Organic Soybean Meal From India: Initiation of Less-Than-Fair-Value Investigation, 22146-22150 [2021-08710]
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22146
Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Notices
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigations, Commerce published the
Preliminary Determinations on August
14, 2020. Therefore, the four-month
period beginning on the date of the
publication of the Preliminary
Determinations ended on December 11,
2020.
In accordance with section 703(d) of
the Act, we instructed CBP to terminate
the suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of aluminum sheet from Bahrain,
India, and Turkey entered, or
withdrawn from warehouse, for
consumption after December 11, 2020,
the final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.9
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to aluminum sheet from Bahrain, India,
and Turkey pursuant to section 706(a) of
the Act. Interested parties can find a list
of countervailing duty orders currently
in effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: April 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
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Scope of the Orders
The merchandise covered by these orders
is common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of these orders includes both not clad
aluminum sheet, as well as multi-alloy, clad
9 As explained above, in the investigation of
aluminum sheet from Turkey, Commerce’s
preliminary determination was negative with
respect to Teknik, but Commerce’s final
determination with respect to Teknik was
affirmative. Accordingly, we directed CBP to
suspend liquidation for Teknik’s entries from the
date of publication of the Turkey Final
Determination and, at the time of publication of this
order, we have not issued instructions pertaining to
the expiration of provisional measures for Teknik.
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aluminum sheet. With respect to not clad
aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete 1XXX, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
these orders if performed in the country of
manufacture of the common alloy sheet.
Excluded from the scope of these orders is
aluminum can stock, which is suitable for
use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used
to open such cans. Aluminum can stock is
produced to gauges that range from 0.200 mm
to 0.292 mm, and has an H–19, H–41, H–48,
or H–391 temper. In addition, aluminum can
stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its
movement through machines used in the
manufacture of beverage cans. Aluminum
can stock is properly classified under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7606.12.3045
and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
these orders may also be entered into the
United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of these orders is
dispositive.
[FR Doc. 2021–08714 Filed 4–26–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–901]
Organic Soybean Meal From India:
Initiation of Less-Than-Fair-Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: at (202) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On March 31, 2021, the Department of
Commerce (Commerce) received an
antidumping duty (AD) petition
concerning imports of organic soybean
meal from India, filed in proper form on
behalf of the Organic Soybean
Processors of America and eight
domestic processors of organic soybean
meal.1 On April 6, 2021, the petitioners
filed an amendment to Volume I of the
Petition and ‘‘a change of petitioner’’
status on behalf of the Organic Soybean
Processors of America, stating that the
petitioners now consisted of the Organic
Soybean Processors of America and
seven domestic processors (collectively,
the petitioners).2 The Petition was
accompanied by a countervailing duty
(CVD) petition concerning imports of
organic soybean meal from India.3
On April 5, 2021, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition.4 The petitioners filed
responses to these requests on April 7,
2021.5
1 See Petitioners’ Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties Pursuant to Sections 701 and 731 of the
Tariff Act of 1930, as amended, on Organic Soybean
Meal from India,’’ dated March 31, 2021 (the
Petition).
2 See Petitioners’ Letter, ‘‘Organic Soybean Meal
from India: The Petitioners’ Amendment to Volume
I Relating to General Issues and Change of
Petitioner Status,’’ dated April 6, 2021 (General
Issues Amendment).
3 Id.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Organic Soybean Meal from
India: Supplemental Questions,’’ dated April 5,
2021 (General Issues Supplemental); and ‘‘Petition
for the Imposition of Antidumping Duties on
Imports of Organic Soybean Meal from India:
Supplemental Questions,’’ dated April 5, 2021.
