Organic Soybean Meal From India: Final Results of Countervailing Duty Administrative Review; 2021-2022, 99223-99224 [2024-28991]

Download as PDF Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 142.72 percent); and (3) for all nonChinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that nonChinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 terms of an APO is a violation subject to sanction. khammond on DSK9W7S144PROD with NOTICES Notification to Interested Parties These final results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 19 CFR 351.221(b)(5). Dated: December 4, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–28928 Filed 12–9–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:28 Dec 09, 2024 Jkt 265001 99223 International Trade Administration India. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. [C–533–902] Analysis of Comments Received Organic Soybean Meal From India: Final Results of Countervailing Duty Administrative Review; 2021–2022 All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. DEPARTMENT OF COMMERCE Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain producers and exporters of organic soybean meal from India. The period of review (POR) is September 3, 2021, through December 31, 2022. DATES: Applicable December 10, 2024. FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482–0697. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 30, 2024, Commerce published the Preliminary Results of this administrative review in the Federal Register and invited interested parties to comment.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On September 30, 2024, we extended the time limit for these final results to December 3, 2024.3 For a complete description of the events that occurred since the publication of the Preliminary Results, see the Issues and Decision Memorandum.4 Scope of the Order 5 The merchandise covered by this Order is organic soybean meal from 1 See Organic Soybean Meal from India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021– 2022, 89 FR 46864 (May 30, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Extension of Deadline for Final Results,’’ September 30, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Organic Soybean Meal from India; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Organic Soybean Meal from India: Countervailing Duty Order, 87 FR 29735 (May 16, 2022) (Order). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Changes Since the Preliminary Results Based on our analysis of comments from interested parties, we made certain changes to Shri Sumati Industries Private Limited’s countervailable subsidy rate calculations from the Preliminary Results. For a full description of these changes, see the Issues and Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our conclusions, including our reliance on facts available with adverse inferences, pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Final Results of Review As a result of this review, Commerce determines the following net countervailable subsidy rates exist for the period September 3, 2021, through December 31, 2022: 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\10DEN1.SGM 10DEN1 99224 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices Subsidy rate 2021 (percent ad valorem) Company Shri Sumati Industries Private Limited .................................................................................... Shanti Worldwide ..................................................................................................................... Disclosure Commerce intends to disclose its calculations and analysis performed in connection with these final results to interested parties within five days of its 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). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise covered by this review. 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 DSK9W7S144PROD with NOTICES Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the companies listed above for shipments of subject merchandise which entered, or were withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or most recent companyspecific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order (APO) This notice also serves as the final reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written VerDate Sep<11>2014 17:28 Dec 09, 2024 Jkt 265001 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 terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(5). Dated: December 3, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation V. Use of Facts Otherwise Available and Adverse Inferences VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether To Apply Adverse Facts Available (AFA) to the Duty Drawback Scheme (DDB) Comment 2: Whether To Apply AFA to the Interest Equalization Scheme (IES) Comment 3: Whether To Treat Transport and Marketing Assistance for Specified Agricultural Products (TMA) as a NonRecurring Grant Program VIII. Recommendation [FR Doc. 2024–28991 Filed 12–9–24; 8:45 am] BILLING CODE 3510–DS–P Subsidy rate 2022 (percent ad valorem) 8.82 261.80 5.15 261.80 January 1, 2022, through December 31, 2022. DATES: Applicable December 10, 2024. FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1537 or (202) 482–3456, respectively. SUPPLEMENTARY INFORMATION: Background On May 31, 2024, Commerce published the Preliminary Results of this administrative review in the Federal Register, and invited interested parties to comment.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On September 6, 2024, Commerce extended the deadline for the final results of this review to no later than December 4, 2024.3 For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.4 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 5 The merchandise covered by the Order is CTL plate. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. DEPARTMENT OF COMMERCE International Trade Administration [C–580–888] Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to POSCO Co., Ltd. (POSCO), a producer and exporter of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea), during the period of review (POR) from AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 89 FR 47131 (May 31, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated September 6, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 25, 2017) (Order). E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99223-99224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-902]


Organic Soybean Meal From India: Final Results of Countervailing 
Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain producers and 
exporters of organic soybean meal from India. The period of review 
(POR) is September 3, 2021, through December 31, 2022.

DATES: Applicable December 10, 2024.

FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482-0697.

SUPPLEMENTARY INFORMATION: 

Background

    On May 30, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited interested 
parties to comment.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On 
September 30, 2024, we extended the time limit for these final results 
to December 3, 2024.\3\ For a complete description of the events that 
occurred since the publication of the Preliminary Results, see the 
Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Organic Soybean Meal from India: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review; 
2021-2022, 89 FR 46864 (May 30, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results,'' 
September 30, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Organic Soybean Meal from India; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order \5\
---------------------------------------------------------------------------

    \5\ See Organic Soybean Meal from India: Countervailing Duty 
Order, 87 FR 29735 (May 16, 2022) (Order).
---------------------------------------------------------------------------

    The merchandise covered by this Order is organic soybean meal from 
India. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed in the Issues and Decision Memorandum is 
provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties, we made 
certain changes to Shri Sumati Industries Private Limited's 
countervailable subsidy rate calculations from the Preliminary Results. 
For a full description of these changes, see the Issues and Decision 
Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found to be countervailable, we 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\6\ For a full description of the methodology 
underlying our conclusions, including our reliance on facts available 
with adverse inferences, pursuant to sections 776(a) and (b) of the 
Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Results of Review

    As a result of this review, Commerce determines the following net 
countervailable subsidy rates exist for the period September 3, 2021, 
through December 31, 2022:

[[Page 99224]]



----------------------------------------------------------------------------------------------------------------
                                                                   Subsidy rate 2021        Subsidy rate 2022
                            Company                               (percent ad valorem)     (percent ad valorem)
----------------------------------------------------------------------------------------------------------------
Shri Sumati Industries Private Limited........................                     8.82                     5.15
Shanti Worldwide..............................................                   261.80                   261.80
----------------------------------------------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in connection with these final results to interested parties 
within five days of its 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).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise covered by this review. 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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the companies 
listed above for shipments of subject merchandise which entered, or 
were withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as the final reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 351.221(b)(5).

    Dated: December 3, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether To Apply Adverse Facts Available (AFA) to the 
Duty Drawback Scheme (DDB)
    Comment 2: Whether To Apply AFA to the Interest Equalization 
Scheme (IES)
    Comment 3: Whether To Treat Transport and Marketing Assistance 
for Specified Agricultural Products (TMA) as a Non-Recurring Grant 
Program
VIII. Recommendation

[FR Doc. 2024-28991 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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