Organic Soybean Meal From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 60443-60446 [2021-23883]
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
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[FR Doc. 2021–23687 Filed 11–1–21; 8:45 am]
BILLING CODE 3510–17–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
jspears on DSK121TN23PROD with NOTICES1
[B–53–2021]
Foreign-Trade Zone (FTZ) 93—Raleigh/
Durham North Carolina, Authorization
of Production Activity, LiebelFlarsheim Company, LLC (Diagnostic
Imaging Contrast Media), Raleigh,
North Carolina
On June 30, 2021, the Triangle J
Council of Governments, grantee of FTZ
93, submitted a notification of proposed
production activity to the FTZ Board on
behalf of Liebel-Flarsheim Company,
LLC, within FTZ 93, in Raleigh, North
Carolina.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 37116, July 14,
2021). On October 28, 2021, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
[FR Doc. 2021–23838 Filed 11–1–21; 8:45 am]
Foreign-Trade Zone (FTZ) 265—
Conroe, Texas ; Authorization of
Export-Only Production Activity,
Galdisa USA (Peanut Products),
Conroe, Texas
BILLING CODE 3510–DS–P
Dated: October 28, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–23837 Filed 11–1–21; 8:45 am]
BILLING CODE 3510–DS–P
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Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4261.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 August 18, 2021,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 27,
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
included 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
International Trade Administration
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.
[A–533–901]
Scope Comments
Organic Soybean Meal From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
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. Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
DEPARTMENT OF COMMERCE
On June 30, 2021, the City of Conroe,
Texas, grantee of FTZ 265, submitted a
notification of proposed export-only
production activity to the FTZ Board on
behalf of Galdisa USA, within FTZ 265,
in Conroe, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 37116–37117,
July 14, 2021). On October 28, 2021, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The export-only production activity
described in the notification was
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
17:42 Nov 01, 2021
Foreign-Trade Zones Board
Dated: October 28, 2021.
Andrew McGilvray,
Executive Secretary.
[B–52–2021]
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DEPARTMENT OF COMMERCE
60443
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that organic soybean meal from India is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2020, through
December 31, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable November 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
AGENCY:
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1 See Organic Soybean Meal from India: Initiation
of Less-Than-Fair-Value Investigation, 86 FR 22146
(April 27, 2021) (Initiation Notice).
2 See Organic Soybean Meal from India:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigation, 86 FR 46181
(August 18, 2021).
3 See Memorandum, ‘‘Organic Soybean Meal from
India: Decision Memorandum for the Preliminary
Affirmative Determination of Sales at Less Than
Fair Value,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
Notice.6See the revised scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. In addition,
Commerce has relied on facts available
with an adverse inference (AFA) under
sections 776(a) and (b) of the Act for
Shanti Worldwide, Shri Sumati Oil
Industries Pvt. Ltd., Navjyot
International Pvt. Ltd., Ish Agritech Pvt.
Ltd., Satguru Organics Pvt. Ltd.,
Radiance Overseas, Swastik Enterprises,
Soni Soya Products Limited, Raj Foods
International, Vantage Organic Foods
Pvt. Ltd., Shree Bhagwati Oil Mill, and
Pragati Organics (collectively nonresponsive companies). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
normally be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to the nonresponsive companies. Therefore, the
only 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.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weighted
average
dumping
margin
(percent)
Exporter/producer
Bergwerff Organic Private Limited/Suminter India Organic Private Limited .......................................................
Shanti Worldwide .................................................................................................................................................
Shri Sumati Oil Industries Pvt. Ltd ......................................................................................................................
Navjyot International Pvt. Ltd ..............................................................................................................................
Ish Agritech Pvt. Ltd ............................................................................................................................................
Satguru Organics Pvt. Ltd ...................................................................................................................................
Radiance Overseas .............................................................................................................................................
Swastik Enterprises .............................................................................................................................................
Soni Soya Products Limited ................................................................................................................................
Raj Foods International .......................................................................................................................................
Vantage Organic Foods Pvt. Ltd .........................................................................................................................
Shree Bhagwati Oil Mill .......................................................................................................................................
Pragati Organics ..................................................................................................................................................
All Others .............................................................................................................................................................
3.11
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
* 18.85
3.11
Cash deposit
rate (adjusted for
subsidy offset(s)
(percent)
0.00
11.83
11.83
11.83
11.83
11.83
11.83
11.83
11.83
11.83
11.83
11.83
11.83
0.00
* (AFA).
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate(s).7
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section above.8 Should
provisional measures in the companion
CVD investigation expire prior to the
expiration of provisional measures in
this LTFV investigation, Commerce will
direct CBP to begin collecting estimated
antidumping duty cash deposits
unadjusted for countervailed export
subsidies at the time that the
provisional CVD measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
6 See Preliminary Decision Memorandum at
Scope Comments.