5 See Petitioners’ Letters, ‘‘Organic Soybean Meal
from India: Petitioners’ Response to Supplemental
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of organic soybean meal from India are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the
organic soybean meal industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petition is
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petition on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (E)–
(G) of the Act.6 Commerce also finds
that the petitioners demonstrated
sufficient industry support for the
initiation of the requested AD
investigation.7
Period of Investigation
Because the Petition was filed on
March 31, 2021, the period of
investigation (POI) for the India AD
investigation is January 1, 2020, through
December 31, 2020, pursuant to 19 CFR
351.204(b)(1).
Scope of the Investigation
The product covered by this
investigation is organic soybean meal
from India. For a full description of the
scope of this investigation, see the
appendix to this notice.
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Comments on the Scope of the
Investigation
On April 5 and 9, 2021, Commerce
requested further information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.8 On April 7, 2021, the
petitioners revised the scope.9 The
description of the merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
General Questions,’’ dated April 7, 2021 (General
Issues Supplement); and ‘‘Organic Soybean Meal
from India: Petitioners’ Response to Supplemental
AD Questions,’’ dated April 7, 2021.
6 See Petition at Volume I at 4.
7 See infra, section on ‘‘Determination of Industry
Support for the Petition.’’
8 See General Issues Supplemental at 1–2; see also
Memorandum, ‘‘Phone Call with Petitioners
Counsel,’’ dated April 9, 2021.
9 See General Issues Supplement at 2–5.
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aside a period of time for interested
parties to raise issues regarding product
coverage (i.e., scope).10 Commerce will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,11 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on May 10,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on May 20, 2021, which
is ten calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the investigation
be submitted during this period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.13
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
13 See 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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22147
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of organic soybean meal to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant costs of production accurately,
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
organic soybean meal, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on May 10,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on May 20, 2021. All comments
and submissions to Commerce must be
filed electronically using ACCESS, as
explained above.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
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portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,14 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation.16 Based on our analysis of
the information submitted on the
record, we have determined that organic
soybean meal, as defined in the scope,
constitutes a single domestic like
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v.
United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See Petition at Volume I at 21–27 and Exhibits
I–3 through I–5, I–7, I–10, I–14 through I–20, I–25
through I–27 and I–29.
15 See
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product, and we have analyzed industry
support in terms of that domestic like
product.17
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided their own production of the
domestic like product in 2020.18 To
estimate total production of the
domestic like product for entire U.S.
industry, the petitioners relied on
production data from a report prepared
by Agromeris, LLC (Agromeris), a
consulting firm that focuses on the food
and agricultural industry.19 We relied
on data provided by the petitioners for
purposes of measuring industry
support.20
Our review of the data provided in the
Petition, the General Issues
Amendment, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petition. First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product, and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
17 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Antidumping Duty Investigation Initiation
Checklist: Organic Soybean Meal from India,’’ dated
concurrently with this notice and on file
electronically via ACCESS (AD Initiation Checklist)
at Attachment II, Analysis of Industry Support for
the Antidumping and Countervailing Duty Petitions
Covering Organic Soybean Meal from India
(Attachment II).
18 See Petition at Volume I at 7–8 and Exhibits I–
4 through I–6; see also General Issues Amendment
at 5 and Exhibit I–6–S.
19 See Petition at Volume I at 7–8 and Exhibits I–
3 through I–5; see also General Issues Amendment
at 5.
20 See Petition at Volume I at 6–9 and Exhibits I–
2 through I–6; see also General Issues Amendment
at 4–6 and Exhibit I–6–S. For further discussion, see
AD Initiation Checklist at Attachment II.
21 See AD Initiation Checklist at Attachment II;
see also section 732(c)(4)(D) of the Act.
22 See AD Initiation Checklist at Attachment II.
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under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.23 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.24
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.25
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression and suppression; lost
sales and revenues; reduced levels of
capacity utilization; declining sales and
profitability; and mill curtailments and
closures.26 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.27
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
an AD investigation of organic soybean
meal from India. The sources of data for
the deductions and adjustments relating
to U.S. price and normal value (NV) are
discussed in greater detail in the AD
Initiation Checklist.
