[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22146-22150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08710]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Initiation of Less-Than-Fair-
Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2021.
FOR FURTHER INFORMATION CONTACT: Andrew Huston; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: at (202) 482-4261.
SUPPLEMENTARY INFORMATION:
The Petition
On March 31, 2021, the Department of Commerce (Commerce) received
an antidumping duty (AD) petition concerning imports of organic soybean
meal from India, filed in proper form on behalf of the Organic Soybean
Processors of America and eight domestic processors of organic soybean
meal.\1\ On April 6, 2021, the petitioners filed an amendment to Volume
I of the Petition and ``a change of petitioner'' status on behalf of
the Organic Soybean Processors of America, stating that the petitioners
now consisted of the Organic Soybean Processors of America and seven
domestic processors (collectively, the petitioners).\2\ The Petition
was accompanied by a countervailing duty (CVD) petition concerning
imports of organic soybean meal from India.\3\
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\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties Pursuant to Sections 701 and
731 of the Tariff Act of 1930, as amended, on Organic Soybean Meal
from India,'' dated March 31, 2021 (the Petition).
\2\ See Petitioners' Letter, ``Organic Soybean Meal from India:
The Petitioners' Amendment to Volume I Relating to General Issues
and Change of Petitioner Status,'' dated April 6, 2021 (General
Issues Amendment).
\3\ Id.
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On April 5, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\4\ The petitioners filed
responses to these requests on April 7, 2021.\5\
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\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Organic Soybean
Meal from India: Supplemental Questions,'' dated April 5, 2021
(General Issues Supplemental); and ``Petition for the Imposition of
Antidumping Duties on Imports of Organic Soybean Meal from India:
Supplemental Questions,'' dated April 5, 2021.
\5\ See Petitioners' Letters, ``Organic Soybean Meal from India:
Petitioners' Response to Supplemental General Questions,'' dated
April 7, 2021 (General Issues Supplement); and ``Organic Soybean
Meal from India: Petitioners' Response to Supplemental AD
Questions,'' dated April 7, 2021.
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[[Page 22147]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of organic
soybean meal from India are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the organic
soybean meal industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition is accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (E)-(G) of the Act.\6\ Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigation.\7\
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\6\ See Petition at Volume I at 4.
\7\ See infra, section on ``Determination of Industry Support
for the Petition.''
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Period of Investigation
Because the Petition was filed on March 31, 2021, the period of
investigation (POI) for the India AD investigation is January 1, 2020,
through December 31, 2020, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is organic soybean meal
from India. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On April 5 and 9, 2021, Commerce requested further information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On April 7, 2021, the petitioners revised the scope.\9\ The
description of the merchandise covered by this investigation, as
described in the appendix to this notice, reflects these
clarifications.
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\8\ See General Issues Supplemental at 1-2; see also Memorandum,
``Phone Call with Petitioners Counsel,'' dated April 9, 2021.
\9\ See General Issues Supplement at 2-5.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\10\ Commerce will consider
all comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\11\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on May 10, 2021, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, must be filed by 5:00 p.m. ET on May
20, 2021, which is ten calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
this period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of organic soybean meal to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe organic soybean meal, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 10, 2021,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. ET on May 20, 2021. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that
[[Page 22148]]
portion of the industry expressing support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D) of the Act provides that, if
the petition does not establish support of domestic producers or
workers accounting for more than 50 percent of the total production of
the domestic like product, Commerce shall: (i) Poll the industry or
rely on other information in order to determine if there is support for
the petition, as required by subparagraph (A); or (ii) determine
industry support using a statistically valid sampling method to poll
the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639,
644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that organic soybean meal,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Petition at Volume I at 21-27 and Exhibits I-3 through
I-5, I-7, I-10, I-14 through I-20, I-25 through I-27 and I-29.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Organic Soybean Meal from India,'' dated concurrently with this
notice and on file electronically via ACCESS (AD Initiation
Checklist) at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Organic
Soybean Meal from India (Attachment II).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2020.\18\ To
estimate total production of the domestic like product for entire U.S.
industry, the petitioners relied on production data from a report
prepared by Agromeris, LLC (Agromeris), a consulting firm that focuses
on the food and agricultural industry.\19\ We relied on data provided
by the petitioners for purposes of measuring industry support.\20\
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\18\ See Petition at Volume I at 7-8 and Exhibits I-4 through I-
6; see also General Issues Amendment at 5 and Exhibit I-6-S.
\19\ See Petition at Volume I at 7-8 and Exhibits I-3 through I-
5; see also General Issues Amendment at 5.
\20\ See Petition at Volume I at 6-9 and Exhibits I-2 through I-
6; see also General Issues Amendment at 4-6 and Exhibit I-6-S. For
further discussion, see AD Initiation Checklist at Attachment II.
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Our review of the data provided in the Petition, the General Issues
Amendment, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petition. First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product, and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\24\
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\21\ See AD Initiation Checklist at Attachment II; see also
section 732(c)(4)(D) of the Act.
\22\ See AD Initiation Checklist at Attachment II.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ See Petition at Volume I at 30 and Exhibit I-30; see also
General Issues Supplement at 6.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and
suppression; lost sales and revenues; reduced levels of capacity
utilization; declining sales and profitability; and mill curtailments
and closures.\26\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\27\
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\26\ See Petition at Volume I at 2-3, 21, 27-42 and Exhibits I-3
through I-5, I-22 and I-28 through I-33; see also General Issues
Amendment at 6; and General Issues Supplement at 6 and Exhibit I-22-
S.
