This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

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rulings, delegations of authority, filing of

petitions and applications and agency

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examples of documents appearing in this

section.

Notices Federal Register

16453 

Vol. 87, No. 56 

Wednesday, March 23, 2022 

1See Organic Soybean Meal from India: 

Preliminary Affirmative Countervailing Duty 

Determination and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 86 FR 49514 (September 3, 2021) 

and accompanying Preliminary Decision 

Memorandum (PDM). 

2See Memorandum, ‘‘Post-Preliminary Analysis 

Memorandum,’’ dated December 8, 2021. 

3See Memorandum, ‘‘Issues and Decisions 

Memorandum for the Final Affirmative 

Determination of the Countervailing Duty 

Investigation of Organic Soybean Meal from India,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decisions Memorandum). 

4See 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. 

5See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Organic Soybean Meal From India: 

In Lieu of On-Site Verification Questionnaire,’’ 

dated December 15, 2021; see also Bergwerff’s 

Letter, ‘‘Organic Soybean Meal From India: In Lieu 

of Onsite Verification Questionnaire Response,’’ 

dated December 22, 2021. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–902] 

Organic Soybean Meal From India: 

Final Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

organic soybean meal from India. 

DATES: Applicable March 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Chien-Min Yang, 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) 482–5484. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 3, 2021, Commerce 

published the Preliminary 

Determination in the Federal Register.1

In the Preliminary Determination, and 

in accordance with section 705(a)(1) of 

the Tariff Act of 1930 as amended (the 

Act), and 19 CFR 351.210(b)(4), 

Commerce aligned the final 

determination of this CVD investigation 

with the final determination in the 

companion antidumping duty 

investigation of organic soybean meal 

from India. On December 8, 2021, 

Commerce released its Post-Preliminary 

Analysis.2 For a complete description of 

the events that followed the Preliminary 

Determination and Post-Preliminary 

Analysis, see the Issues and Decision 

Memorandum.3 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. 

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 

During the course of this 

investigation, Commerce did not receive 

scope comments from any interested 

parties. Thus, Commerce is not 

modifying the scope language as it 

appeared in the Preliminary 

Determination. See Appendix I for the 

final scope of the investigation. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation, are discussed in the 

Issues and Decision Memorandum. For 

a list of the issues raised by parties, and 

to which we responded in the Issues 

and Decision Memorandum, see 

Appendix II of this notice. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.4 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

In making this final determination, 

Commerce relied, in part, on the facts 

otherwise available on the record 

pursuant to section 776(a) of the Act. 

Additionally, as discussed in the Issues 

and Decision Memorandum, because the 

Government of India and various 

producers or exporters of subject 

merchandise did not act to the best of 

their abilities in responding to our 

requests for information, we drew 

adverse inferences, where appropriate, 

in selecting from among the facts 

otherwise available, pursuant to section 

776(b) of the Act. For further 

information, see the section ‘‘Use of 

Facts Otherwise Available and Adverse 

Inferences’’ in the accompanying Issues 

and Decision Memorandum. 

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 on-site verification to verify the 

information relied upon in making this 

final determination, in accordance with 

section 782(i) of the Act.5

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, we 

made certain changes to the subsidy rate 

calculations for Bergwerff Organic India 

Private Limited (Bergwerff), All Others 

rate and the calculation of AFA rates. 

For a discussion of these changes, see 

the Issues and Decision Memorandum. 

All-Others Rate 

In this investigation, the only 

individually calculated rate that is not 


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16454 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 

6As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

company to be cross-owned with Bergwerff: 

Suminter India Organics Private Limited. 

7See Preliminary Decision Memorandum at 

section VII, ‘‘Use of Facts Otherwise Available and 

Adverse Inferences.’’ 

8 Id. 

9 Id. 

10 Id. 

11 Id. 

12 Id. 

13 Id. 

14 Id. 

15 Id. 

zero, de minimis or based entirely on 

facts otherwise available is the rate 

calculated for Bergwerff. Consequently, 

the rate calculated for Bergwerff is also 

assigned as the rate for all other 

producers and exporters not 

individually examined in this 

investigation. 

