Notice2024-28757
Organic Soybean Meal From India: Final Results 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
December 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that Shanti Worldwide (Shanti) made sales of subject merchandise at less than normal value during the period of review (POR) November 2, 2021, through April 30, 2023. Additionally, we are rescinding the review with respect to Shri Sumati Industries Pvt. Ltd. (Sumati), because we find that they did not make bona fide sales during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97589-97590]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28757]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Final Results 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) finds that Shanti
Worldwide (Shanti) made sales of subject merchandise at less than
normal value during the period of review (POR) November 2, 2021,
through April 30, 2023. Additionally, we are rescinding the review with
respect to Shri Sumati Industries Pvt. Ltd. (Sumati), because we find
that they did not make bona fide sales during the POR.
DATES: Applicable December 9, 2024.
FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482-0264.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2024, Commerce published the preliminary results of the
2021-2023 administrative review of the antidumping duty order on
organic soybean meal from India.\1\ We invited interested parties to
comment on the Preliminary Results.\2\ No interested parties submitted
comments; thus, no decision memorandum accompanies this notice. The
Preliminary Results are hereby adopted as the final results of this
review. Commerce conducted this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Organic Soybean Meal from India: Preliminary Results,
Preliminary Intent to Rescind, in part, and Partial Rescission of
Antidumping Duty Administrative Review; 2021-2023, 89 FR 48147 (June
5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Preliminary Results.
---------------------------------------------------------------------------
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ See Organic Soybean Meal from India: Antidumping Duty Order,
87 FR 29737 (May 16, 2022) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is organic soybean meal from
India. A full description of the scope of the Order is provided in the
Preliminary Results.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results PDM at 3.
---------------------------------------------------------------------------
Recission of Administrative Review, in Part
In the Preliminary Results, we stated that we intended to rescind
this review with respect to Sumati for which we preliminarily found
that Sumati did not make a bona fide sale of organic soybean meal
during the POR.\5\ No party filed comments with respect to this
preliminary finding. Therefore, we are rescinding the administrative
review with respect to this company.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Preliminary Bona Fide Sales Analysis for
Shri Sumat Industries Pvt. Ltd.,'' (June 5, 2024); see also
Preliminary Results PDM at 4-5.
---------------------------------------------------------------------------
Final Results of the Review
We determine the following estimated weighted-average dumping
margins for the period November 2, 2021, through April 30, 2023.
[[Page 97590]]
------------------------------------------------------------------------
Weight-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Shanti Worldwide........................................... 18.80
------------------------------------------------------------------------
Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis. Consequently, there are no
calculations to disclose in accordance with 19 CFR 351.224(b) for these
final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), upon completion of the final
results, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\6\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. Where the weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.212(b)(1).
\7\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Shanti for which it did not know that the merchandise it sold to the
intermediary (e.g., reseller, trading company, or exporter) was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the company 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
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 these final results 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 cash deposit requirements will be effective for all
shipments of subject merchandise 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 equal to the dumping margin established in the final
results of this review for each respondent (except, if that rate is de
minimis, then the cash deposit rate will be zero); (2) for producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or a prior segment of the proceeding but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.07 percent, the
all-others rate established in the less-than-fair-value
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28757 Filed 12-6-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 9, 2024.
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.