23 Id.
24 Id.
25 See Petition at Volume I at 30 and Exhibit I–
30; see also General Issues Supplement at 6.
26 See Petition at Volume I at 2–3, 21, 27–42 and
Exhibits I–3 through I–5, I–22 and I–28 through I–
33; see also General Issues Amendment at 6; and
General Issues Supplement at 6 and Exhibit I–22–
S.
27 See AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Organic
Soybean Meal from India (Attachment III).
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U.S. Price
The petitioners based export price
(EP) on pricing information for organic
soymeal produced in India and sold to
a U.S. customer during the POI and
made certain adjustments to U.S. price
to calculate a net ex-factory U.S. price.28
Normal Value
The petitioners provided information
indicating that the prices for organic
soybean meal sold or offered for sale in
India were below the cost of production
(COP). Consequently, the petitioners
based NV on constructed value (CV).29
For further discussion of CV, see
‘‘Normal Value Based on Constructed
Value’’ section below.30
Normal Value Based on Constructed
Value
As noted above, the petitioners
provided information indicating that the
prices for organic soybean meal sold or
offered for sale in India were below
COP; therefore, the petitioners based NV
on CV. Pursuant to section 773(e) of the
Act, the petitioners calculated CV as the
sum of the cost of manufacturing,
general and administrative expenses,
financial expenses, and profit.31
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of organic soybean meal
from India are being, or are likely to be,
sold in the United States at LTFV. Based
on a comparison of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margin
for organic soybean meal from India is
158.89 percent.32
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating an AD investigation to
determine whether imports of organic
soybean meal from India are being, or
are likely to be, sold in the United States
at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 140 days after the date of this
initiation.
28 See
AD Initiation Checklist.
AD Initiation Checklist.
30 In accordance with section 773(b)(2) of the Act,
Commerce will request information necessary to
calculate the CV and cost of COP to determine
whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have
been made at prices that represent less than the
COP of the product.
31 See AD Initiation Checklist.
32 Id.
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29 See
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Respondent Selection
In the Petition, the petitioners named
19 companies in India as producers/
exporters of organic soymeal.33 In the
event Commerce determines that the
number of exporters or producers in any
individual case is large such that
Commerce cannot individually examine
each company based upon its resources,
where appropriate, Commerce typically
selects mandatory respondents in that
case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
(HTSUS) numbers listed in the ‘‘Scope
of the Investigation,’’ in the appendix.
There are two HTSUS subheadings
identified in the scope of this
investigation, 1208.10.0010 and
2304.00.0000; subheading 2304.00.0000
covers imports of both organic and nonorganic soybean meal.34 Therefore, we
cannot rely on CBP entry data in
selecting respondents. We intend to
issue quantity and value (Q&V)
questionnaires to each potential
respondent for which the petitioners
have provided a complete address.
Producers/exporters of organic
soybean meal from India that do not
receive Q&V questionnaires by mail may
still submit a response to the Q&V
questionnaire and can obtain the Q&V
questionnaire from E&C’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Responses to the Q&V
questionnaire must be submitted by the
relevant Indian producers/exporters no
later than 5:00 p.m. ET on May 5, 2021.
All Q&V responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
33 See
Petition at Volume I at I–24.
HTSUS subheading 1208.10.0010 is
specific to organic soybean meal, HTSUS
subheading 2304.00.0000 (which includes soybean
meal in the form of cake, chips, or flakes), is not.
The Petition alleges significant quantities of organic
soybean meal enter under both subheadings: ‘‘The
petitioners recognize that the HTSUS provides for
the organic-certified product in HTSUS subheading
1208.10.0010. However, a review of the relevant
USDA FAS’s Global Agricultural Trade System
(GATS) data demonstrates that imports of OSBM
enter U.S. ports of entry utilizing HTSUS heading
2304, which is typically used for conventional
soybean meal.’’ See Petition at Volume I at 19.
