[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30854-30857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12957]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review; 2023-
2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Tejawat Organic Foods (Tejawat) made sales of subject
merchandise at less than normal value during the period of review
(POR), May 1, 2023, through April 30, 2024. Additionally, Commerce is
rescinding this administrative review with respect to 114 companies
under review. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Dan Alexander, 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) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On May 16, 2022, Commerce published the antidumping duty (AD) order
on organic soybean meal from
[[Page 30855]]
India.\1\ Between May 28 and May 31, 2024, Commerce received requests
for an administrative review from Perdue Agribusiness LLC (Perdue), a
domestic interested party, and the Organic Soybean Processors of
America and its individual members, American Natural Processors, LLC;
Professional Proteins, Ltd.; Simmons Grain Company; Sheppard Grain
Enterprises LLC; Super Soy, LLC; and Tri-State Crush LLC (collectively,
the petitioners).\2\ Based on these timely requests for review, and in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this
administrative review of the Order.\3\
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\1\ See Organic Soybean Meal from India: Antidumping Duty Order,
87 FR 29737 (May 16, 2022) (Order).
\2\ See Perdue's Letter, ``Organic Soybean Meal from India,''
dated May 28, 2024, see also Petitioners' Letter, ``Request for
Second Administrative Review,'' dated May 31, 2024.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ On December 9, 2024,
Commerce further tolled certain deadlines by an additional 90 days.\5\
On April 28, 2025, Commerce extended the deadline for these preliminary
results until no later than July 7, 2025.\6\ For a complete description
of the events that followed after the initiation of this review, see
the Preliminary Determination Memorandum.\7\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Organic Soybean Meal from India: Extension
of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated April 28, 2025.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, and Recission, in Part, of the Administrative Review of the
Antidumping Duty Order on Certain Organic Soybean Meal from India;
2023-2024,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is certified organic soybean meal.
For a full 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 a party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation in the Federal Register.
Interested parties timely withdrew requests for review for all
companies except for Tejawat Organic Foods (Tejawat) and Vinod Kumar
Ranjeet Singh Bafna (Vinod).\8\ Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this administrative review of the
Order with respect to all companies listed in Appendix II.
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\8\ See Petitioner's Letter, ``Complete Withdrawal of
Petitioner's Request for a 2nd Administrative Review,'' dated
October 3, 2024.
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Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it determines
that there were no suspended entries of subject merchandise during the
POR. Thus, normally, upon completion of an administrative review,
suspended entries of subject merchandise are liquidated at the AD
assessment rate calculated for the review period.\9\ Therefore, for an
administrative review to be conducted, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the calculated AD assessment rate for the review
period.\10\ Commerce may rescind an administrative review if it
concludes that, during the period covered by the review, there were no
entries, exports, or sales of subject merchandise, as the case may
be.\11\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referring to section
741(a) of the Act, the U.S. Court of International Trade (CIT) held
that: ``While the statute does not explicitly require that an entry
be suspended as a prerequisite for establishing entitlement to a
review, it does explicitly state the determined rate will be used as
the liquidated rate for the review entries. This result can only
obtain if the liquidation of entries has been suspended''); see also
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Administrative Review And Final
Determination of No Shipments; 2018-2019, 86 FR 36102 (July 8,
2021), and accompanying Issues and Decision Memorandum at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
\11\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 24758 (April 24, 2023); see also Certain Carbon and
Alloy Steel Cut-to Length Plate from the Federal Republic of
Germany: Recission of Antidumping Administrative Review; 2020-2021,
88 FR 4157 (January 24, 2023).
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The entry data that Commerce obtained from CBP showed no suspended
entries of subject merchandise from Vinod. On October 9, 2024, Commerce
notified interested parties of our intent to rescind this
administrative review with respect to Vinod.\12\ No interested party
commented on our intent to rescind this administrative review with
respect to Vinod. Therefore, in the absence of any suspended entries of
subject merchandise during the POR from Vinod, Commerce is rescinding
this administrative review with respect to Vinod, in accordance with 19
CFR 351.213(d)(3) and (4).
