[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49514-49516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19139]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-902]


Organic Soybean Meal from India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of organic soybean meal from India. The period of 
investigation is January 1, 2020, through December 31, 2020. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable September 3, 2021.

FOR FURTHER INFORMATION CONTACT: Lauren Caserta, 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) 482-4737.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 27, 
2021.\1\ On June 3, 2021, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
August 30, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
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    \1\ See Organic Soybean Meal from India: Initiation of 
Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021) 
(Initiation Notice).
    \2\ See Organic Soybean Meal from India: Postponement of 
Preliminary Determination in the Countervailing Duty Investigation, 
86 FR 29742 (June 3, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Organic Soybean Meal from India,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is organic soybean meal 
from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ No interested 
party commented on the scope of the investigation as it appeared in the 
Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines 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\
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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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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
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    \7\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the

[[Page 49515]]

final countervailing duty (CVD) determination in this investigation 
with the final determination in the companion antidumping duty (AD) 
investigation of organic soybean meal from India based on a request 
made by the petitioners.\8\ Consequently, the final CVD determination 
will be issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than January 10, 2022, unless 
postponed.
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    \8\ See Petitioners' Letter, ``Organic Soybean Meal from India: 
Petitioners' Request to Align the Countervailing Duty Final 
Determination with Antidumping Duty Final Determination,'' dated 
August 23, 2021.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. Pursuant to 
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an 
amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, the only individually calculated rate that 
is not zero, de minimis or based entirely on facts otherwise available 
is the rate calculated for Bergwerff Organic India Private Limited 
(Bergwerff). Consequently, the rate calculated for Bergwerff is also 
assigned as the rate for all other producers and exporters not 
individually examined in this investigation.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Bergwerff Organic India Private Limited \9\.................        7.05
Shanti Worldwide............................................      266.37
Shri Sumati Oil Industries Pvt. Ltd.........................      266.37
Navjyot International Pvt. Ltd..............................      266.37
Ish Agritech Pvt. Ltd \10\..................................      266.37
Satguru Organics Pvt. Ltd \11\..............................      266.37
Radiance Overseas \12\......................................      266.37
Swastik Enterprises \13\....................................      266.37
                                                                 percent
Soni Soya Products Limited \14\.............................      266.37
Raj Foods International \15\................................      266.37
Vantage Organic Foods Pvt. Ltd \16\.........................      266.37
Shree Bhagwati Oil Mill \17\................................      266.37
Pragati Organics \18\.......................................      266.37
All Others..................................................        7.05
------------------------------------------------------------------------

Suspension of Liquidation
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    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Bergwerff: Suminter India Organics Private Limited.
    \10\ See Preliminary Decision Memorandum at section VII, ``Use 
of Facts Otherwise Available and Adverse Inferences.''
    \11\ Id.
    \12\ Id.
    \13\ Id.
    \14\ Id.
    \15\ Id.
    \16\ Id.
    \17\ Id.
    \18\ Id.
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    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. While we consider the possibility of conducting an 
on-site verification for some of the information submitted by the 
respondents, we may also need to verify the information relied upon in 
making the final determination through alternative means in lieu of an 
on-site verification. Commerce intends to notify parties of its 
verification procedures.

Public Comment

    Interested parties will be notified of the timeline for the 
submission of case briefs and written comments at a later date. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\19\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\20\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
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    \19\ See 19 CFR 351.309; see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (Temporary Rule); and 19 CFR 351.303 (for general filing 
requirements).
    \20\ See Temporary Rule, 85 FR 17006; see also 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).


[[Page 49516]]


    Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

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 organicsoybean 
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, 2309.90.1020, 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. Recommendation

[FR Doc. 2021-19139 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P