34 While
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
22149
government of India via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the Petition to each exporter named in
the Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that subject
imports are materially injuring or
threatening material injury to a U.S.
industry.35 A negative ITC
determination will result in the
investigation being terminated.36
Otherwise, this AD investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 37 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.38 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
35 See
section 733(a) of the Act.
36 Id.
37 See
38 See
E:\FR\FM\27APN1.SGM
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
27APN1
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Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Notices
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
jbell on DSKJLSW7X2PROD with NOTICES
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; Commerce will
grant untimely filed requests for the
extension of time limits only in limited
cases where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning extensions prior to
VerDate Sep<11>2014
18:52 Apr 26, 2021
Jkt 253001
submitting extension requests or factual
information in this investigation.39
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.40
Parties must use the certification
formats provided in 19 CFR
351.303(g).41 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
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
39 See 19 CFR 351.302; see also, e.g., Extension
of Time Limits; Final Rule, 78 FR 57790 (September
20, 2013), available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/2013-22853.htm.
40 See section 782(b) of the Act.
41 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
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, 2309.90.1010,
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.
[FR Doc. 2021–08710 Filed 4–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB036]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its Skate
Advisory Panel via webinar to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This webinar will be held on
Thursday, May 13, 2021 at 9 a.m.
Webinar registration URL information:
https://attendee.gotowebinar.com/
register/3838637399464966672.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Skate Advisory Panel will receive
an update on progress and make
recommendations for a range of
possession limit alternatives for the
Skate 2022–23 Specifications. They will
also receive an update on progress and
make recommendations for measures for
intermediate possession limits, the
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22146-22150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Initiation of Less-Than-Fair-
Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2021.
FOR FURTHER INFORMATION CONTACT: Andrew Huston; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: at (202) 482-4261.
SUPPLEMENTARY INFORMATION:
The Petition
On March 31, 2021, the Department of Commerce (Commerce) received
an antidumping duty (AD) petition concerning imports of organic soybean
meal from India, filed in proper form on behalf of the Organic Soybean
Processors of America and eight domestic processors of organic soybean
meal.\1\ On April 6, 2021, the petitioners filed an amendment to Volume
I of the Petition and ``a change of petitioner'' status on behalf of
the Organic Soybean Processors of America, stating that the petitioners
now consisted of the Organic Soybean Processors of America and seven
domestic processors (collectively, the petitioners).\2\ The Petition
was accompanied by a countervailing duty (CVD) petition concerning
imports of organic soybean meal from India.\3\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties Pursuant to Sections 701 and
731 of the Tariff Act of 1930, as amended, on Organic Soybean Meal
from India,'' dated March 31, 2021 (the Petition).
\2\ See Petitioners' Letter, ``Organic Soybean Meal from India:
The Petitioners' Amendment to Volume I Relating to General Issues
and Change of Petitioner Status,'' dated April 6, 2021 (General
Issues Amendment).
\3\ Id.
---------------------------------------------------------------------------
On April 5, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\4\ The petitioners filed
responses to these requests on April 7, 2021.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Organic Soybean
Meal from India: Supplemental Questions,'' dated April 5, 2021
(General Issues Supplemental); and ``Petition for the Imposition of
Antidumping Duties on Imports of Organic Soybean Meal from India:
Supplemental Questions,'' dated April 5, 2021.
\5\ See Petitioners' Letters, ``Organic Soybean Meal from India:
Petitioners' Response to Supplemental General Questions,'' dated
April 7, 2021 (General Issues Supplement); and ``Organic Soybean
Meal from India: Petitioners' Response to Supplemental AD
Questions,'' dated April 7, 2021.
---------------------------------------------------------------------------
[[Page 22147]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of organic
soybean meal from India are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the organic
soybean meal industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition is accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (E)-(G) of the Act.\6\ Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested AD investigation.\7\
---------------------------------------------------------------------------
\6\ See Petition at Volume I at 4.
