[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46864-46866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11909]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-902]


Organic Soybean Meal From India: Preliminary Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to certain 
producers/exporters of organic soybean meal from India. The period of 
review (POR) is September 3, 2021, through December 31, 2022. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Peter Shaw or Tylar Lewis, AD/CVD 
Operations, Office OVII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0697 or (202) 
482-6009, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2023, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the Order with 
respect to 38 companies.\1\ On August 11, 2023, Commerce selected 
Delight Lifelike Products Private Ltd. and Vinod Kumar Ranjeet Singh 
Bafna.\2\ Subsequently, on October 24, 2023, we selected Shri Sumati 
Industries Private Limited (Shri Sumati) and Shanti Worldwide (Shanti), 
the only two companies for which an administrative review was requested 
and not withdrawn, as the mandatory respondents.\3\ Pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for the preliminary results until May 23, 
2024.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also 
Organic Soybean Meal from India: Countervailing Duty Order, 87 FR 
29735 (May 16, 2022) (Order).
    \2\ See Memorandum, ``Respondent Selection,'' dated August 11, 
2023.
    \3\ See Memorandum, ``Respondent Selection,'' dated October 24, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated January 9, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included in Appendix I. 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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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Organic Soybean Meal from India; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by this Order is organic soybean meal from 
India. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. A list of the 35 companies 
Commerce received timely-filed withdrawal requests from is provided 
below in Appendix II. Because the withdrawal requests were timely filed 
and no other parties requested a review of these companies, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to these 35 companies.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Act. For each of the subsidy programs 
found to be countervailable, we preliminarily determine that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\ For a full description of the methodology underlying our 
conclusions, including our reliance on adverse facts available pursuant 
to sections 776(a) and (b) of the Act, see the Preliminary Decision 
Memorandum.
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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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Preliminary Results of Review

    As a result of this review, we preliminarily determine that for 
2021 and 2022, the following estimated countervailable subsidy rates 
exist:

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                                                                   Subsidy rate 2021        Subsidy rate 2022
                            Company                               (percent ad valorem)     (percent ad valorem)
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Shri Sumati Industries Private Limited........................                     7.99                     4.08
Shanti Worldwide..............................................                   261.80                   261.80
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in connection with the preliminary results to interested 
parties within five days of its 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).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the publication of these 
preliminary results of review in the Federal

[[Page 46865]]

Register. Rebuttal briefs, limited to issues raised in case briefs, may 
be submitted no later than five days after the deadline for filing case 
briefs.\7\ Interested parties who submit case briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\8\ All briefs must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.
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    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\9\ Further, we 
request that interested parties limit their public executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date for the hearing.\11\
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    \11\ See 19 CFR 351.310(d).
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Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct U.S. Customs and Border 
Protection (CBP) to collect cash deposits of estimated countervailing 
duties in the amounts shown for the year 2022 for Shri Sumati and 
Shanti, except where the rate calculated in the final results is zero 
or de minimis, no cash deposit will be required on shipments of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, CBP will continue to collect 
cash deposits of estimated countervailing duties at the all-others rate 
or the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and 
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce 
shall determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period September 
3, 2021, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(1)(i).

Final Results

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by parties in their comments, within 120 
days after the date of publication of these preliminary results in the 
Federal Register.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: May 23, 2024.
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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative Review
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Subsidies Valuation
VIII. Discount Rates
IX. Analysis of Programs
X. Recommendation

Appendix II

List of Companies for Which Commerce Is Rescinding Its Review

1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.; Suminter India Organics Pvt., 
Ltd.
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products Llp
7. Eco Gold Nutri & Organics Llp
8. Eco Gold Nutri And Organics Llp
9. Ecopure Specialties Limited
10. Jay Shree Agro Products
11. Kaj Traders
12. Kanishka Organics Llp
13. Keshav Proteins and Organic LLP
14. Kiesriya Agro Exim Pvt., Ltd.
15. Mani Loni
16. Navjyot International
17. Prasad Cotton Industries Pvt., Ltd.
18. Radha Krishna Oil Product
19. Raj Foods International
20. Raj Natural Food Pvt., Ltd.
21. Rajat Agro Commodities Pvt., Ltd.
22. Reindeer Organics Llp
23. Sai Smaran Foods Ltd.
24. Satguru Agro Resources Private Ltd.
25. Satguru Organics Pvt., Ltd.
26. Seasons International Pvt., Ltd.
27. Shanti Overseas
28. Shemach Impex
29. Shivam Enterprises
30. Shri Narayani Mfg. Co.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna

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35. We Organic Nature Pvt. Ltd.

[FR Doc. 2024-11909 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P