[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60443-60446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23883]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-901]


Organic Soybean Meal From India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that organic soybean meal from India is being, or is likely to be, sold 
in the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2020, through December 31, 2020. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable November 2, 2021.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(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 August 18, 2021, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 27, 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 included 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Organic Soybean Meal from India: Initiation of Less-
Than-Fair-Value Investigation, 86 FR 22146 (April 27, 2021) 
(Initiation Notice).
    \2\ See Organic Soybean Meal from India: Postponement of 
Preliminary Determinations in the Less-Than-Fair-Value 
Investigation, 86 FR 46181 (August 18, 2021).
    \3\ See Memorandum, ``Organic Soybean Meal from India: Decision 
Memorandum for the Preliminary Affirmative Determination of Sales at 
Less Than Fair Value,'' 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. Commerce is preliminarily modifying the scope 
language as it appeared in the Initiation

[[Page 60444]]

Notice.\6\See the revised scope in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Preliminary Decision Memorandum at Scope Comments.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. In addition, 
Commerce has relied on facts available with an adverse inference (AFA) 
under sections 776(a) and (b) of the Act for Shanti Worldwide, Shri 
Sumati Oil Industries Pvt. Ltd., Navjyot International Pvt. Ltd., Ish 
Agritech Pvt. Ltd., Satguru Organics Pvt. Ltd., Radiance Overseas, 
Swastik Enterprises, Soni Soya Products Limited, Raj Foods 
International, Vantage Organic Foods Pvt. Ltd., Shree Bhagwati Oil 
Mill, and Pragati Organics (collectively non-responsive companies). For 
a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall normally be an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to the non-responsive companies. Therefore, 
the only 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.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                           Estimated
                                           weighted       Cash deposit
                                            average      rate (adjusted
           Exporter/producer                dumping        for subsidy
                                            margin          offset(s)
                                           (percent)        (percent)
------------------------------------------------------------------------
Bergwerff Organic Private Limited/                3.11              0.00
 Suminter India Organic Private
 Limited..............................
Shanti Worldwide......................         * 18.85             11.83
Shri Sumati Oil Industries Pvt. Ltd...         * 18.85             11.83
Navjyot International Pvt. Ltd........         * 18.85             11.83
Ish Agritech Pvt. Ltd.................         * 18.85             11.83
Satguru Organics Pvt. Ltd.............         * 18.85             11.83
Radiance Overseas.....................         * 18.85             11.83
Swastik Enterprises...................         * 18.85             11.83
Soni Soya Products Limited............         * 18.85             11.83
Raj Foods International...............         * 18.85             11.83
Vantage Organic Foods Pvt. Ltd........         * 18.85             11.83
Shree Bhagwati Oil Mill...............         * 18.85             11.83
Pragati Organics......................         * 18.85             11.83
All Others............................            3.11              0.00
------------------------------------------------------------------------
* (AFA).

Suspension of Liquidation

    In accordance with section 733(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 Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate(s).\7\ Any such adjusted cash deposit rate may 
be found in the ``Preliminary Determination'' section above.\8\ Should 
provisional measures in the companion CVD investigation expire prior to 
the expiration of provisional measures in this LTFV investigation, 
Commerce will direct CBP to begin collecting estimated antidumping duty 
cash deposits unadjusted for countervailed export subsidies at the time 
that the provisional CVD measures expire. These suspension of 
liquidation instructions will remain in effect until further notice.
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    \7\ See, e.g., Polyester Textured Yarn from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 84 FR 31301 (July 1, 2019), unchanged in Polyester 
Textured Yarn from India: Final Determination of Sales at Less Than 
Fair Value, 84 FR 63843 (November 19, 2019).
    \8\ See Preliminary Decision Memorandum for further discussion.

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[[Page 60445]]

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any 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).

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. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance A timeline for the 
submission of case briefs and written comments will be notified to 
interested parties 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.\9\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\10\ 
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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    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On October 11, 2021, pursuant to 19 CFR 351.210(e), Bergwerff 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \11\ See Bergwerff's Letter, ``Organic Soybean Meal from India: 
Request for Postponement of the Final Determination,'' dated October 
11, 2021.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: October 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

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 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, 2309.90.1020, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation

[[Page 60446]]

VI. Postponement of Final Determination
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Adjustment to Cash Deposit Rates for Export Subsidies in 
Companion CVD Investigation
XVI. Recommendation

[FR Doc. 2021-23883 Filed 11-1-21; 8:45 am]
BILLING CODE 3510-DS-P