Notice2026-03894
Organic Soybean Meal From India: Final Results of Countervailing Duty Administrative Review; 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
February 26, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain exporters/producers of organic soybean meal from India received countervailable subsidies during the period of review (POR) January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Notices]
[Pages 9551-9552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03894]
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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; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain exporters/producers of organic soybean meal from India received
countervailable subsidies during the period of review (POR) January 1,
2023, through December 31, 2023.
DATES: Applicable February 26, 2026.
FOR FURTHER INFORMATION CONTACT: Isaiah Kahn, 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) 482-8328.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2025, Commerce published in the Federal Register the
Preliminary Results of this administrative review and invited
interested parties to comment.\1\ On September 18, 2025, we extended
the time limits for these final results to November 17, 2025.\2\ Due to
the lapse in appropriations and Federal Government shutdown, on
November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ On January 14, 2026, Commerce extended the time
limits for these final results to February 17, 2026.\5\ On February 10,
2026 Commerce again extended the time period for issuing the final
results of this review by 7 days.\6\ Accordingly, the deadline for
these final results is now February 23, 2026.
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\1\ See Organic Soybean Meal from India: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review;
2023, 90 FR 25994 (June 18, 2025) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
September 18, 2025.
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ See Memorandum, ``Extension of Deadline for Final Results,''
dated January 14, 2026.
\6\ See Memorandum, ``Extension of Deadline for Final Results,''
dated February 10, 2026.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\7\ The
Issues and Decision Memorandum is a public document and is on file
electronically via 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>.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Organic Soybean Meal from India; 2023,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \8\
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\8\ See Organic Soybean Meal from India: Countervailing Duty
Order, 87 FR 29735 (May 16, 2022) (Order).
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The product covered by this Order is organic soybean meal from
India. For a full 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.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum are listed in the
appendix to this notice.
Methodology
Commerce conducted 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 find
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.\9\ In these final results, Commerce relied, in
part, on facts otherwise available, with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a complete
description of the methodology underlying all of Commerce's
conclusions, see the Issues and Decision Memorandum.
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\9\ 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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Changes Since the Preliminary Results
Based on our analysis of comments from interested parties, we made
no changes to the net countervailable subsidy rate of Tejawat Organic
Foods (Tejawat). However, for these final results, we have revised the
total AFA rate applied to Ecopure Specialities Limited's (Ecopure). For
a complete description of the methodology underlying all of Commerce's
conclusions, see the Issues and Decision Memorandum and Ecopure's AFA
Memorandum.\10\
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\10\ For a full description of these revisions, see the Issues
and Decision Memorandum; see also Memorandum, ``Ecopure AFA
Memorandum,'' dated February 23, 2026 (Ecopure's AFA Memorandum).
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Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual
[[Page 9552]]
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce,
as a general rule, to calculate the all-others rate equal to the
weighted average of the countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
or de minimis countervailable subsidy rates, and any rates determined
entirely on the basis of facts available.
There is one company, Vinod Kumar Ranjeet Singh Bafna. (Vinod), for
which a review was requested, which had reviewable entries, and which
was not selected as mandatory respondent or found to be cross-owned
with a mandatory respondent. In this review, Commerce assigned a rate
based entirely on facts available to Ecopure. Therefore, the only rate
that is not zero, de minimis, or based entirely on facts otherwise
available is the rate calculated for Tejawat. Thus, for these final
results, we continue to assign the rate calculated for Tejawat as the
rate for Vinod, the only company under review that was not selected for
individual examination.
Final Results
We find the following net countervailable subsidy rates exist for
the period January 1, 2023, through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Ecopure Specialities Limited............................ 75.48
Tejawat Organic Foods................................... 3.66
Vinod Kumar Ranjeet Singh Bafna......................... 3.66
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with the 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
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, 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
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 entered, or 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
This notice also serves as the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 23, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Selected Company Under Review
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Ecopure
Comment 2: Whether Commerce Should Apply Partial AFA to Tejawat
X. Recommendation
[FR Doc. 2026-03894 Filed 2-25-26; 8:45 am]
BILLING CODE 3510-DS-P
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