\7\ See infra, section on ``Determination of Industry Support
for the Petition.''
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on March 31, 2021, the period of
investigation (POI) for the India AD investigation is January 1, 2020,
through December 31, 2020, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is organic soybean meal
from India. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On April 5 and 9, 2021, Commerce requested further information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On April 7, 2021, the petitioners revised the scope.\9\ The
description of the merchandise covered by this investigation, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Supplemental at 1-2; see also Memorandum,
``Phone Call with Petitioners Counsel,'' dated April 9, 2021.
\9\ See General Issues Supplement at 2-5.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\10\ Commerce will consider
all comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\11\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on May 10, 2021, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, must be filed by 5:00 p.m. ET on May
20, 2021, which is ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
this period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of organic soybean meal to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe organic soybean meal, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 10, 2021,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. ET on May 20, 2021. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that
[[Page 22148]]
portion of the industry expressing support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D) of the Act provides that, if
the petition does not establish support of domestic producers or
workers accounting for more than 50 percent of the total production of
the domestic like product, Commerce shall: (i) Poll the industry or
rely on other information in order to determine if there is support for
the petition, as required by subparagraph (A); or (ii) determine
industry support using a statistically valid sampling method to poll
the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639,
644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that organic soybean meal,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\17\
---------------------------------------------------------------------------
\16\ See Petition at Volume I at 21-27 and Exhibits I-3 through
I-5, I-7, I-10, I-14 through I-20, I-25 through I-27 and I-29.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Organic Soybean Meal from India,'' dated concurrently with this
notice and on file electronically via ACCESS (AD Initiation
Checklist) at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Organic
Soybean Meal from India (Attachment II).
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2020.\18\ To
estimate total production of the domestic like product for entire U.S.
industry, the petitioners relied on production data from a report
prepared by Agromeris, LLC (Agromeris), a consulting firm that focuses
on the food and agricultural industry.\19\ We relied on data provided
by the petitioners for purposes of measuring industry support.\20\
---------------------------------------------------------------------------
\18\ See Petition at Volume I at 7-8 and Exhibits I-4 through I-
6; see also General Issues Amendment at 5 and Exhibit I-6-S.
\19\ See Petition at Volume I at 7-8 and Exhibits I-3 through I-
5; see also General Issues Amendment at 5.
\20\ See Petition at Volume I at 6-9 and Exhibits I-2 through I-
6; see also General Issues Amendment at 4-6 and Exhibit I-6-S. For
further discussion, see AD Initiation Checklist at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Amendment, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petition. First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product, and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\24\
---------------------------------------------------------------------------
\21\ See AD Initiation Checklist at Attachment II; see also
section 732(c)(4)(D) of the Act.
\22\ See AD Initiation Checklist at Attachment II.
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------
\25\ See Petition at Volume I at 30 and Exhibit I-30; see also
General Issues Supplement at 6.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and
suppression; lost sales and revenues; reduced levels of capacity
utilization; declining sales and profitability; and mill curtailments
and closures.\26\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\27\
---------------------------------------------------------------------------
\26\ See Petition at Volume I at 2-3, 21, 27-42 and Exhibits I-3
through I-5, I-22 and I-28 through I-33; see also General Issues
Amendment at 6; and General Issues Supplement at 6 and Exhibit I-22-
S.
\27\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Organic
Soybean Meal from India (Attachment III).
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of organic soybean meal from India. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the AD Initiation Checklist.
[[Page 22149]]
U.S. Price
The petitioners based export price (EP) on pricing information for
organic soymeal produced in India and sold to a U.S. customer during
the POI and made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price.\28\
---------------------------------------------------------------------------
\28\ See AD Initiation Checklist.