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\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated October 9, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Because
Commerce preliminarily finds that Tejawat failed to cooperate to the
best of its ability in responding to our requests for information,
Commerce relied on facts available, with adverse inferences (AFA), in
determining this company's dumping margin, consistent with section 776
of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included as Appendix
I of this notice.
Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margin exists for the period May 1, 2023, through April 30,
2024:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Tejawat Organic Foods...................................... * 18.80
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* Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied AFA to the individually
examined company, Tejawat, in accordance with section 776(a) and (b) of
the Act, there are no calculations to disclose.\13\
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\13\ See the Preliminary Decision Memorandum at the section,
``Application of Facts Available and Adverse Inferences,'' for a
discussion of the AFA rate assigned to Tejawat for these preliminary
results.
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[[Page 30856]]
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), Commerce has modified the deadline for interested
parties to submit case briefs to Commerce no later than 21 days after
the date of publication of this notice.\14\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\15\ 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.\16\
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\14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\15\ 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 Final Rule).
\16\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings Commerce has encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, Commerce instead requests
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\17\
Further, Commerce requests that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. Commerce intends to use the 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. Commerce requests that interested parties include footnotes for
relevant citations in the 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).\18\
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\17\ Commerce uses the term ``issue'' here to describe an
argument that Commerce would normally address in a comment of the
Issues and Decision Memorandum.
\18\ See APO and Service Final Rule.
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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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of individuals associated with the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of issues the party
intends to discuss at the hearing. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice in the Federal Register. If a request for a hearing is made,
Commerce will inform parties of the scheduled date for the hearing.\19\
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\19\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\20\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
in the Federal Register.
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\20\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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If Commerce continues to base Tejawat's weighted-average dumping
margin upon total facts available, with adverse inferences, in the
final results of this review, then Commerce will instruct CBP to assess
antidumping duties at a rate of 18.80 percent to all entries of subject
merchandise produced and/or exported by Tejawat.
However if Tejawat's final weighted-average dumping margin is not
based on total facts otherwise available, with adverse inferences,
Commerce intends to calculate importer/customer specific assessment
rates by dividing the total amount of dumping for reviewed sales to the
importer/customer by the total quantity of those sales.\21\ Commerce
will calculate an estimated ad valorem importer/customer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis; however, it will instruct CBP to apply the per-unit assessment
rate.\22\
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\21\ See 19 CFR 351.212(b)(1).
\22\ See Final Modification, 77 FR at 8103.
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For Vinod and the companies listed in Appendix II for which
Commerce is rescinding this review, Commerce will instruct CBP to
assess antidumping duties on all appropriate entries at a rate equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the POR
in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
rescission instructions to CBP no earlier than 35 days after the
publication of these preliminary results 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).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of organic soybean meal from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Tejawat will be
the rate established for Tejawat in the final results of this review
(except, if this rate is zero or de minimis, no cash deposit will be
required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 3.07 percent, the
all-others rate established in underlying the less-than-fair-value
investigation.\23\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\23\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of our analysis of issues raised by the parties in the written
comments, within 120 days after the publication of this notice in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review
[[Page 30857]]
period. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4) and 19 CFR 351.213(d)(4).
Dated: July 7, 2025.
Christopher Abbot,
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. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Application of Facts Available and Adverse Inferences