Final Determination 

Commerce determines the total 

estimated net countervailable subsidy 

rates to be: 

Company Subsidy rate 

(percent) 

Bergwerff Organic India Private Limited 6 ........................................................................................................................................... 9.57 

Shanti Worldwide ................................................................................................................................................................................. 283.91 

Shri Sumati Oil Industries Pvt. Ltd ...................................................................................................................................................... 283.91 

Navjyot International Pvt. Ltd .............................................................................................................................................................. 283.91 

Ish Agritech Pvt. Ltd 7 .......................................................................................................................................................................... 283.91 

Satguru Organics Pvt. Ltd 8 ................................................................................................................................................................. 283.91 

Radiance Overseas 9 ........................................................................................................................................................................... 283.91 

Swastik Enterprises 10 ......................................................................................................................................................................... 283.91 

Soni Soya Products Limited 11 ............................................................................................................................................................ 283.91 

Raj Foods International 12 .................................................................................................................................................................... 283.91 

Vantage Organic Foods Pvt. Ltd 13 ..................................................................................................................................................... 283.91 

Shree Bhagwati Oil Mill 14 ................................................................................................................................................................... 283.91 

Pragati Organics 15 .............................................................................................................................................................................. 283.91 

All Others ............................................................................................................................................................................................. 9.57 

Disclosure 

Commerce intends to disclose to 

interested parties its calculations and 

analysis performed in this final 

determination 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). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination, and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce instructed U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after September 3, 

2021, the date of publication of the 

Preliminary Determination in the 

Federal Register. In accordance with 

section 703(d) of the Act, effective 

January 1, 2022, we instructed CBP to 

discontinue the suspension of 

liquidation of all entries at that time, but 

to continue the suspension of 

liquidation of all entries from 

September 3, 2021, through December 

31, 2021. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order and require a 

cash deposit of estimated countervailing 

duties for such entries of subject 

merchandise in the amounts indicated 

above, in accordance with section 706(a) 

of the Act. If the ITC determines that 

material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated, and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

organic soybean meal from India. As 

Commerce’s final determination is 

affirmative, in accordance with section 

705(b) of the Act, the ITC will 

determine, within 45 days, whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury. In addition, we are 

making available to the ITC all nonprivileged and nonproprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Notification Regarding APO 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

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 which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 771(i) of the Act, and 19 CFR 

351.210(c). 

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 


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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 16455 

1See Fresh Garlic from the People’s Republic of 

China: Preliminary Results, Preliminary Rescission, 

and Final Rescission, In Part, of the 26th 

Antidumping Duty Administrative Review; 2019– 

2020, 86 FR 67911 (November 30, 2021) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

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 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. Subsidies Valuation 

VI. Analysis of Programs 

VII. Analysis of Comments 

Comment 1: Whether Bergwerff Failed to 

Identify an Affiliated Supplier 

Comment 2: Whether Commerce Should 

Apply Adverse Facts Available (AFA) to 

Bergwerff for Failing to Report Use of an 

Export Promotion Scheme 

Comment 3: Whether Commerce Should 

Countervail the Duty Drawback Benefits 

Received by Bergwerff for Organic 

Soybeans 

Comment 4: Whether Commerce Should 

Have Selected Additional Respondents 

for Individual Examination in this 

Investigation 

Comment 5: Whether Commerce Should 

Apply Total AFA to Shanti Overseas 

(India) Ltd. 

