Organic Soybean Meal From India: Final Affirmative Determination of Sales at Less Than Fair Value, 16458-16460 [2022-06154]
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<![CDATA[
16458
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
Subsidy
rate
(percent
ad
valorem
Producer/exporter
Columbus Stainless Steel Company (the operating division of
the Columbus Joint Venture) ..
All Others ....................................
3.95
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: March 16, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation.
jspears on DSK121TN23PROD with NOTICES1
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[A–533–901]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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).
DATES: Applicable March 23, 2022.
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:
AGENCY:
Background
On November 2, 2021, Commerce
published the Preliminary
Determination in this investigation.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2
Period of Investigation
The period of investigation is January
1, 2020, through December 31, 2020.
Appendix
BILLING CODE 3510–DS–P
International Trade Administration
Organic Soybean Meal From India:
Final Affirmative Determination of
3.95 Sales at Less Than Fair Value
Administrative Protective Order
[FR Doc. 2022–06075 Filed 3–22–22; 8:45 am]
DEPARTMENT OF COMMERCE
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
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, no changes were made to the
scope of the investigation.
1 See Organic Soybean Meal from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 86 FR 60443 (November 2, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination in the Less-Than-FairValue Investigation of Organic Soybean Meal from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Sfmt 4703
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce in the Issues and Decision
Memorandum is attached to this notice
as Appendix II. The Issues and Decision
Memorandum is a public document and
is available 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and additional
information obtained since our
preliminary findings, we made certain
changes to the margin calculations for
Bergwerff Organic India Private Limited
(Bergwerff), the sole cooperative
respondent in this investigation, after
the Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. Commerce
3 See Commerce’s Letter, ‘‘Organic Soybean Meal
from India Antidumping Duty Investigation:
Questionnaire in Lieu of Verification,’’ dated
January 7, 2022; see also Bergwerff’s Letter,
‘‘Organic Soybean Meal from India: In Lieu of
Onsite Verification Questionnaire Response,’’ dated
January 19, 2022.
E:\FR\FM\23MRN1.SGM
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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
calculated an individual estimated
weighted average dumping margin for
Bergwerff, the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Bergwerff is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
The estimated weighted-average
dumping margins are as follows:
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 .........................................................................................................................................
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
3.07
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
* 18.80
3.07
0.00
9.26
9.26
9.26
9.26
9.26
9.26
9.26
9.26
9.26
9.26
9.26
9.26
0.00
* (Facts available with an adverse inference).
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
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).
jspears on DSK121TN23PROD with NOTICES1
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue the suspension of
liquidation of all appropriate entries of
organic soybean meal, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after November
2, 2022, the date of publication of the
Preliminary Determination in this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, we will instruct CBP to require
a cash deposit equal to the estimated
amount by which the normal value
exceeds the U.S. price as follows: (1)
The cash deposit rate for the respondent
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final 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
respondent-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
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rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
In the event that a countervailing duty
(CVD) order is issued, and suspension of
liquidation is resumed in the
companion CVD investigation of
soybean meal from India, Commerce
will instruct CBP to require, for this
antidumping duty investigation, cash
deposits adjusted by the amount of
export subsidies, as appropriate. These
adjustments are reflected in the final
column of the rate chart, above. Until
such suspension of liquidation is
resumed in the companion CVD
investigation, and so long as suspension
of liquidation continues under this
antidumping duty investigation, the
cash deposit rates for this antidumping
duty investigation will be the rates
identified in the estimated weightedaverage dumping margin column in the
rate chart, above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
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Sfmt 4703
material injury, no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated, and all
cash deposits will be refunded. If the
ITC determines that material injury or
threat of material injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise, entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
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16460
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
Dated: March 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Comment 7: AFA Rate
Comment 8: AFA Rate Subsidy Offset
VII. Recommendation
Appendix I
BILLING CODE 3510–DS–P
[FR Doc. 2022–06154 Filed 3–22–22; 8:45 am]
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.
