Organic Soybean Meal From India: Initiation of Less-Than-Fair-Value Investigation, 22146-22150 [2021-08710]

Download as PDF 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regard to countervailing duties, unliquidated entries of aluminum sheet from Bahrain, India, and Turkey entered, or withdrawn from warehouse, for consumption after December 11, 2020, the final day on which the provisional measures were in effect, until and through the day preceding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 http://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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 18:52 Apr 26, 2021 Jkt 253001 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27APN1.SGM 27APN1 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 18:52 Apr 26, 2021 Jkt 253001 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27APN1.SGM 27APN1 22148 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 18:52 Apr 26, 2021 Jkt 253001 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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). E:\FR\FM\27APN1.SGM 27APN1 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 29 See VerDate Sep<11>2014 18:52 Apr 26, 2021 Jkt 253001 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 22150 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 http://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 http://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]


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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

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.

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[[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\
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    \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'').
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    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\
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    \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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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\
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    \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.
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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.
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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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \35\ See section 733(a) of the Act.
    \36\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \39\ See 19 CFR 351.302; see also, e.g., Extension of Time 
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at 
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

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 
http://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