[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16458-16460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-901]


Organic Soybean Meal From India: Final Affirmative Determination 
of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) 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).

DATES: Applicable March 23, 2022.

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

    On November 2, 2021, Commerce published the Preliminary 
Determination in this investigation.\1\ A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\2\
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    \1\ See Organic Soybean Meal from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
60443 (November 2, 2021) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Determination in the Less-Than-Fair-Value Investigation of Organic 
Soybean Meal from India,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2020, through December 
31, 2020.

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

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached to this notice as Appendix II. The Issues and Decision 
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \3\ See Commerce's Letter, ``Organic Soybean Meal from India 
Antidumping Duty Investigation: Questionnaire in Lieu of 
Verification,'' dated January 7, 2022; see also Bergwerff's Letter, 
``Organic Soybean Meal from India: In Lieu of Onsite Verification 
Questionnaire Response,'' dated January 19, 2022.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and additional 
information obtained since our preliminary findings, we made certain 
changes to the margin calculations for Bergwerff Organic India Private 
Limited (Bergwerff), the sole cooperative respondent in this 
investigation, after the Preliminary Determination. For a discussion of 
these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. Commerce

[[Page 16459]]

calculated an individual estimated weighted average dumping margin for 
Bergwerff, the only individually examined exporter/producer in this 
investigation. Because the only individually calculated dumping margin 
is not zero, de minimis, or based entirely on facts otherwise 
available, the estimated weighted-average dumping margin calculated for 
Bergwerff is the margin assigned to all other producers and exporters, 
pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                      Cash deposit rate
                               Estimated weighted       (adjusted for
      Exporter/producer          average dumping     subsidy offset(s))
                                margin (percent)          (percent)
------------------------------------------------------------------------
Bergwerff Organic Private                     3.07                  0.00
 Limited/Suminter India
 Organic Private Limited....
Shanti Worldwide............               * 18.80                  9.26
Shri Sumati Oil Industries                 * 18.80                  9.26
 Pvt. Ltd...................
Navjyot International Pvt.                 * 18.80                  9.26
 Ltd........................
Ish Agritech Pvt. Ltd.......               * 18.80                  9.26
Satguru Organics Pvt. Ltd...               * 18.80                  9.26
Radiance Overseas...........               * 18.80                  9.26
Swastik Enterprises.........               * 18.80                  9.26
Soni Soya Products Limited..               * 18.80                  9.26
Raj Foods International.....               * 18.80                  9.26
Vantage Organic Foods Pvt.                 * 18.80                  9.26
 Ltd........................
Shree Bhagwati Oil Mill.....               * 18.80                  9.26
Pragati Organics............               * 18.80                  9.26
All Others..................                  3.07                  0.00
------------------------------------------------------------------------
* (Facts available with an adverse inference).

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of organic soybean 
meal, as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after November 2, 2022, 
the date of publication of the Preliminary Determination in this 
investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct 
CBP to require a cash deposit equal to the estimated amount by which 
the normal value exceeds the U.S. price as follows: (1) The cash 
deposit rate for the respondent listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final 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 respondent-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. These suspension of liquidation instructions will 
remain in effect until further notice.
    In the event that a countervailing duty (CVD) order is issued, and 
suspension of liquidation is resumed in the companion CVD investigation 
of soybean meal from India, Commerce will instruct CBP to require, for 
this antidumping duty investigation, cash deposits adjusted by the 
amount of export subsidies, as appropriate. These adjustments are 
reflected in the final column of the rate chart, above. Until such 
suspension of liquidation is resumed in the companion CVD 
investigation, and so long as suspension of liquidation continues under 
this antidumping duty investigation, the cash deposit rates for this 
antidumping duty investigation will be the rates identified in the 
estimated weighted-average dumping margin column in the rate chart, 
above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated, and 
all cash deposits will be refunded. If the ITC determines that material 
injury or threat of material injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).


[[Page 16460]]


    Dated: March 17, 2022.
Lisa W. Wang,
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences: Non-
Cooperative and Non-Responsive Companies
V. Changes Since the Preliminary Determination
VI. Analysis of Comments
    Comment 1: Certain Direct Selling Expenses
    Comment 2: Bergwerff's Affiliation with a Certain Supplier
    Comment 3: Bergwerff's Affiliation with Supplying Farmers
    Comment 4: Bergwerff Allegedly Used Non-Organic Soybeans
    Comment 5: Whether AFA is Warranted for Bergwerff
    Comment 6: AFA for Non-Cooperative Selected Mandatory 
Respondents and Affiliates
    Comment 7: AFA Rate
    Comment 8: AFA Rate Subsidy Offset
VII. Recommendation

[FR Doc. 2022-06154 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P