jspears on DSK121TN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and
Adverse Inferences: Non-Cooperative
and Non-Responsive Companies
V. Changes Since the Preliminary
Determination
VI. Analysis of Comments
Comment 1: Certain Direct Selling
Expenses
Comment 2: Bergwerff’s Affiliation with a
Certain Supplier
Comment 3: Bergwerff’s Affiliation with
Supplying Farmers
Comment 4: Bergwerff Allegedly Used
Non-Organic Soybeans
Comment 5: Whether AFA is Warranted for
Bergwerff
Comment 6: AFA for Non-Cooperative
Selected Mandatory Respondents and
Affiliates
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Northeast Multispecies
Reporting Requirements.
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on December
17, 2021 during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Title: Northeast Multispecies
Reporting Requirements
OMB Control Number: 0648–0605.
Form Number(s): None.
Type of Request: Regular submission
[revision and extension of a current
information collection].
Number of Respondents: 1,339.
Average Hours per Response: Sector
Operations Plan & Annual Membership
List Updates, 110 hours; Monitoring &
Reporting Service Providers Application
& Response to Denial, 10 hours;
Monitoring System (database) for
Discards, Sector Manager Weekly Catch
Reports & Annual Reports, 18 minutes;
Notification of Ejection from Sector; 30
minutes; Transfer of Annual Catch
Entitlement between Sectors, 5 minutes;
Area & DAS Declaration—Groundfish
Vessels Fishing under any NE
Multispecies DAS, 5 minutes; VMS
Daily Catch Reports—Average 5-day
Length Trips, 15 minutes; Catch
Reporting Requirements: US/Canada
Area, CA II SAPs, Close Area I SAP, and
Regular B Program, 15 minutes; At-Sea
Monitoring & Reporting Requirements—
Notifications & Database Requirements
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& Monitoring Costs, 24 minutes; NE
Fishery Observer Notification, 5
minutes; Trip Start/End Hails, 5
minutes; DAS Transfer Program, 5
minutes; Submission of Proposed
Special Access Program (SAP), 20
hours; Northwest Atlantic Fisheries
Organization (NAFO) Reporting
Requirements, 22.75 hours; DAS
Leasing Request Form, 5 minutes; DAS
Downgrade Request, 5 minutes; VMS
Trip Catch Reports—1 Day or Less
Trips, 15 minutes; Electronic
Monitoring Program Requirements, 9
hours; NAFO—Daily Observer Catch
Report Information, 6 minutes.
Total Annual Burden Hours: 196,983.
Needs and Uses: This request is for
the revision and extension of a current
information collection. Under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Secretary
of Commerce has the responsibility for
the conservation and management of
marine fishery resources. We, National
Oceanic and Atmospheric
Administration’s (NOAA) National
Marine Fisheries Service (NMFS), and
the Regional Fishery Management
Councils are delegated the majority of
this responsibility. The New England
Fishery Management Council (Council)
develops management plans for fishery
resources in New England.
In 2010, we implemented a new suite
of regulations for the Northeast (NE)
multispecies fishery through
Amendment 16 to the NE Multispecies
Fishery Management Plan (FMP). This
action updated status determination
criteria for all regulated NE multispecies
or ocean pout stocks; adopted
rebuilding programs for NE multispecies
(groundfish) stocks newly classified as
being overfished and subject to
overfishing; revised management
measures, including significant
revisions to the sector management
measures (established under
Amendment 13) necessary to end
overfishing, rebuild overfished
regulated NE multispecies and ocean
pout stocks, and mitigate the adverse
economic impacts of increased effort
controls. It also implemented new
requirements under Amendment 16 for
establishing acceptable biological catch,
annual catch limits (ACLs), and
accountability measures for each stock
managed under the FMP, pursuant to
the Magnuson-Stevens Act.
Sectors are a management tool in the
groundfish fishery. A sector consists of
three or more limited access NE
multispecies vessel permits, with
distinct ownership, who voluntarily
enter into a contract to manage their
fishing operations and to share liability.