VI. Recommendation
Appendix II
Companies Rescinded From This Administrative Review for Which All
Review Requests Were Timely Withdrawn
1. Aashiyana Foodstuffs
2. Abhay Oil Industries
3. Agrawal Oil & Biocheam
4. Alfa Engineering & Enterprise
5. Al Quresh Exp.
6. Al Sameer Exp. Pvt., Ltd.
7. Apac Sourcing Solutions Ltd.
8. Artevet India LLP.
9. Asa Agrotech Pvt., Ltd.
10. Avt Natural Products Ltd.
11. Bawa Fishmeal and Oil Co.
12. Bergwerff Organic (India) Pvt., Ltd.
13. Bio Treasure Overseas
14. BNS Agro Industries Sarl on A C.
15. Chandrashekhar Exp. Pvt., Ltd.
16. Cloves Inc.
17. Delight Likelike Products Private Ltd.
18. Delight Sustainable Products LLP.
19. Eco Gold Nutri & Organics LLP.
20. Ecopure Organics Private Ltd.
21. Ecopure Specialties Ltd.
22. Euroasias Organics Private Ltd.
23. Fair Exp. (India) Pvt., Ltd.
24. Faze Three Ltd. Wec India.
25. Gharda Chemicals Ltd.
26. Grasim Industries Ltd.
27. Himatsingaka Seide Ltd.
28. Hnco Organics Pvt., Ltd.
29. Indauto Filters
30. Indo Gulf Co.
31. Januz Universal
32. Jay Agro Product
33. Jay Shree Agro Products
34. J. Lal Foods International
35. J Lal Foods Private Ltd. J
36. SM Foods
37. Kaj Traders
38. Kalash International
39. Kan Biosys Pvt., Ltd.
40. Kanishka Organics LLP.
41. Kemin Industries South Asia Pvt., Ltd.
42. Keshav Proteins and Organic LLP.
43. Khanal Foods Pvt., Ltd.
44. Kiesrriya Agro Exim Pvt., Ltd.
45. Krishna Corncob Industries
46. Krishna Overseas Inc.
47. K Uttamlal Exp. Pvt., Ltd.
48. LG Balakrishnan Bros.
49. Lupin Limited
50. Mani Loni
51. Medikonda Nutrients
52. Mehtra Pressing
53. Mj Herbal Extracts Pvt., Ltd.
54. Mohit International Pvt., Ltd.
55. Motto Ceramic Pvt., Ltd.
56. Mrl Tyres Ltd.
57. Natural Remedies Pvt., Ltd.
58. Nature Bio Foods Ltd.
59. Navjyot International
60. Nutrivin Agro Pvt., Ltd.
61. Ox Emp. Co.
62. Pachranga Foods.
63. Paprika Oleos (India) Ltd.
64. Patel Retail Private Ltd.
65. Prasad Cotton Industries Pvt., Ltd.
66. Quality Spices and Food Exp. Pvt., Ltd.
67. Radha Krishna Oil Product
68. Rainbow Exim Trade LLP.
69. Raj Foods International
70. Raj Natural Food Pvt., Ltd.
71. Rajat Agro Commodities Pvt., Ltd.
72. Ramdev Food Products Pvt., Ltd.
73. Rayban Organics Pvt., Ltd.
74. Reach 2 Farm LLP.
75. Reindeer Organics LLP.
76. R.M Trading Co.
77. R.S. Lal International
78. Rudra Enterprises
79. Rupen Marketing Pvt., Ltd.
80. Sai Smaran Foods Ltd.
81. Salvi Chemical Industries Ltd.
82. Samruddhi Organic Farm (India) Pvt., Ltd.
83. Sar Transport Systems Pvt., Ltd.
84. Satguru Agro Resources Private Ltd.
85. Satguru Organics Pvt., Ltd.
86. Satyendra Fibc Pvt., Ltd.
87. Seasons International Pvt., Ltd.
88. Sethi International Overseas (India) Limited
89. Shanti Worldwide
90. Shemach Impex
91. Shivam Enterprises
92. Shree Imp. & Exp.
93. Shree Swaminarayan Siddhant Uttejak.
94. Shree Uday Oil and Foods Industries
95. Shreeram Fibres India Pvt., Ltd.
96. Shri Narayani Mfg. Co.
97. Shri Sumati Industries Pvt., Ltd.
98. Soliflex Packaging Pvt., Ltd.
99. Sona Sunehri Exp.
100. S S India Foods Private Ltd.
101. Suminter India Organics Pvt., Ltd.
102. Suprajit Engineering Ltd.
103. Terra Bio Naturals Private Ltd.
104. Thakar Exp.
105. Tulsi Foods.
106. Unique Fragrances
107. Unique Organics Ltd.
108. Vimala Food Products
109. Vippy Industries
110. VS Trans Lojistik LLP.
111. Vvf (India) Ltd.
112. We Organic Nature Pvt. Ltd.
113. Welspun Global Brands Ltd.
[FR Doc. 2025-12957 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P