[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64956-64958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25234]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-667 and 731-TA-1559 (Final)]


Organic Soybean Meal From India; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-667 and 731-TA-1559 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of organic soybean meal from India, 
provided for in subheadings 1208.10.00 and 2304.00.00 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized and sold at 
less-than-fair-value.

DATES: November 2, 2021.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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.''

[[Page 64957]]

    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in India of organic soybean meal, and that such products are 
being sold in the United States at less than fair value within the 
meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on March 31, 2021, by the Organic 
Soybean Processors of America, Washington, DC, American Natural 
Processors, LLC, Dakota Dunes, South Dakota, Lester Feed & Grain Co., 
Lester, Iowa, Organic Production Services, LLC, Weldon, North Carolina, 
Professional Proteins Ltd., Washington, Iowa, Sheppard Grain 
Enterprises, LLC, Phelps, New York, Simmons Grain Co., Salem, Ohio, 
Super Soy, LLC, Brodhead, Wisconsin, and Tri-State Crush, Syracuse, 
Indiana.\1\
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    \1\ On April 6, 2021, Lester Feed & Grain Co. voluntarily 
withdrew its status as a petitioner.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 2, 
2022, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, March 16, 2022. Information about the place and form of the 
hearing, including about how to participate in and/or view the hearing, 
will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before Tuesday, March 8, 2022. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Monday, March 14, 2022. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is March 9, 2022. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
23, 2022. In addition, any person who has not entered an appearance as 
a party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations, including 
statements of support or opposition to the petition, on or before March 
23, 2022. On April 11, 2022, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before April 13, 2022, but such final comments must not contain new 
factual information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.


[[Page 64958]]


    Issued: November 15, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25234 Filed 11-18-21; 8:45 am]
BILLING CODE 7020-02-P