---------------------------------------------------------------------------
Normal Value
The petitioners provided information indicating that the prices for
organic soybean meal sold or offered for sale in India were below the
cost of production (COP). Consequently, the petitioners based NV on
constructed value (CV).\29\ For further discussion of CV, see ``Normal
Value Based on Constructed Value'' section below.\30\
---------------------------------------------------------------------------
\29\ See AD Initiation Checklist.
\30\ In accordance with section 773(b)(2) of the Act, Commerce
will request information necessary to calculate the CV and cost of
COP to determine whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above, the petitioners provided information indicating
that the prices for organic soybean meal sold or offered for sale in
India were below COP; therefore, the petitioners based NV on CV.
Pursuant to section 773(e) of the Act, the petitioners calculated CV as
the sum of the cost of manufacturing, general and administrative
expenses, financial expenses, and profit.\31\
---------------------------------------------------------------------------
\31\ See AD Initiation Checklist.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of organic soybean meal from India are being, or
are likely to be, sold in the United States at LTFV. Based on a
comparison of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for organic soybean meal from India
is 158.89 percent.\32\
---------------------------------------------------------------------------
\32\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an AD investigation to determine
whether imports of organic soybean meal from India are being, or are
likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named 19 companies in India as
producers/exporters of organic soymeal.\33\ In the event Commerce
determines that the number of exporters or producers in any individual
case is large such that Commerce cannot individually examine each
company based upon its resources, where appropriate, Commerce typically
selects mandatory respondents in that case based on U.S. Customs and
Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) numbers listed
in the ``Scope of the Investigation,'' in the appendix. There are two
HTSUS subheadings identified in the scope of this investigation,
1208.10.0010 and 2304.00.0000; subheading 2304.00.0000 covers imports
of both organic and non-organic soybean meal.\34\ Therefore, we cannot
rely on CBP entry data in selecting respondents. We intend to issue
quantity and value (Q&V) questionnaires to each potential respondent
for which the petitioners have provided a complete address.
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\33\ See Petition at Volume I at I-24.
\34\ While HTSUS subheading 1208.10.0010 is specific to organic
soybean meal, HTSUS subheading 2304.00.0000 (which includes soybean
meal in the form of cake, chips, or flakes), is not. The Petition
alleges significant quantities of organic soybean meal enter under
both subheadings: ``The petitioners recognize that the HTSUS
provides for the organic-certified product in HTSUS subheading
1208.10.0010. However, a review of the relevant USDA FAS's Global
Agricultural Trade System (GATS) data demonstrates that imports of
OSBM enter U.S. ports of entry utilizing HTSUS heading 2304, which
is typically used for conventional soybean meal.'' See Petition at
Volume I at 19.
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Producers/exporters of organic soybean meal from India that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at https://www.trade.gov/ec-adcvd-case-announcements. Responses
to the Q&V questionnaire must be submitted by the relevant Indian
producers/exporters no later than 5:00 p.m. ET on May 5, 2021. All Q&V
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce
intends to finalize its decisions regarding respondent selection within
20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of India via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that subject imports are materially injuring or threatening
material injury to a U.S. industry.\35\ A negative ITC determination
will result in the investigation being terminated.\36\ Otherwise, this
AD investigation will proceed according to statutory and regulatory
time limits.
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\35\ See section 733(a) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV,
[[Page 22150]]
stating that ``if a particular market situation exists such that the
cost of materials and fabrication or other processing of any kind does
not accurately reflect the cost of production in the ordinary course of
trade, the administering authority may use another calculation
methodology under this subtitle or any other calculation methodology.''
When an interested party submits a PMS allegation pursuant to section
773(e) of the Act, Commerce will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS
exists under section 773(e) of the Act, then it will modify its dumping
calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning
extensions prior to submitting extension requests or factual
information in this investigation.\39\
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\39\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
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, 2309.90.1010, 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.
[FR Doc. 2021-08710 Filed 4-26-21; 8:45 am]
BILLING CODE 3510-DS-P
