Organic Soybean Meal from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 49514-49516 [2021-19139]
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49514
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices
issues raised by the parties in their
briefs, within 120 days of the date of
publication of this notice in the Federal
Register.17
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Assessment Rates
[FR Doc. 2021–19065 Filed 9–2–21; 8:45 am]
Upon issuance of the amended final
results of review, Commerce will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by the amended final
results of review.18 Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the amended final results
of this review in the Federal Register.19
If a timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The cash deposit rate for Fufeng will
be equal to the dumping margin
established for Fufeng in the amended
final results of this review (if the
dumping margin is zero or de minimis,
then a cash deposit rate of zero will be
required). For information regarding the
cash deposit requirements established
for other companies in this segment of
the proceeding, see the Final Results.
This cash deposit requirement, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interest Parties
lotter on DSK11XQN23PROD with NOTICES1
These amended preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213(h)(1).
17 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h)(1).
18 See 19 CFR 351.212(b)(1).
19 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–902]
Organic Soybean Meal from India:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
organic soybean meal from India. The
period of investigation is January 1,
2020, through December 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable September 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4737.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 27, 2021.1 On June 3, 2021,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now August 30,
2021.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See Organic Soybean Meal from India: Initiation
of Countervailing Duty Investigation, 86 FR 22136
(April 27, 2021) (Initiation Notice).
2 See Organic Soybean Meal from India:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 86 FR 29742
(June 3, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Organic
Soybean Meal from India,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Sfmt 4703
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Investigation
The product covered by this
investigation is organic soybean meal
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices
49515
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.19 Note that
All Others ....................................
7.05
Commerce has temporarily modified
certain of its requirements for serving
Suspension of Liquidation
documents containing business
In accordance with section
proprietary information, until further
703(d)(1)(B) and (d)(2) of the Act,
notice.20 Pursuant to 19 CFR
Commerce will direct U.S. Customs and
351.309(c)(2) and (d)(2), parties who
Border Protection (CBP) to suspend
submit case briefs or rebuttal briefs in
liquidation of entries of subject
this investigation are encouraged to
merchandise as described in the scope
All-Others Rate
submit with each argument: (1) A
of the investigation section entered, or
statement of the issue; (2) a brief
Sections 703(d) and 705(c)(5)(A) of
withdrawn from warehouse, for
summary of the argument; and (3) a
the Act provide that in the preliminary
consumption on or after the date of
publication of this notice in the Federal table of authorities.
determination, Commerce shall
Register. Further, pursuant to 19 CFR
determine an estimated all-others rate
Pursuant to 19 CFR 351.310(c),
351.205(d), Commerce will instruct CBP interested parties who wish to request a
for companies not individually
to require a cash deposit equal to the
examined. Pursuant to section
hearing, limited to issues raised in the
rates indicated above.
705(c)(5)(A)(i) of the Act, this rate shall
case and rebuttal briefs, must submit a
normally be an amount equal to the
written request to the Assistant
Disclosure
weighted average of the estimated
Secretary for Enforcement and
Commerce intends to disclose its
subsidy rates established for those
Compliance, U.S. Department of
calculations
and
analysis
performed
to
companies individually examined,
Commerce within 30 days after the date
excluding any zero and de minimis rates interested parties in this preliminary
of publication of this notice. Requests
determination
within
five
days
of
its
and any rates based entirely under
should contain the party’s name,
public announcement, or if there is no
section 776 of the Act.
address, and telephone number, the
public
announcement,
within
five
days
In this investigation, the only
number of participants, whether any
of the date of this notice in accordance
individually calculated rate that is not
participant is a foreign national, and a
with
19
CFR
351.224(b).
zero, de minimis or based entirely on
list of the issues to be discussed. If a
facts otherwise available is the rate
Verification
request for a hearing is made, Commerce
calculated for Bergwerff Organic India
As provided in section 782(i)(1) of the intends to hold the hearing at a time and
Private Limited (Bergwerff).
