Organic Soybean Meal From India: Preliminary Results, Preliminary Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2023, 48147-48149 [2024-12341]
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy,16 i.e., the
assessment rate for such entries will be
equal to the all-others rate established in
the investigation (i.e., 41.10 percent), if
there is no rate for the intermediate
company(ies) involved in the
transaction.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for POSCO will be
equal to POSCO’s weighted-average
dumping margin established in the final
results of this review, except if the rate
is less than 0.50 percent, and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the
completed segment for the most recent
POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 41.10 percent, the
all-others rate established in the
underlying investigation.17 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
khammond on DSKJM1Z7X2PROD with NOTICES
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
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 duties occurred and the
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
17 See Order, 83 FR at 23419.
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subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–12342 Filed 6–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–901]
Organic Soybean Meal From India:
Preliminary Results, Preliminary Intent
To Rescind, in Part, and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Shanti Worldwide made
sales of organic soybean meal from India
at below normal value during the period
of review (POR), November 2, 2021,
through April 30, 2023. Additionally,
we find that Shri Sumati Industries Pvt.
Ltd. (Sumati), did not make bona fide
sales during the POR. Accordingly,
Commerce preliminarily intends to
rescind this review with respect to
Sumati. Further, we are rescinding the
review with respect to 35 companies for
which the review requests were timely
withdrawn. We invite interested parties
to comment on these preliminary
results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley 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) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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48147
Background
On May 16, 2022, Commerce issued
the antidumping duty order on organic
soybean meal from India.1 On May 31,
2023, Commerce received requests for
administrative review from Ecopure
Specialties Ltd. (Ecopure), Shanti
Worldwide, Sumati, and the Organic
Soybean Processors of America (the
petitioner).2 Based on these timely
requests for review, and in accordance
with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order covering 37 companies.3 On July
26, 2023, the petitioner withdrew its
request for review of five companies 4
and on October 6, 2023, the petitioner
withdrew its request for all companies
for which it initially requested review.5
On October 10, 2023, Ecopure withdrew
its request for review of itself.6 Thus,
there are no outstanding review requests
for any companies except Shanti
Worldwide and Sumati. On January 18,
2024, we extended the deadline for
these preliminary results until no later
than May 30, 2024.7
Scope of the Order
The product covered by the Order is
certified organic soybean meal. For a
full description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation. As noted above, all requests
for administrative review were timely
withdrawn for all companies except
1 See Organic Soybean Meal from India:
Antidumping Duty Order, 87 FR 29737 (May 16,
2022) (Order).
2 See Ecopure’s Letter, ‘‘Ecopure Specialties
Limited’s Request for Administrative Review,’’
dated May 31, 2023; Shanti Worldwide’s Letter,
‘‘Request for Antidumping Duty Administrative
Review,’’ dated May 31, 2023; and Sumati’s Letter,
‘‘Request for Antidumping Duty Administrative
Review,’’ dated May 31, 2023; and Petitioner’s
Letter, ‘‘Request for Administrative Review,’’ dated
May 31, 2023.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023).
4 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated July 26,
2023.
5 See Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated October 6, 2023.
6 See Ecopure’s Letter, ‘‘Ecopure Specialties
Private Limited’s Withdrawal of Request for
Administrative Review,’’ dated October 10, 2023.
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 18, 2024.
E:\FR\FM\05JNN1.SGM
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48148
Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
Shanti Worldwide and Sumati.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
administrative review with respect to 35
companies named in the Initiation
Notice.8
Intent To Rescind, in Part
As discussed in the Preliminary
Decision Memorandum and as further
explained in the Bona Fides Sales
Memorandum, Commerce preliminarily
finds that Sumati did not make a bona
fide sale of organic soybean meal during
the POR.9 Commerce reached this
conclusion based on the totality of the
record information surrounding
Sumati’s reported sale, including, but
not limited to, the sales quantity,
profitability, and expenses arising from
the sale.