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]]>Agencies
[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16458-16460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Final Affirmative Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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).
DATES: Applicable March 23, 2022.
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
On November 2, 2021, Commerce published the Preliminary
Determination in this investigation.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Organic Soybean Meal from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
60443 (November 2, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Determination in the Less-Than-Fair-Value Investigation of Organic
Soybean Meal from India,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
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
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Organic Soybean Meal from India
Antidumping Duty Investigation: Questionnaire in Lieu of
Verification,'' dated January 7, 2022; see also Bergwerff's Letter,
``Organic Soybean Meal from India: In Lieu of Onsite Verification
Questionnaire Response,'' dated January 19, 2022.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our preliminary findings, we made certain
changes to the margin calculations for Bergwerff Organic India Private
Limited (Bergwerff), the sole cooperative respondent in this
investigation, after the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. Commerce
[[Page 16459]]
calculated an individual estimated weighted average dumping margin for
Bergwerff, the only individually examined exporter/producer in this
investigation. Because the only individually calculated dumping margin
is not zero, de minimis, or based entirely on facts otherwise
available, the estimated weighted-average dumping margin calculated for
Bergwerff is the margin assigned to all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Cash deposit rate
Estimated weighted (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent)
------------------------------------------------------------------------
Bergwerff Organic Private 3.07 0.00
Limited/Suminter India
Organic Private Limited....
Shanti Worldwide............ * 18.80 9.26
Shri Sumati Oil Industries * 18.80 9.26
Pvt. Ltd...................
Navjyot International Pvt. * 18.80 9.26
Ltd........................
Ish Agritech Pvt. Ltd....... * 18.80 9.26
Satguru Organics Pvt. Ltd... * 18.80 9.26
Radiance Overseas........... * 18.80 9.26
Swastik Enterprises......... * 18.80 9.26
Soni Soya Products Limited.. * 18.80 9.26
Raj Foods International..... * 18.80 9.26
Vantage Organic Foods Pvt. * 18.80 9.26
Ltd........................
Shree Bhagwati Oil Mill..... * 18.80 9.26
Pragati Organics............ * 18.80 9.26
All Others.................. 3.07 0.00
------------------------------------------------------------------------
* (Facts available with an adverse inference).
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of organic soybean
meal, as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after November 2, 2022,
the date of publication of the Preliminary Determination in this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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. These suspension of liquidation instructions will
remain in effect until further notice.
In the event that a countervailing duty (CVD) order is issued, and
suspension of liquidation is resumed in the companion CVD investigation
of soybean meal from India, Commerce will instruct CBP to require, for
this antidumping duty investigation, cash deposits adjusted by the
amount of export subsidies, as appropriate. These adjustments are
reflected in the final column of the rate chart, above. Until such
suspension of liquidation is resumed in the companion CVD
investigation, and so long as suspension of liquidation continues under
this antidumping duty investigation, the cash deposit rates for this
antidumping duty investigation will be the rates identified in the
estimated weighted-average dumping margin column in the rate chart,
above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that material
injury or threat of material injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
[[Page 16460]]
Dated: March 17, 2022.
Lisa W. Wang,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences: Non-
Cooperative and Non-Responsive Companies
V. Changes Since the Preliminary Determination
VI. Analysis of Comments
Comment 1: Certain Direct Selling Expenses
Comment 2: Bergwerff's Affiliation with a Certain Supplier
Comment 3: Bergwerff's Affiliation with Supplying Farmers
Comment 4: Bergwerff Allegedly Used Non-Organic Soybeans
Comment 5: Whether AFA is Warranted for Bergwerff
Comment 6: AFA for Non-Cooperative Selected Mandatory
Respondents and Affiliates
Comment 7: AFA Rate
Comment 8: AFA Rate Subsidy Offset
VII. Recommendation
[FR Doc. 2022-06154 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P