Act, Commerce intends to verify the
date to be determined. Parties should
Consequently, the rate calculated for
confirm by telephone the date, time, and
Bergwerff is also assigned as the rate for information relied upon in making its
final determination. Normally,
location of the hearing two days before
all other producers and exporters not
Commerce verifies information using
the scheduled date.
individually examined in this
standard procedures, including an oninvestigation.
site examination of original accounting, International Trade Commission
Preliminary Determination
financial, and sales documentation.
Notification
While we consider the possibility of
Commerce preliminarily determines
In accordance with section 703(f) of
conducting an on-site verification for
that the following estimated
the Act, Commerce will notify the
some
of
the
information
submitted
by
countervailable subsidy rates exist:
International Trade Commission (ITC) of
the respondents, we may also need to
its determination. If the final
verify the information relied upon in
Subsidy
determination is affirmative, the ITC
Company
rate
making the final determination through
(percent)
will determine before the later of 120
alternative means in lieu of an on-site
days after the date of this preliminary
verification.
Commerce
intends
to
notify
Bergwerff Organic India Private
parties
of
its
verification
procedures.
determination or 45 days after the final
9
Limited ..................................
7.05
determination.
Shanti Worldwide ........................
266.37 Public Comment
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of organic soybean meal
from India based on a request made by
the petitioners.8 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
January 10, 2022, unless postponed.
lotter on DSK11XQN23PROD with NOTICES1
Shri Sumati Oil Industries Pvt.
Ltd ...........................................
Navjyot International Pvt. Ltd .....
Ish Agritech Pvt. Ltd 10 ...............
Satguru Organics Pvt. Ltd 11 ......
Radiance Overseas 12 ................
Swastik Enterprises 13 ................
Soni Soya Products Limited 14 ...
Raj Foods International 15 ..........
Vantage Organic Foods Pvt.
Ltd 16 .......................................
Shree Bhagwati Oil Mill 17 ..........
Pragati Organics 18 .....................
266.37
266.37
266.37
266.37
266.37
266.37
percent
266.37
266.37
266.37
266.37
266.37
8 See Petitioners’ Letter, ‘‘Organic Soybean Meal
from India: Petitioners’ Request to Align the
Countervailing Duty Final Determination with
Antidumping Duty Final Determination,’’ dated
August 23, 2021.
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16:55 Sep 02, 2021
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Subsidy
rate
(percent)
Company
Interested parties will be notified of
the timeline for the submission of case
briefs and written comments at a later
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Bergwerff:
Suminter India Organics Private Limited.
10 See Preliminary Decision Memorandum at
section VII, ‘‘Use of Facts Otherwise Available and
Adverse Inferences.’’
11 Id.
12 Id.
13 Id.
14 Id.
15 Id.
16 Id.
17 Id.
18 Id.
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Sfmt 4703
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
19 See 19 CFR 351.309; see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(Temporary Rule); and 19 CFR 351.303 (for general
filing requirements).
20 See Temporary Rule, 85 FR 17006; see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\03SEN1.SGM
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49516
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
DEPARTMENT OF COMMERCE
Appendix I
Hydrofluorocarbon Blends From the
People’s Republic of China: Final
Results of the Antidumping Duty
Administrative Review; 2019–2020
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 organicsoybean meal component of such
admixture is covered by the scope of this
investigation. The products covered by this
investigation are currently classified under
the following Harmonized Tariff Schedule of
the United States (HTSUS) subheadings:
1208.10.0010 and 2304.00.0000. Certified
organic soybean meal may also enter under
HTSUS 2309.90.1005,2309.90.1015,
2309.90.1020, 2309.90.1030, 2309.90.1032,
2309.90.1035, 2309.90.1045, 2309.90.1050,
and 2308.00.9890.
The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. Recommendation
[FR Doc. 2021–19139 Filed 9–2–21; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–570–028]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the sole company
subject to this administrative review is
part of the China-wide entity because it
did not file a separate rate application
(SRA). The period of review (POR) is
August 1, 2019, through July 31, 2020.