Because we preliminarily find that
Sumati did not make a bona fide sale
during the POR, we find that Sumati
had no reviewable transactions during
the POR. Accordingly, we preliminarily
intend to rescind this administrative
review with regards to Sumati. The
factual information used in our bona
fide sales analysis of Sumati involves
business proprietary information. See
the Bona Fide Sales Memorandum for a
full discussion of the basis of our
preliminary findings.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Because Commerce preliminarily finds
that Shanti Worldwide failed to
cooperate to the best of its ability in
responding to our requests for
information, we relied on facts
available, with adverse inferences
(AFA), in determining this company’s
dumping margin, consistent with
section 776 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included in Appendix
I of this notice. The Preliminary
Decision Memorandum is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
khammond on DSKJM1Z7X2PROD with NOTICES
8 See
Appendix II for a list of these companies.
Memoranda, ‘‘Preliminary Bona Fide Sales
Analysis for Shri Sumati Industries Pvt. Ltd.,’’
dated concurrently with this notice (Bona Fide
Sales Memorandum) and ‘‘Decision Memorandum
for the Preliminary Results, Preliminary Intent to
Rescind, in Part, and Partial Recission of the
Antidumping Duty Administrative Review of the
Antidumping Duty Order on Organic Soybean Meal
from India; 2021–2023,’’ dated concurrently with,
and hereby adopted by, this notice.
9 See
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16:50 Jun 04, 2024
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Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition,
the Preliminary Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
estimated weighted-average dumping
margin for the period November 2, 2021,
through April 30, 2023:
Manufacturer/exporter
Weightedaverage
dumping
margin
(percent)
Shanti Worldwide ........................
18.80
Disclosure and Public Comment
Normally, Commerce discloses to
interested parties the calculations
performed in connection with
preliminary results within five days of
any public announcement or, if there is
no public announcement, within five
days of the date of publication of the
notice of preliminary results in the
Federal Register, in accordance with 19
CFR 351.224(b). However, because
Commerce preliminarily applied AFA to
the individually examined company,
Shanti Worldwide, in accordance with
section 776(a) and (b) of the Act, there
are no calculations to disclose.
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.10 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.11
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.12 Further, we
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
11 See 19 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. If a request for a hearing is
made, Commerce will inform parties of
the scheduled date for the hearing.14
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised by the parties in the
written comments, within 120 days after
the publication of this notice, unless
otherwise extended.15
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.16 If the
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), then Commerce will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). If the
weighted-average dumping margin is
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
14 See 19 CFR 351.310(d).
15 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
16 See 19 CFR 351.212(b).
E:\FR\FM\05JNN1.SGM
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
zero or de minimis in the final results,
or if an importer-specific assessment
rate is zero or de minimis in the final
results, Commerce will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise that
entered the United States during the
POR that were produced by Shanti
Worldwide for which Shanti Worldwide
did not know that its merchandise was
destined to the United States,
Commerce will instruct CBP to liquidate
unreviewed entries at the all-others rate,
if there is no rate for the intermediate
company(ies) involved in the
transaction.17
For the companies listed in Appendix
II for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue these
rescission instructions to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. 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).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
organic soybean meal from India
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
17 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
16:50 Jun 04, 2024
Jkt 262001
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 3.07
percent, the all-others rate established
in the investigation.18 These cash
deposit requirements, 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
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 duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies for Which This Administrative
Review Is Being Rescinded
1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.;