Comment 6: Whether Commerce Should 

Recalculate the Benefits Received Under 

the Duty-Free Importation of Capital 

Goods and Raw Materials, Components, 

Consumables, Intermediates, Spare Parts 

and Packing Material, and Exemption 

from Central Sales Tax (CST) on 

Purchases of Capital Goods and Raw 

Materials, Components, Consumables, 

Intermediates, Spare Parts, and Packing 

Material 

Comment 7: Whether Commerce Should 

Countervail the Exemption from 

Payment of Central Sales Tax (CST) on 

Purchases of Capital Goods and Raw 

Materials, Components, Consumables, 

Intermediates, Spare Parts and Packing 

Materials 

Comment 8: Whether Commerce Should 

Recalculate the Benefits Received Under 

the Merchandise Export Incentive 

Scheme (MEIS) Program 

Comment 9: Whether Commerce Should 

Countervail the Pre-Shipment and PostShipment Export Financing Program 

Comment 10: Whether Commerce Assigned 

the AFA Rate Twice for the SGMP 

Exemption from Electricity Duty and 

Cess on Electricity Supplied to a Special 

Economic Zone (SEZ) Unit Program 

Comment 11: Whether Commerce Should 

Countervail the Advance Authorization 

Program (AAP) and the Duty Drawback 

(DDB) Program 

Comment 12: Whether Commerce Should 

Apply AFA to the Non-Cooperative 

Mandatory Respondents that Withdrew 

from Participation in the Investigation 

Comment 13: Whether Commerce Should 

Apply AFA to the Government of India 

(GOI) 

Comment 14: Whether Commerce Correctly 

Initiated the Transportation and 

Marketing Assistance (TMA) for Special 

Agriculture Products 

VIII. Recommendation 

[FR Doc. 2022–06155 Filed 3–22–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

U.S. Section Membership 

Opportunities for the United StatesIndia CEO Forum 

AGENCY: International Trade 

Administration (ITA), Department of 

Commerce. 

ACTION: Notice. 

The Department of Commerce, ITA, is 

amending the Notice published at 87 FR 

9318 (February 18, 2022), regarding the 

dates for submission of applications for 

appointment, or reappointment, to the 

U.S. Section of the U.S.-India CEO 

Forum. ITA will accept applications on 

a rolling basis for membership on the 

U.S. Section of the Forum for terms that 

will begin upon appointment and will 

expire on December 31, 2024. 

Immediate consideration will now be 

given to applications received by April 

6, 2022. ITA will accept nominations 

under this notice on an on-going basis 

during the charter term to fill vacancies 

as they arise. 

ADDRESSES: For inquiries and an 

application, please contact Noor 

Sclafani, International Trade Specialist, 

Office of South Asia, U.S. Department of 

Commerce, by email at noor.sclafani@

trade.gov. 

FOR FURTHER INFORMATION CONTACT: 

Noor Sclafani, International Trade 

Specialist, Office of South Asia, U.S. 

Department of Commerce, telephone: 

(202) 823–1840. 

SUPPLEMENTARY INFORMATION: Please 

refer to Notice published at 87 FR 9318 

(February 18, 2022). 

Dated: March 18, 2022. 

Jed Diemond, 

Deputy Director, Office of South Asia. 

[FR Doc. 2022–06164 Filed 3–22–22; 8:45 am] 

BILLING CODE 3510–HE–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Final Results and 

Final Rescission, In Part, of the 26th 

Antidumping Duty Administrative 

Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) has completed its 

administrative review of the 

antidumping duty order on fresh garlic 

from the People’s Republic of China 

(China) for the period of review (POR) 

November 1, 2019, through October 31, 

2020. We determine that mandatory 

respondent, Jining Shunchang Import & 

Export Co., Ltd. (Shunchang) failed to 

establish its eligibility for a separate rate 

and, therefore, is part of the China-wide 

entity. We are rescinding the review 

with respect to Zhengzhou Harmoni 

Spice Co., Ltd. (Harmoni). 

DATES: Applicable March 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Saude, 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) 482–0981. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 30, 2021, Commerce 

published the preliminary results of the 

twenty-sixth administrative review of 

fresh garlic from China.1 No interested 

party submitted comments concerning 

the Preliminary Results or requested 

that a hearing be held. Commerce 

conducted this administrative review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 


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