DATES: Applicable September 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2185.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 7, 2021, Commerce published
the Preliminary Results of this
administrative review of the
antidumping duty order on
hydrofluorocarbon (HFC) blends from
the People’s Republic of China (China)
in the Federal Register.1 Although we
invited parties to comment on the
Preliminary Results, no interested party
submitted comments. Accordingly, no
decision memorandum accompanies
this Federal Register notice.2
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products subject to the Order are
HFC blends.3 HFC blends covered by
the scope are R–404A, a zeotropic
mixture consisting of 52 percent 1,1,1Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent
1,1,1,2-Tetrafluoroethane; R–407A, a
zeotropic mixture of 20 percent
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Preliminary Results of the
Antidumping Duty Administrative Review and
Rescission of Antidumping Duty Administrative
Review, in Part; 2019–2020, 86 FR 24587 (May 7,
2021) (Preliminary Results).
2 For further details of the issues addressed in this
proceeding, see Preliminary Results and
accompanying Preliminary Decision Memorandum.
3 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016) (Order).
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Difluoromethane, 40 percent
Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R–407C, a
zeotropic mixture of 23 percent
Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent
1,1,1,2-Tetrafluoroethane; R–410A, a
zeotropic mixture of 50 percent
Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an
azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1Trifluoroethane also known as R–507.
The foregoing percentages are nominal
percentages by weight. Actual
percentages of single component
refrigerants by weight may vary by plus
or minus two percent points from the
nominal percentage identified above.4
Any blend that includes an HFC
component other than R–32, R–125, R–
143a, or R–134a is excluded from the
scope of the Order.
Excluded from the Order are blends of
refrigerant chemicals that include
products other than HFCs, such as
blends including chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons
(HCFCs), hydrocarbons (HCs), or
hydrofluoroolefins (HFOs).
Also excluded from the Order are
patented HFC blends, including, but not
limited to, ISCEON® blends, including
MO99TM (R–438A), MO79 (R–422A),
MO59 (R–417A), MO49PlusTM (R–
437A) and MO29TM (R–4 22D),
Genetron® PerformaxTM LT (R–407F),
Choice® R–421A, and Choice® R–421B.
HFC blends covered by the scope of
the Order are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings
3824.78.0020 and 3824.78.0050.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.5
4 R–404A is sold under various trade names,
including Forane® 404A, Genetron® 404A,
Solkane® 404A, Klea® 404A, and Suva®404A. R–
407A is sold under various trade names, including
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade
names, including Forane® 407C, Genetron® 407C,
Solkane® 407C, Klea® 407C and Suva® 407C. R–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
and AZ–20, Solkane® 410A, Klea® 410A, Suva®
410A, and Puron®. R–507A is sold under various
trade names, including Forane® 507, Solkane® 507,
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
sold under various trade names, including
Solkane®32, Forane®32, and Klea®32. R–125 is sold
under various trade names, including Solkane®125,
Klea®125, Genetron®125, and Forane®125. R–143a
is sold under various trade names, including
Solkane®143a, Genetron®143a, and Forane®125.
5 See Order. Certain merchandise has been the
subject of affirmative anti-circumvention
determinations by Commerce, pursuant to section
781 of the Act. As a result, the circumventing
merchandise is included in the scope of the Order.
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]]>Agencies
[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49514-49516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19139]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-902]
Organic Soybean Meal from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of organic soybean meal from India. The period of
investigation is January 1, 2020, through December 31, 2020. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable September 3, 2021.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 27,
2021.\1\ On June 3, 2021, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
August 30, 2021.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Organic Soybean Meal from India: Initiation of
Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021)
(Initiation Notice).
\2\ See Organic Soybean Meal from India: Postponement of
Preliminary Determination in the Countervailing Duty Investigation,
86 FR 29742 (June 3, 2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Organic Soybean Meal from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is organic soybean meal
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the
[[Page 49515]]
final countervailing duty (CVD) determination in this investigation
with the final determination in the companion antidumping duty (AD)
investigation of organic soybean meal from India based on a request
made by the petitioners.\8\ Consequently, the final CVD determination
will be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than January 10, 2022, unless
postponed.
