Organic Soybean Meal from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 49514-49516 [2021-19139]

Download as PDF 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). VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 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). PO 00000 Frm 00011 Fmt 4703 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 http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://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. E:\FR\FM\03SEN1.SGM 03SEN1 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. VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 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. PO 00000 Frm 00012 Fmt 4703 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 03SEN1 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 VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03SEN1.SGM 03SEN1

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]


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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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://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.
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    \7\ See sections 776(a) and (b) of the Act.
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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.
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    \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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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
------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    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