Bergwerff Organic Private Limited/
Suminter.India Organic Private Limited
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products LLP
7. Eco Gold Nutri and Organics LLP.
8. Ecopure Specialities Ltd.
9. Jay Shree Agro Products
10. Kaj Traders
11. Kanishka Organics LLP
12. Keshav Proteins and Organic LLP.
18 See
PO 00000
13. Kiesriya Agro Exim Pvt., Ltd.
14. Mani Loni
15. Navjyot International Pvt., Ltd.
16. Prasad Cotton Industries Pvt., Ltd.
17. Radha Krishna Oil Product
18. Raj Foods International
19. Raj Natural Food Pvt., Ltd.
20. Rajat Agro Commodities Pvt., Ltd.
21. Reindeer Organics LLP.
22. Sai Smaran Foods Ltd.
23. Satguru Agro Resources Private Ltd.
24. Satguru Organics Pvt., Ltd.
25. Seasons International Pvt., Ltd.
26. Shanti Overseas
27. Shemach Impex
28. Shivam Enterprises
29. Shri Narayani Mfg. Co.
30. Suminter India Organics Pvt., Ltd.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna
35. We Organic Nature Pvt. Ltd.
[FR Doc. 2024–12341 Filed 6–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole mandatory
respondent under review sold pure
magnesium from the People’s Republic
of China (China) at less than normal
value (NV) during the period of review
(POR) May 1, 2022, through April 30,
2023. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 12,1995, Commerce
published in the Federal Register the
antidumping duty (AD) order on pure
magnesium from China.1 On May 2,
1 See Notice of Antidumping Duty Order: Pure
Magnesium from the People’s Republic of China,
the Russian Federation and Ukraine; Notice of
Amended Final Determination of Sales at Less
Order.
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E:\FR\FM\05JNN1.SGM
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Agencies
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48147-48149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12341]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-901]
Organic Soybean Meal From India: Preliminary Results, Preliminary
Intent To Rescind, in Part, and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Shanti Worldwide made sales of organic soybean meal
from India at below normal value during the period of review (POR),
November 2, 2021, through April 30, 2023. Additionally, we find that
Shri Sumati Industries Pvt. Ltd. (Sumati), did not make bona fide sales
during the POR. Accordingly, Commerce preliminarily intends to rescind
this review with respect to Sumati. Further, we are rescinding the
review with respect to 35 companies for which the review requests were
timely withdrawn. We invite interested parties to comment on these
preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 16, 2022, Commerce issued the antidumping duty order on
organic soybean meal from India.\1\ On May 31, 2023, Commerce received
requests for administrative review from Ecopure Specialties Ltd.
(Ecopure), Shanti Worldwide, Sumati, and the Organic Soybean Processors
of America (the petitioner).\2\ Based on these timely requests for
review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order covering 37
companies.\3\ On July 26, 2023, the petitioner withdrew its request for
review of five companies \4\ and on October 6, 2023, the petitioner
withdrew its request for all companies for which it initially requested
review.\5\ On October 10, 2023, Ecopure withdrew its request for review
of itself.\6\ Thus, there are no outstanding review requests for any
companies except Shanti Worldwide and Sumati. On January 18, 2024, we
extended the deadline for these preliminary results until no later than
May 30, 2024.\7\
---------------------------------------------------------------------------
\1\ See Organic Soybean Meal from India: Antidumping Duty Order,
87 FR 29737 (May 16, 2022) (Order).
\2\ See Ecopure's Letter, ``Ecopure Specialties Limited's
Request for Administrative Review,'' dated May 31, 2023; Shanti
Worldwide's Letter, ``Request for Antidumping Duty Administrative
Review,'' dated May 31, 2023; and Sumati's Letter, ``Request for
Antidumping Duty Administrative Review,'' dated May 31, 2023; and
Petitioner's Letter, ``Request for Administrative Review,'' dated
May 31, 2023.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 26, 2023.
\5\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 6, 2023.
\6\ See Ecopure's Letter, ``Ecopure Specialties Private
Limited's Withdrawal of Request for Administrative Review,'' dated
October 10, 2023.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
18, 2024.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is certified organic soybean meal.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. As noted above, all requests
for administrative review were timely withdrawn for all companies
except
[[Page 48148]]
Shanti Worldwide and Sumati. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to 35 companies named in the Initiation Notice.\8\
---------------------------------------------------------------------------
\8\ See Appendix II for a list of these companies.