\27\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Organic
Soybean Meal from India (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of organic soybean meal from India. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the AD Initiation Checklist.
[[Page 22149]]
U.S. Price
The petitioners based export price (EP) on pricing information for
organic soymeal produced in India and sold to a U.S. customer during
the POI and made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price.\28\
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\28\ See AD Initiation Checklist.
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Normal Value
The petitioners provided information indicating that the prices for
organic soybean meal sold or offered for sale in India were below the
cost of production (COP). Consequently, the petitioners based NV on
constructed value (CV).\29\ For further discussion of CV, see ``Normal
Value Based on Constructed Value'' section below.\30\
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\29\ See AD Initiation Checklist.
\30\ In accordance with section 773(b)(2) of the Act, Commerce
will request information necessary to calculate the CV and cost of
COP to determine whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product.
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Normal Value Based on Constructed Value
As noted above, the petitioners provided information indicating
that the prices for organic soybean meal sold or offered for sale in
India were below COP; therefore, the petitioners based NV on CV.
Pursuant to section 773(e) of the Act, the petitioners calculated CV as
the sum of the cost of manufacturing, general and administrative
expenses, financial expenses, and profit.\31\
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\31\ See AD Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of organic soybean meal from India are being, or
are likely to be, sold in the United States at LTFV. Based on a
comparison of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for organic soybean meal from India
is 158.89 percent.\32\
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\32\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an AD investigation to determine
whether imports of organic soybean meal from India are being, or are
likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named 19 companies in India as
producers/exporters of organic soymeal.\33\ In the event Commerce
determines that the number of exporters or producers in any individual
case is large such that Commerce cannot individually examine each
company based upon its resources, where appropriate, Commerce typically
selects mandatory respondents in that case based on U.S. Customs and
Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) numbers listed
in the ``Scope of the Investigation,'' in the appendix. There are two
HTSUS subheadings identified in the scope of this investigation,
1208.10.0010 and 2304.00.0000; subheading 2304.00.0000 covers imports
of both organic and non-organic soybean meal.\34\ Therefore, we cannot
rely on CBP entry data in selecting respondents. We intend to issue
quantity and value (Q&V) questionnaires to each potential respondent
for which the petitioners have provided a complete address.
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\33\ See Petition at Volume I at I-24.
\34\ While HTSUS subheading 1208.10.0010 is specific to organic
soybean meal, HTSUS subheading 2304.00.0000 (which includes soybean
meal in the form of cake, chips, or flakes), is not. The Petition
alleges significant quantities of organic soybean meal enter under
both subheadings: ``The petitioners recognize that the HTSUS
provides for the organic-certified product in HTSUS subheading
1208.10.0010. However, a review of the relevant USDA FAS's Global
Agricultural Trade System (GATS) data demonstrates that imports of
OSBM enter U.S. ports of entry utilizing HTSUS heading 2304, which
is typically used for conventional soybean meal.'' See Petition at
Volume I at 19.
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Producers/exporters of organic soybean meal from India that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at https://www.trade.gov/ec-adcvd-case-announcements. Responses
to the Q&V questionnaire must be submitted by the relevant Indian
producers/exporters no later than 5:00 p.m. ET on May 5, 2021. All Q&V
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce
intends to finalize its decisions regarding respondent selection within
20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of India via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that subject imports are materially injuring or threatening
material injury to a U.S. industry.\35\ A negative ITC determination
will result in the investigation being terminated.\36\ Otherwise, this
AD investigation will proceed according to statutory and regulatory
time limits.
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\35\ See section 733(a) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV,
[[Page 22150]]
stating that ``if a particular market situation exists such that the
cost of materials and fabrication or other processing of any kind does
not accurately reflect the cost of production in the ordinary course of
trade, the administering authority may use another calculation
methodology under this subtitle or any other calculation methodology.''
When an interested party submits a PMS allegation pursuant to section
773(e) of the Act, Commerce will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS
exists under section 773(e) of the Act, then it will modify its dumping
calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning
extensions prior to submitting extension requests or factual
information in this investigation.\39\
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\39\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise subject to the investigation is certified
organic soybean meal. Certified organic soybean meal results from
the mechanical pressing of certified organic soybeans into ground
products known as soybean cake, soybean chips, or soybean flakes,
with or without oil residues. Soybean cake is the product after the
extraction of part of the oil from soybeans. Soybean chips and
soybean flakes are produced by cracking, heating, and flaking
soybeans and reducing the oil content of the conditioned product.
``Certified organic soybean meal'' is certified by the U.S.
Department of Agriculture (USDA) National Organic Program (NOP) or
equivalently certified to NOP standards or NOP-equivalent standards
under an existing organic equivalency or recognition agreement.
Certified organic soybean meal subject to this investigation has
a protein content of 34 percent or higher.
Organic soybean meal that is otherwise subject to this
investigation is included when incorporated in admixtures, including
but not limited to prepared animal feeds. Only the organic soybean
meal component of such admixture is covered by the scope of this
investigation.
The products covered by this investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 1208.10.0010 and 2304.00.0000.
Certified organic soybean meal may also enter under HTSUS
2309.90.1005, 2309.90.1015, 2309.90.1010, 2309.90.1030,
2309.90.1032, 2309.90.1035, 2309.90.1045, 2309.90.1050, and
2308.00.9890.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
[FR Doc. 2021-08710 Filed 4-26-21; 8:45 am]
BILLING CODE 3510-DS-P