7 See, e.g., Polyester Textured Yarn from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional
Measures, 84 FR 31301 (July 1, 2019), unchanged
in Polyester Textured Yarn from India: Final
Determination of Sales at Less Than Fair Value, 84
FR 63843 (November 19, 2019).
8 See Preliminary Decision Memorandum for
further discussion.
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Suspension of Liquidation
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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 onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
jspears on DSK121TN23PROD with NOTICES1
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance A timeline for the
submission of case briefs and written
comments will be notified to interested
parties 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.9 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.10
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.
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
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020) (Temporary Rule); and
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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17:42 Nov 01, 2021
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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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 11, 2021, pursuant to 19
CFR 351.210(e), Bergwerff requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
11 See Bergwerff’s Letter, ‘‘Organic Soybean Meal
from India: Request for Postponement of the Final
Determination,’’ dated October 11, 2021.
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60445
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: October 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
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 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,
2309.90.1020, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
VI. Postponement of Final Determination
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use
of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Adjustment to Cash Deposit Rates for
Export Subsidies in Companion CVD
Investigation
XVI. Recommendation
[FR Doc. 2021–23883 Filed 11–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Request for Public Comment on the
Alaska Coastal Mapping Strategy
Implementation Plan
Office of Coast Survey (OCS),
National Ocean Service (NOS), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public comment.
AGENCY:
On behalf of the Alaska
Mapping Executive Committee (AMEC),
a Federal-state partnership to coordinate
the modernization of critical Alaska
map layers, NOAA requests review of
the draft Alaska Coastal Mapping
Strategy (ACMS) Implementation Plan
from all interested parties. Through this
request for information (RFI), AMEC’s
Coastal Subcommittee seeks input from
the public on the Implementation Plan
and its milestones targeted at improving
the coordination and collection of
coastal mapping in Alaska. AMEC seeks
to ensure that program implementation
is informed by and responsive to all
sectors through sustained engagement
and effective partnerships.
DATES: Comments must be received via
email by 5 p.m. ET on January 31, 2022.
ADDRESSES: Comments can be submitted
by email to iwgocm.staff@noaa.gov by
the January 31, 2022, deadline.
Instructions: The draft ACMS
Implementation Plan can be found at
https://iocm.noaa.gov/about/strategicplans.html. Response to this RFI is
voluntary. Respondents need not reply
to all questions listed. For all
submissions, clearly indicate which
questions are being answered. Email
attachments will be accepted in plain
text, Microsoft Word, or Adobe PDF
formats only. Each individual or
institution is requested to submit only
one response. NOAA requests that no
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SUMMARY:
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business proprietary information,
copyrighted information, or personally
identifiable information be submitted in
response to this RFI. Please note that the
U.S. Government will not pay for
response preparation, or for the use of
any information contained in the
response.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Ashley Chappell,
NOAA Integrated Ocean and Coastal
Mapping Coordinator, 240–429–0293, or
ashley.chappell@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The ACMS was completed in June
2020, in conjunction with the National
Ocean Mapping, Exploration and
Characterization Strategy (NOMEC). The
ACMS envisions an Alaska that in 2030
possesses seamless coastal mapping
data. This vision translates into nearterm goals for action, including
acquiring priority coastal mapping
datasets over the next 5 years, and the
remainder of Alaskan shoreline datasets
by 2030. Primarily focused on airborne
and satellite technologies, the four
ACMS goals are to:
(1) Build on existing mapping
partnerships to meet Alaska’s coastal
mapping needs.
(2) Expand coastal data collection to
deliver the priority geospatial products
stakeholders require.
(3) Leverage innovation in mapping
technology development.
(4) Conduct strategic communications
to promote widespread stakeholder
engagement.
The draft ACMS Implementation
Plan, now available for review, adds
detail to the goals and objectives in the
strategy. The NOMEC implementation
plan, published January 2021, describes
milestones and objectives aimed at the
completion of mapping Alaska’s waters
deeper than 40m by 2030 and those
shallower than 40m by 2040. While the
boundary line between the ACMS and
NOMEC is not exact due to varying
extinction depths of airborne
technologies, the two strategies
combined are intended to fill the
mapping gaps in Alaskan coastal and
ocean waters.
Request for Comment
This notice requests comment on the
draft ACMS Implementation Plan at
https://iocm.noaa.gov/about/strategicplans.html. Reviewer comments are not
limited, but questions that might be
considered while reviewing the plan
include:
(1) What does successful
implementation look like to your
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organization, sector, or interest group?
How do you anticipate your
organization or sector will participate in
the ACMS implementation?
(2) What specific implementation
actions would be of value to your
organization/sector?
(3) How should the AMEC Coastal
Subcommittee appropriately engage
your organization to get ongoing
feedback throughout implementation?
(4) What activities is your
organization currently undertaking, has
recently undertaken, or is planning that
may support or benefit from ACMS
implementation? What processes and
connections would be required to
realize those opportunities?