---------------------------------------------------------------------------
Intent To Rescind, in Part
As discussed in the Preliminary Decision Memorandum and as further
explained in the Bona Fides Sales Memorandum, Commerce preliminarily
finds that Sumati did not make a bona fide sale of organic soybean meal
during the POR.\9\ Commerce reached this conclusion based on the
totality of the record information surrounding Sumati's reported sale,
including, but not limited to, the sales quantity, profitability, and
expenses arising from the sale.
---------------------------------------------------------------------------
\9\ See Memoranda, ``Preliminary Bona Fide Sales Analysis for
Shri Sumati Industries Pvt. Ltd.,'' dated concurrently with this
notice (Bona Fide Sales Memorandum) and ``Decision Memorandum for
the Preliminary Results, Preliminary Intent to Rescind, in Part, and
Partial Recission of the Antidumping Duty Administrative Review of
the Antidumping Duty Order on Organic Soybean Meal from India; 2021-
2023,'' dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Because we preliminarily find that Sumati did not make a bona fide
sale during the POR, we find that Sumati had no reviewable transactions
during the POR. Accordingly, we preliminarily intend to rescind this
administrative review with regards to Sumati. The factual information
used in our bona fide sales analysis of Sumati involves business
proprietary information. See the Bona Fide Sales Memorandum for a full
discussion of the basis of our preliminary findings.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Because
Commerce preliminarily finds that Shanti Worldwide failed to cooperate
to the best of its ability in responding to our requests for
information, we relied on facts available, with adverse inferences
(AFA), in determining this company's dumping margin, consistent with
section 776 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in Appendix
I of this notice. The Preliminary Decision Memorandum 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, the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
estimated weighted-average dumping margin for the period November 2,
2021, through April 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Shanti Worldwide........................................... 18.80
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied AFA to the individually
examined company, Shanti Worldwide, in accordance with section 776(a)
and (b) of the Act, there are no calculations to disclose.
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of issues raised by the
parties in the written comments, within 120 days after the publication
of this notice, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\ If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin is
[[Page 48149]]
zero or de minimis in the final results, or if an importer-specific
assessment rate is zero or de minimis in the final results, Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\16\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by Shanti Worldwide for which Shanti
Worldwide did not know that its merchandise was destined to the United
States, Commerce will instruct CBP to liquidate unreviewed entries at
the all-others rate, if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. 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 following deposit requirements will be effective for all
shipments of organic soybean meal from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 3.07 percent, the
all-others rate established in the investigation.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order.
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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 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 duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies for Which This Administrative Review Is Being Rescinded
1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.; Bergwerff Organic Private
Limited/Suminter.India Organic Private Limited
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products LLP
7. Eco Gold Nutri and Organics LLP.
8. Ecopure Specialities Ltd.
9. Jay Shree Agro Products
10. Kaj Traders
11. Kanishka Organics LLP
12. Keshav Proteins and Organic LLP.
13. Kiesriya Agro Exim Pvt., Ltd.
14. Mani Loni
15. Navjyot International Pvt., Ltd.
16. Prasad Cotton Industries Pvt., Ltd.
17. Radha Krishna Oil Product
18. Raj Foods International
19. Raj Natural Food Pvt., Ltd.
20. Rajat Agro Commodities Pvt., Ltd.
21. Reindeer Organics LLP.
22. Sai Smaran Foods Ltd.
23. Satguru Agro Resources Private Ltd.
24. Satguru Organics Pvt., Ltd.
25. Seasons International Pvt., Ltd.
26. Shanti Overseas
27. Shemach Impex
28. Shivam Enterprises
29. Shri Narayani Mfg. Co.
30. Suminter India Organics Pvt., Ltd.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna
35. We Organic Nature Pvt. Ltd.
[FR Doc. 2024-12341 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P