---------------------------------------------------------------------------
\8\ See Petitioners' Letter, ``Organic Soybean Meal from India:
Petitioners' Request to Align the Countervailing Duty Final
Determination with Antidumping Duty Final Determination,'' dated
August 23, 2021.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an
amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, the only individually calculated rate that
is not zero, de minimis or based entirely on facts otherwise available
is the rate calculated for Bergwerff Organic India Private Limited
(Bergwerff). Consequently, the rate calculated for Bergwerff is also
assigned as the rate for all other producers and exporters not
individually examined in this investigation.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Bergwerff Organic India Private Limited \9\................. 7.05
Shanti Worldwide............................................ 266.37
Shri Sumati Oil Industries Pvt. Ltd......................... 266.37
Navjyot International Pvt. Ltd.............................. 266.37
Ish Agritech Pvt. Ltd \10\.................................. 266.37
Satguru Organics Pvt. Ltd \11\.............................. 266.37
Radiance Overseas \12\...................................... 266.37
Swastik Enterprises \13\.................................... 266.37
percent
Soni Soya Products Limited \14\............................. 266.37
Raj Foods International \15\................................ 266.37
Vantage Organic Foods Pvt. Ltd \16\......................... 266.37
Shree Bhagwati Oil Mill \17\................................ 266.37
Pragati Organics \18\....................................... 266.37
All Others.................................................. 7.05
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Suspension of Liquidation
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Bergwerff: Suminter India Organics Private Limited.
\10\ See Preliminary Decision Memorandum at section VII, ``Use
of Facts Otherwise Available and Adverse Inferences.''
\11\ Id.
\12\ Id.
\13\ Id.
\14\ Id.
\15\ Id.
\16\ Id.
\17\ Id.
\18\ Id.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. While we consider the possibility of conducting an
on-site verification for some of the information submitted by the
respondents, we may also need to verify the information relied upon in
making the final determination through alternative means in lieu of an
on-site verification. Commerce intends to notify parties of its
verification procedures.
Public Comment
Interested parties will be notified of the timeline for the
submission of case briefs and written comments at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\19\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\20\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\19\ See 19 CFR 351.309; see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (Temporary Rule); and 19 CFR 351.303 (for general filing
requirements).
\20\ See Temporary Rule, 85 FR 17006; see also 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
[[Page 49516]]
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Scope of the Investigation
The merchandise subject to the investigation is certified
organic soybean meal. Certified organic soybean meal results from
the mechanical pressing of certified organic soybeans into ground
products known as soybean cake, soybean chips, or soybean flakes,
with or without oil residues. Soybean cake is the product after the
extraction of part of the oil from soybeans. Soybean chips and
soybean flakes are produced by cracking, heating, and flaking
soybeans and reducing the oil content of the conditioned product.
``Certified organic soybean meal'' is certified by the U.S.
Department of Agriculture (USDA) National Organic Program (NOP) or
equivalently certified to NOP standards or NOP-equivalent standards
under an existing organic equivalency or recognition agreement.
Certified organic soybean meal subject to this investigation has
a protein content of 34 percent or higher.
Organic soybean meal that is otherwise subject to this
investigation is included when incorporated in admixtures, including
but not limited to prepared animal feeds. Only the organicsoybean
meal component of such admixture is covered by the scope of this
investigation. The products covered by this investigation are
currently classified under the following Harmonized Tariff Schedule
of the United States (HTSUS) subheadings: 1208.10.0010 and
2304.00.0000. Certified organic soybean meal may also enter under
HTSUS 2309.90.1005,2309.90.1015, 2309.90.1020, 2309.90.1030,
2309.90.1032, 2309.90.1035, 2309.90.1045, 2309.90.1050, and
2308.00.9890.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. Recommendation
[FR Doc. 2021-19139 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P
