Notice2024-28991
Organic Soybean Meal From India: Final Results 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
December 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain producers and exporters of organic soybean meal from India. The period of review (POR) is September 3, 2021, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 237 (Tuesday, December 10, 2024)</title>
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99223-99224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28991]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-902]
Organic Soybean Meal From India: Final Results 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) determines that
countervailable subsidies were provided to certain producers and
exporters of organic soybean meal from India. The period of review
(POR) is September 3, 2021, through December 31, 2022.
DATES: Applicable December 10, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On May 30, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On
September 30, 2024, we extended the time limit for these final results
to December 3, 2024.\3\ For a complete description of the events that
occurred since the publication of the Preliminary Results, see the
Issues and Decision Memorandum.\4\
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\1\ See Organic Soybean Meal from India: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review;
2021-2022, 89 FR 46864 (May 30, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results,''
September 30, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Organic Soybean Meal from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order \5\
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\5\ See Organic Soybean Meal from India: Countervailing Duty
Order, 87 FR 29735 (May 16, 2022) (Order).
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The merchandise covered by this Order is organic soybean meal from
India. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties, we made
certain changes to Shri Sumati Industries Private Limited's
countervailable subsidy rate calculations from the Preliminary Results.
For a full description of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found to be countervailable, we
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' 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 facts available
with adverse inferences, pursuant to sections 776(a) and (b) of the
Act, see the Issues and 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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Final Results of Review
As a result of this review, Commerce determines the following net
countervailable subsidy rates exist for the period September 3, 2021,
through December 31, 2022:
[[Page 99224]]
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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........................ 8.82 5.15
Shanti Worldwide.............................................. 261.80 261.80
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with these final 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by this review. 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
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the companies
listed above for shipments of subject merchandise which entered, or
were withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as the final reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under 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 or 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 351.221(b)(5).
Dated: December 3, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether To Apply Adverse Facts Available (AFA) to the
Duty Drawback Scheme (DDB)
Comment 2: Whether To Apply AFA to the Interest Equalization
Scheme (IES)
Comment 3: Whether To Treat Transport and Marketing Assistance
for Specified Agricultural Products (TMA) as a Non-Recurring Grant
Program
VIII. Recommendation
[FR Doc. 2024-28991 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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