(5) What publicly accessible databases
and archives does your organization
offer that may house data relevant to
ACMS?
(6) Who are the additional partners
that are needed to effectively plan and
execute a successful ACMS program in
the future, as well as those that can help
disseminate information from this work
to various audiences? How could
Federal agencies more effectively engage
these partners? If there are barriers to
this cooperation, please describe. Please
do not only limit your responses to
organizations that are traditionally
involved in this work, but also think
how we can engage other groups that
can make important contributions.
(7) How can ACMS and NOMEC
implementation plan activities and
milestones be aligned to most efficiently
advance the goals of both strategies?
The Coast and Geodetic Survey Act of
1947, 33 U.S.C. 883e.
Kathryn Ries,
Performing the Duties of Director, Office of
Coast Survey, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2021–23878 Filed 11–1–21; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB480]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60443-60446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23883]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that organic soybean meal from India is being, or is likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2020, through December 31, 2020.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable November 2, 2021.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 August 18, 2021, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 27, 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 included 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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\1\ See Organic Soybean Meal from India: Initiation of Less-
Than-Fair-Value Investigation, 86 FR 22146 (April 27, 2021)
(Initiation Notice).
\2\ See Organic Soybean Meal from India: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigation, 86 FR 46181 (August 18, 2021).
\3\ See Memorandum, ``Organic Soybean Meal from India: Decision
Memorandum for the Preliminary Affirmative Determination of Sales at
Less Than Fair Value,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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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. Commerce is preliminarily modifying the scope
language as it appeared in the Initiation
[[Page 60444]]
Notice.\6\See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Preliminary Decision Memorandum at Scope Comments.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. In addition,
Commerce has relied on facts available with an adverse inference (AFA)
under sections 776(a) and (b) of the Act for Shanti Worldwide, Shri
Sumati Oil Industries Pvt. Ltd., Navjyot International Pvt. Ltd., Ish
Agritech Pvt. Ltd., Satguru Organics Pvt. Ltd., Radiance Overseas,
Swastik Enterprises, Soni Soya Products Limited, Raj Foods
International, Vantage Organic Foods Pvt. Ltd., Shree Bhagwati Oil
Mill, and Pragati Organics (collectively non-responsive companies). For
a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall normally be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to the non-responsive companies. Therefore,
the only 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.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted Cash deposit
average rate (adjusted
Exporter/producer dumping for subsidy
margin offset(s)
(percent) (percent)
------------------------------------------------------------------------
Bergwerff Organic Private Limited/ 3.11 0.00
Suminter India Organic Private
Limited..............................
Shanti Worldwide...................... * 18.85 11.83
Shri Sumati Oil Industries Pvt. Ltd... * 18.85 11.83
Navjyot International Pvt. Ltd........ * 18.85 11.83
Ish Agritech Pvt. Ltd................. * 18.85 11.83
Satguru Organics Pvt. Ltd............. * 18.85 11.83
Radiance Overseas..................... * 18.85 11.83
Swastik Enterprises................... * 18.85 11.83
Soni Soya Products Limited............ * 18.85 11.83
Raj Foods International............... * 18.85 11.83
Vantage Organic Foods Pvt. Ltd........ * 18.85 11.83
Shree Bhagwati Oil Mill............... * 18.85 11.83
Pragati Organics...................... * 18.85 11.83
All Others............................ 3.11 0.00
------------------------------------------------------------------------
* (AFA).
Suspension of Liquidation
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate(s).\7\ Any such adjusted cash deposit rate may
be found in the ``Preliminary Determination'' section above.\8\ Should
provisional measures in the companion CVD investigation expire prior to
the expiration of provisional measures in this LTFV investigation,
Commerce will direct CBP to begin collecting estimated antidumping duty
cash deposits unadjusted for countervailed export subsidies at the time
that the provisional CVD measures expire. These suspension of
liquidation instructions will remain in effect until further notice.
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\7\ See, e.g., Polyester Textured Yarn from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 84 FR 31301 (July 1, 2019), unchanged in Polyester
Textured Yarn from India: Final Determination of Sales at Less Than
Fair Value, 84 FR 63843 (November 19, 2019).
\8\ See Preliminary Decision Memorandum for further discussion.
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[[Page 60445]]
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance A timeline for the
submission of case briefs and written comments will be notified to
interested parties 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.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
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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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 11, 2021, pursuant to 19 CFR 351.210(e), Bergwerff
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\11\ See Bergwerff's Letter, ``Organic Soybean Meal from India:
Request for Postponement of the Final Determination,'' dated October
11, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: October 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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 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, 2309.90.1020, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
[[Page 60446]]
VI. Postponement of Final Determination
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Adjustment to Cash Deposit Rates for Export Subsidies in
Companion CVD Investigation
XVI. Recommendation
[FR Doc. 2021-23883 Filed 11-1-21; 8:45 am]
BILLING CODE 3510-DS-P
