. Satguru Organics Pvt., Ltd.
25. Seasons International Pvt., Ltd.
26. Shanti Overseas
27. Shemach Impex
28. Shivam Enterprises
29. Shri Narayani Mfg. Co.
30. Suminter India Organics Pvt., Ltd.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna
35. We Organic Nature Pvt. Ltd.
[FR Doc. 2024-12341 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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